Analysis of Legislation and Ethical Dilemmas in Travel and Tourism

This report provides a comprehensive overview of the legal and regulatory frameworks governing the travel and tourism sector. It begins by explaining the legal and regulatory aspects, including surface, sea, and air transport laws related to passenger carriage. The report then evaluates the impacts of health, safety, and security legislation, as well as legislation related to equality. It further delves into contract and consumer protection legislation relevant to travel and tourism customers. Finally, the report analyzes ethical dilemmas faced by the sector, drawing on examples from travel and tourism magazines, and examines the corporate social responsibility of travel and tourism businesses. The report emphasizes the importance of compliance with various acts and regulations, including the Development of Tourism Act, Consumer Protection, Health and Safety regulations, the Licensing Act, HSE, Health and Safety Commission, SRA, IATA, CAA, and ABTA, to ensure passenger safety, ethical practices, and overall industry sustainability.

LEGISLATION
AND
ETHICS IN TRAVEL
AND TOURISM
SECTOR

Table of Contents
INTRODUCTION............................................................................................................................3
TASK 1............................................................................................................................................3
1.1 Explaining legal and regulatory framework of travel and tourism sector ............................3
1.2 Surface, sea and air transport law in relation with carriage of passengers within the legal
and regulatory framework ..........................................................................................................6
TASK 2............................................................................................................................................7
2.1 Evaluating the impacts of the principles of health, safety and security legislation on the
travel and tourism sector ............................................................................................................7
2.2 Analyzing the legislation related to the equality ..................................................................8
TASK 3..........................................................................................................................................10
3.1 Contract legislation in relation to travel and tourism customers ........................................10
3.2 Stating consumer protection legislation in relation to travel and tourism customers .........11
TASK 4..........................................................................................................................................12
4.1 Analysing ethical dilemmas faced by travel and tourism sector which is published in
Travel and Tourism Magazines ................................................................................................12
4.2 Analysing the corporate social responsibility of travel and tourism business ....................13
CONCLUSION .............................................................................................................................14
REFERENCES...............................................................................................................................16

INTRODUCTION
Travel and tourism is considered as largest service industry in terms of the revenue as
well as foreign exchange earning. Further, this industry is also treated as largest employment
generator sector in the world. Nation gets more of the revenue when more of the tourists reach to
a particular tourist destination and they contribute their best in growth and development of
particular nation. On the other side, tourism law forms a certain framework which governs travel
agencies, travel ventures, airports, etc. Travel and tourism sector also comprises multi skilled and
talented individuals who relatively doing their best in order to increase the Corporate Social
Responsibility (Dickinson and Lumsdon, 2010). Apart from it, there also exist some ethical
dilemmas which are faced by the tourism industry of a particular country. Thus, it is necessary to
avoid common mistakes and provide quality of outcomes for the tourism services.
This present report will focus on understanding the legal and regulatory framework
regarding the travel and tourism sector. This document will also showcase the contract legislation
in relation to the travel and tourism for the customers and also the legislations which related wit
the equality.
TASK 1
1.1 Explaining legal and regulatory framework of travel and tourism sector
Working in a travel law consultant based in London, it is necessary for me to give certain
knowledge to travel and tourism students regarding the legal and regulatory framework in the
mentioned sector. However, the legislation and tourism industry are generally linked with
different ways as one can think for. Tourism industry generally includes suppliers, sellers,
contractors, hospitality and different others sections (Battour, Ismail and Battor, 2010). The role
of legislation comes into force when any of the stated factors interact with one another. For
instance, if the scenario of any hospitality firm restaurant is taken into consideration then it can
be said that hospitality venture has to follow various rules and regulations because various parties
comes into play in form of suppliers, employees, customers till the final product is given to the
customers. Further, the cycle also consist of different factors like in form of hospitality,
behaviour of the customers, quality standards for the products and services so rendered, etc.
These all factors are also governed by the different legislations and acts.

Some of the legal and regulatory framework within the travel and tourism sector has been
discussed down under:
 Legal framework:
Legal framework is considered as broader system which comprises different rules and
regulations which are governed and taken into consideration for the effective decision marking.
As the tourism sector has increased rapidly, different elements in this sector contributing their
best in increasing the nation goodwill and also the revenue and productivity for the nation
(Smith, E. and et.al., 2010). Further, the regulation of the tourism sector generally differ from
one nation to the other. There exist some national regulations and international one's which each
and every travel and tourism organisation has to follow.
 Development of tourism act, 1969:
This act states different rules and regulations for the tourism sector in UK. It also
establishes the British Tourist Authority and also the different tourists board for places like
Wales, Scotland and England.
 Law and tourism:
There exist different laws which the tourism industry has to follow specifically and the
relationship between the tourism and laws is positive. Any operation in the hospitality sector
requires proper following of different rules and regulations which is prepared by the state and
national bodies. All the nation have their own sector and these sectors have different rules and
regulations according to their sectors (Buhalis and Darcy, 2011).
Apart from it, there also exist diverse rules which generally affect and influence the
functioning of travel and tourism industry. Some of the major rules have been discussed down
under:
 Consumer protection: Here, government body generally protects the rights and interest of
customers from the unfair trading and practices which is often regulated by different
sections of the travel and tourism sector.
 Health and safety regulation: The core objective of this act stands on protecting the
customers from the risk which exist at business enterprise. Employer is generally liable if
any wrongful instance happens at the workplace.
 Licensing act, 2003: This act states that the hospitality firm can obtain the licence from
the government and sale alcohol in the hospitality premises. If any of the hospitality firm

