Detailed Report: Legislation and Regulations in Travel & Tourism

This report provides a detailed analysis of the legal and regulatory framework governing the travel and tourism industry, with a specific focus on the UK context and the company Thomas Cook. It identifies key legislation, including the Development of Tourism Act 1969, transport acts, and package travel regulations, and examines their implications. The report evaluates the impact of health, safety, and security laws, as well as equality legislation, on the industry. It further explores contract and consumer protection legislation relevant to travel and tourism customers. Additionally, the report analyzes ethical dilemmas faced by the sector and the Corporate Social Responsibility (CSR) policy of Thomas Cook. The report covers various legislations related to carriage of passengers by air, sea and road. It also provides an overview of relevant regulatory bodies and their roles, offering a comprehensive understanding of the legal environment in which travel and tourism companies operate. The report emphasizes the importance of compliance with these regulations for ensuring sustainable business practices and protecting consumer rights.

Letts

Table of Contents
LO 1.................................................................................................................................................3
1.1 Identifying the key legislation as well as regulatory framework of the travel and tourism
industry........................................................................................................................................3
1.2 Sea and transportation legislation in context of carriage of passengers with legal as well as
regulatory framework. ................................................................................................................5
LO 2.................................................................................................................................................7
2.1 Evaluating the effect of Principal of health , safety band security law on travel industry...7
2.2 Analysing the legislation related to Equality .......................................................................8
LO 3...............................................................................................................................................10
3.1 Contract legislation in context of travel and tourism customers.........................................10
3.2 Explain consumer protection legislation in relation to travel and tourism customers........12
TASK 4..........................................................................................................................................14
4.1 Analyse ethical dilemmas faced by the travel and tourism sector......................................14
4.2 Analyse the Corporate Social Responsibility (CSR) policy of a Thomas Cook.................15
CONCLUSION .............................................................................................................................17
REFERENCES..............................................................................................................................18

INTRODUCTION
The government in United Kingdom has always recognised the significance of tourism to
the economy. Therefore, government has introduced new norms as well as policies for
supporting the travel and tourism companies. There are few laws such as development of
tourism act 1969, purpose of this norm is coordinates all the firms which makes tourism sector.
Legislation is basically code of conducts or regulation which are enforced by government in the
nation. In context of Tourism, legislation generally lays out the framework which govern as well
as regulates the different business activities of travel organisation. The main aim of
implementing the legislation is to support travel companies in resolving their business issues. In
addition to this, by enforcing law government intends to prevent travel companies from unfair
competition from other industries. Different types of laws such as employees, contract law etc.
are enforced by government in order to ensure smooth functioning of travel companies.
The report have focus on identifying the regulatory framework of tour and travel
companies in context of Thomas Cook. It is British multinational company. Study also
emphasizes on evaluating the effect of principle of health and safety law on tourism industry.
The key legislations related to equality will be highlighted in the assignment.
LO 1
1.1 Identifying the key legislation as well as regulatory framework of the travel and tourism
industry
The laws as well as tourism sector are directly linked with each other. Tourism law is the
regulations which regulates the business operations of travel and tourism companies. The main
aim of creating the laws is to provide regulatory framework for proper development as well as
management of tourism activities. It is very much important for management in Thomas cook to
develop the understanding about the norms related to the industry as it will assist them in
maintaining the long term sustainability of business(Wang, Fan and Law, 2018). Complying
with the legislation is also crucial in context of smooth running of business. In context of
English legal system, there is no legal as well as regulatory framework but there are ABTA
code of conduct which aims at dealing with the different issues related to tourism such as
booking, Communication, insurance etc. It is very much essential for management in Thomas
Cook to implement all the procedure carefully so as to protect the right of consumers.

There are number of associations which provides especial guidelines for travel and
tourism companies these agencies are HSC, ATOL, IATA, STAS and HSE etc. Legal frame
work can be referred to as system of rules that governs the decision making in context of travel
and tourism sector. In context of laws in UK, the different legislation which are to be followed
by Thomas cook are :
Development of tourism act 1969:It is implemented by British authority. Development of
tourism act 1969 mainly concentrate on coordination of all those firms who are involved in the
travel as well as tourism business.
Transports act 1980 and 1985 : It is the act which is implemented in 1980. Transport act has
terminated the licensing legislations which effect the coach routes. The termination of licensing
legislations further has given to the stiff competitions between national bus as well as private
bus organisations. The transportation act 1985 ha permitted private buses to operate at all
routes.
Package travels, holidays and Tour regulation 1992: It is the legislation which defines the
responsibility of travel as well as tourism companies towards customers. It also highlights the
remedies available with consumers. It is required by the Thomas cook to comply with package
holiday and tour regulation, as this tactic will support them in eliminating the legal issues.
The main purpose of implementing the laws for the tourism industry is to set standard
procedures, to develop the tourism in regulated manner and to establish rights as well as
obligations for people and organisations (Pappas, 2019.).
The regulations which effect the tourism legislations of countries are :
Heath and safety commission : This authority is mainly responsible for making the
amendments or updation in legislation as well as code of conducts related to health and safety.
International Air transport association : It is the authority whose role is to formulate
policies as well as set standards for travel and Tourism companies in the nations.
Strategic rail authority:This enactment divided the railway sector into two namely Rail Track
and Rolling Stock Companies
Civil aviation authority : It is the legal authority who is mainly responsible for making the
updation in the laws related to aviation safety as well as usage of airspace.
Carriage by Air and Road act 1979: In context of Uk law, carrier is basically everyone
engaged in the carrying passenger either by road or air. According to the Carriage by Air and