is not available with the licence and they are selling the alcohol then it will be considered
as a offence.
Along with these points so stated, travel and tourism sector is also regulated with:
 HSE:
HSE is known as Health and safety executives at work which comes into force in the year
1974. It is one of the single piece of the legislation in UK for the employees regarding their
health and safety (Whitfield and Dioko, 2012). Further, this act also gives utmost protection to
the health and safety of employees.
 Health and safety commission:
This health and safety commission regulates the health and safety act, 1974 for British
people. This commission states that the employer and employee is in legal obligation and both
have responsibility for one another when they are at duty.
 SRA:
SRA is strategic Rail Authority which comes into play through Railway act, 1993 and the
main objective of this act is to divide BR. In this act, government has made certain amendment in
the year 2005 so that the rights and duties of the customers are protected.
 IATA:
IATA stands for International Air Transport Association which is commenced in the year
1945. IATA generally deals with the association of world airlines
 CAA:
Civil Aviation Authority generally deals with the protection of customers when people
travel with the help of air transport. CAA is a government agency and the protection is given to
the UK people (McCabe, Joldersma and Li, 2010).
 ABTA:
ABTA is Association of British Travel Agency which generally deals with travel agent
and operators. Further, the association also has specific control over their travel agents as well as
the operators. ABTA has its global presence whole around the world and organisation also works
with high standards.

1.2 Surface, sea and air transport law in relation with carriage of passengers within the legal and
regulatory framework
People usually travel from one place to another in relation to some business work or any
personal or family reason. Some goes in relation to office work and some for spending their
leisure time with the family members or loved ones. Carriage here defines the route or way
choose by the individual for covering the distance. It can be road, sea, air, rail, etc. According to
the Article 3 of Athens Convention, following will be considered as major liability of carrier:
 Liability to pay all types of loss which is occurred during the course of carriage and the
same is resulted because the carrier is neglected (Whittaker, 2010). Individual who is suffering from loss should clearly define the liability of carrier's.
Surface law:
The international carriage of passenger by Road Act, 1979 shows the surface law of any
nation. This law generally formulates and protect passengers who are on onboard by proper
permission of carrier. The prior remedy for claim in the present legislation may include the
physical and mental disorders. Sometimes loss of luggage is also a problem which is faced by te
passenger and the carriage owner will be responsible in order to pay the damages.
Sea law:
International Maritime Organisation has formed this law and it focuses on safeguarding
the safety and security of shipping. This sea law also regulate the environment factors which is
generally involved while prior functioning of ships. International convention for the Safety of
Life at Sea generally regulates and give functioning relating to the fire protecting measures,
major fighting skills for crew members and also the life saving equipment relating to the sea craft
which involves around 12 passengers (Gürtin, 2011).
Moreover, the passengers rights are also involved in it. Some of the regulations which is
applied to passengers who are travelling has been discussed down below:
 Cruise where the major point of embarkment is located in member state.
 Through the ferry services where the point of embankment is outside the nation of the
member state.
The European Regulations (EU) is not applied to the passenger who is travelling:
 A ship which is certified for carrying 12 passengers
 Crew member of the ship is responsible and perfectly liable as how ship is operated.

Air law:
Air transport generally includes various laws and regulations. These are usually made by
local as well as legislative body in order to have prior functioning. Some of them are: Warsaw Convention 1929: It is an international convention. With this convention,
passengers are protected when they use air transport. Person who is travelling from any
air transport can claim for any sort of damages incurred. Passengers are also required to
carry their ticket while travelling from one place to the another (Roy, 2011).
 Denied boarding compensation scheme: This board generally has duty to protect the
passengers and also focusing on raising the standard of passengers who uses the air
transport. This board also focuses on protecting the passengers if any of the flight is
delayed or has been cancelled for some reasons.
TASK 2
2.1 Evaluating the impacts of the principles of health, safety and security legislation on the travel
and tourism sector
Described case situation presents that, it is highly required for the travel agency to make
compliance with the health and safety legislation. Now, during the purchasing of travel packages
customers give high level of importance to the health and safety aspects. In this, Thomas Cook
can build or sustain distinct image in the mind of target market by making compliance with the
all the laws and legislation which are framed by UK government in relation to the health and
safety aspects (Cohen, 2014). Thus, by taking into consideration all the below mentioned laws
and legislation Thomas Cook can attract both existing and potential tourist (Foster, McCabe and
Dewhurst, 2010). Along with this, it is also the responsibility off the employer to make proper
safety arrangements for the personnel which prevents injury at workplace.
Vicarious Liability Act
According to this act, employer will be held vicariously liable for the undesirable act or
performance of their personnel. In the context of Thomas Cook, company is required to frame
and introduce strict policies for making control on undesirable performance aspect of the
employees (Cohen, 2013). In this, if any injury suffered by the guest or tourists due to illegal act
of the human resources then owner of Thomas Cook will be entitled to give compensation to the

injured party for the loss suffered by them. In this way, by restricting the illegal act company can
offer highly safe environment to the guests or tourists (Tribe, 2015).
Occupiers liability Act (1984)
This Act entails that business unit needs to make proper health and safety arrangements
for the guests by evaluating the level of hazards. Through this, Thomas Cook become able to
reduce the number of accidents to the large extent (Guttentag, 2015.). In this, company is liable
for giving compensation to the injured party due to its negligence. In contrast to this, if guests do
not comply with the safety aspect then there will be no compensation offered by the company.
Data protection Act (1998)
On the basis of this act, Thomas Cook needs to maintain database of their customers in
relation to their identity, stay information etc. for the period of 5 years. In addition to this,
company is also accountable for building and maintaining confidentiality in relation to the
personal information of the guests (Lee and Tsang, 2013). Further, it is also the liability of the
firm to take permission of the guests before giving information to other about them.
Health and Safety laws (1974)
As per this Act, Thomas Cook requires making safety arrangements for both guests and
employees. For this purpose, it is highly required for Thomas Cook to conduct training session
for the personnel. It develops ability of the personnel to deal with the electronic equipment more
effectively and efficiently. This in turn prevents accidents at workplace to the significant level.
2.2 Analyzing the legislation related to the equality
There are several laws and legislation which are introduced by UK government in
relation to the equality. Thus, Thomas Cook needs to consider all the following legislation while
making the recruitment and selection of personnel. Through this, company would become able to
attract the high talented personnel (Fenclova and Coles, 2011). Moreover, employees prefer to
work with the organization who treat them on the basis of equality. In this, Thomas Cook can
build competent workforce by practising the laws which are enumerated below:
Racial discrimination Act (1956)
On the basis of this Act, Thomas Cook should not discriminate people on the basis of
their race, religion, colour, nationality etc. If business unit found to do such kind of
discrimination then it will be liable for giving penalty (Harpur and James, 2014).
Sex Discrimination Act (1975)

This Act entails that Thomas Cook requires equal employment opportunity to both men
and women. Thus, they should place high level of emphasis on skills and abilities during the
recruitment rather than sex such as male, female etc (Camus, Hikkerova and Sahut, 2012). In this
way, it promotes high level of equality within the business organization by preventing the sex
discrimination.
Employment protection Act (1998)
As per this act, company needs to provide leave and other benefits to the human
resources. Aspects of such legislation entails that maternity leave should be offered by Thomas
Cook to both men and women. Moreover, it is the responsibility of both men and women to take
care of their child. In this way, such act offers high level of benefits to the human resources of
firm. In addition to this, employees of Thomas Cook also has right to demand for the pension
benefits (Stevenson, Rowbotham and Lowther, 2015). This in turn will provide high level of
protection to the personnel in relation to their near future. Further, employer also accountability
to develop and offer harmonious working environment to the employees (Crawford, 2016).
Moreover, employees can perform their act more effectively and efficiently only when they are
highly satisfied with the working environment and condition.
Human Rights Act (1988)
This act has been introduced by UK government in 1988 which offers high level of
protection to the employees. In accordance with such Act, human resources of the firm have right
to provide information to the management about the difficulties which are facing by them at
workplace. For instance: If personnel face difficulty in coping up the working environment then
they have right to give feedback about such aspects to their respective authority or higher
management. Further, human resources of the firm also has right to take action in against to the
undesirable act of management.
Disability discrimination Act
According to this, business organization cannot make discrimination on the basis of
disability. By considering such aspect, it can be said that Thomas Cook also needs to offer equal
opportunity to the personnel who are physically handicapped if they have ability to perform
organizational activities and functions. (Disability Discrimination Act, 2016). In this way, such
act offers several rights to the disabled person which offers high level of protection to them.

TASK 3
3.1 Contract legislation in relation to travel and tourism customers
Contract is defined as legal agreement between two or more parties in relation to goods
and services which is exchanged for the consideration which is generally enforced by the law.
Each and every travel organisation has binding contract with the customers setting the details of
payment and services. Some important points which can be derived from contract are stated
down under:
 Passenger as well as travel company should know that they are legally bounded with one
another.
 The travel company has assured right for claiming up the payment under the contract so
made (Crozier and Baylis, 2010).
 Travel company in UK is also required to communicate the legal terms and conditions of
the contract to the customers.
Further, every travel contract has certain terms and conditions which is attached with it.
This can be in form of place of destination, departure, arrival, duration as well as the cost of stay.
However, in order to the failure of set conditions, customers ave equal right to withdraw the
contract at anytime. Contract further comprises of different elements and some of them has been
discussed down under:
 Offer- Offer is made by the offeror and the same is accepted by the offeree. On
acceptance of the offer, party is said to be in the contract. It should further have presence
of both the parties and a legal and necessary condition to accept the offer. For instance,
staying in hotel.
 Acceptance: When the offer so made is accepted then it is considered as acceptance. In
the travel and tourism, when family head make certain decision with the travel agent
relating to the tour package, the decision of buying that tour package will considered as
acceptance.
 Consideration: There need to be legal consideration for a valid contract and this
consideration is necessary in order to complete the acceptance. For instance, in the
holiday contract, charges of holiday took by the travelling agent will be considered as
legal consideration (Hall, Gossling and Scott, 2015).

Travel and tourism sector includes different industries like aviation, hospitality, food and
beverages, etc. Organisation usually aims in making a loyal base of the customers so that they
will be able to enhance their revenue and productivity for long time period. In relation to the
above topic, a letter has been prepared for sending to travel assistant in order to explain the
different legislation relating to customers (Aradhya and Acharya, 2012).
To,
The Board of Directors of Travel Agent,
Date: 27th July 2016
Considering the case scenario which is given in the study, a customer who has taken tour
package from a travel assistant for Spain was not happy relating to the services which is been
offered at resort. He also claimed that he has been given false information provided by the
travel agent at the time of the booking. Working as a travel consultant, it would be a mere
suggestion that organisation as to follow different contract legislation for achieving the success
in competitive business environment.
Contract of supply of goods states that customer can expect a reasonable price of goods and
services and it need to be provided to customers with prior care and certain skills. When a
certain contract is made in relation with accommodation, the hotel room should be of decent
condition and should possess decent condition and also follow certain rules for cleanliness
standard.
Holiday contract is also given by travel agent which includes all the inclusive amount from fair
charges, accommodation to sight seeing. However, travel agent is generally responsible to give
clear price of the product and services and that should be properly included in te tour packages.
I hope you people will now consider the expectations of customers in travel and tourism sector
and will focus on giving them best of the services in coming time period.
Your faithfully
James Thomas
(Travel consultant)
3.2 Stating consumer protection legislation in relation to travel and tourism customers
The consumer protection legislation emphasise on protecting the rights as well as interest
of the customers from being affected from business ventures and travel agents. The trade

description act 1968 restricts on false prices of goods and services, accommodation and other
services. It generally sets various responsibilities on Trading standard officers and they have to
check many a things. Some of them are as following:
 Application of false trade description
 Supply relating to which the false trade description is been implied on
 Putting false statements relating to the provision of services, facilities as well as the
accommodation
Consumer protection act, 1987 also focuses on protecting the interest of the customers.
Managers of business ventures are liable to give best quality of products to customers. When the
customers buy any product then they have all the equal right to know each and every quality of
the product. Moreover, the product need to be of hygiene quality as well so that best of the
benefit can be derived to customers and they become loyal customer base for the business
enterprise. Moreover, manager is also liable to put essential information relating to the
ingredients, price, manufacturing and expiry date, etc.
TASK 4
4.1 Analysing ethical dilemmas faced by travel and tourism sector which is published in Travel
and Tourism Magazines
Ethical dilemmas sometimes presents situations where ventures have to select one best
alternative from different solutions. In the scenario, one option shows negative impact whereas
other focuses on giving huge amount of benefit. Further, there exist various situations where
travel and tourism sector faces problem in order to implement the best plan due to the ethical
dilemma. In the current time period, business organisation focuses on giving best of the services
to the customers so that they become loyal customer base for the enterprise (Zywicki, 2013).
Apart from it, it is also necessary to give customers best product at an affordable price so that
more of the customers get attracted towards the firm. With it, firm will also gain competitive
advantage over the rival competitors who are working in the same industry.
Further, the travel and tourism sector is generally very much complex and one has to
understand different elements and the role and functioning of them. Different types of sectors
like hospitality, management, employment, logistics are dependent of various factors and they
are inseparable (Schwarcz, 2013). Moreover, there exist different situations which global hotels