Road act 1979, carriage is mainly liable for the damages or injuries suffered by passengers. In
context of international carriage by Sea, carriage is also responsible for damage caused to
passenger during the time of Sea travelling(Nurse,Edwards and Dookie, 2018).
Carriage by railway act : This is the legislation which is mainly concerned with international
carriage. It includes passenger with registered luggage. If in some case , losses or damage
suffered by passenger, then in such situation , according to law railway authority is obliges to
make payment or compensation for losses.
1.2 Sea and transportation legislation in context of carriage of passengers with legal as well as
regulatory framework.
According to the Athens conventions, Carrier can be referred to as an individual who is
engaged in a contact of carriage with a carrier. As per the law, passenger are those people those
who are carried by the carrier. According to the Athens conventions, Section 3 the
responsibilities of carrier are as follows:
Carrier has liability to pay for the losses suffered by passenger due to negligence. In
addition to this, an individual or specific passenger suffering from the loss can establish the
liability of carrier. The different transportation legislations related to the carriage of passengers
within legal as well as regulatory framework are :
Surface law: In context of English legal system, The international carriage of passenger act
1979, governs the surface legislation in the nation. Main objective of surface law is to protect
the passengers on board. The surface law act provide the remedies to those passengers who have
physical or mental disorder and travelling on carrier. In addition to this, carriage of railway act,
1972 provides remedies to those passengers who have suffered a loss of luggages. The main aim
of carriage of railway act 1972 is to protect the interest of disabled person travelling abroad. In
addition to this, main purpose of privatisation of the railways is to make significant contribution
in development. Railway act also concentrates on integration of transportation of goods as well
as passengers. According to the surface law, Thomas cook is required to pay compensation to
the passengers who have suffered damages, as if in case firm fails to comply with this legislation

than it might have to face legal obligations as well as issue which can further have effect on its
business performance(Nolden and Sorrell, 2016).
Sea law: It is the legislation which is implemented by the government in UK considering the
safety as well as security of shipping. Sea legislation related to travel and Tourism mainly
regulates the environmental factors involved in the functioning of Ships. In context of legal
system in UK, Global convention for safety of life at sea regularise the functioning of fire safety
measures. In addition to this, it also regulates the life saving equipments to a sea craft as well as
fighting skills of crew members to a sea craft carrying minimum twelve passengers. In context
of UK legal system, Athens convention 1974, governs the losses suffered by passengers while
travelling abroad through ship(Stone and Devenney, 2017). It is the act which also defines the
responsibility of carrier towards passengers those who have suffered losses or damages.
According to the protocol of 23002, it is very much important for travelling companies to get the
insurance of especially those passengers who are travelling through ship. In context of Thomas
cook, it is required by organisation to comply with sea law, as it will assist firm in eliminating
legal obligations (Nurse, Edwards. and Dookie, 2018).
Air law: There are different norms' transportation legislations in UK which are required to be
followed by Thomas cook. Some transportation law are :
Warsaw convention act 1929, defines the code of conducts related to the documents of
carriage. It also highlights the rights of passengers related to making the claim of compensation.
According to the Warsaw convention act 1929, can make claim for compensation in case of
personal injury. As per Warsaw convention act 1929, It is required by Thomas cook to check
luggage before starting of the journey. In addition to this, other transportation legislation is Five
freedom agreement which regulates the flying of aircraft across its territory without landing. It
also regulates the different activities of aircraft such as landing for the non-traffic purpose,
putting down passengers, mail or cargo etc. The main purpose of Five freedom agreement is to
ensure harmonious operations of carriers. In addition to there is also one more scheme that is
denied boarding scheme 1997, the aim of this scheme is to increase the level of standards for
protection of passengers(Hughes, Champion and Murdoch, 2015).

LO 2
2.1 Evaluating the effect of Principal of health , safety band security law on travel industry
The main purpose of law is to regulate the business operations of travel and tourism
companies by introducing the specific criterion of practices. The legislations also defines the
roles as well as responsibilities of those who are enraged in the tour and travel business.
According the norms, related to the travel and tourism sector, both workers and employers have
crucial role to play in maintaining the health as well as safety of Company. In context of Thomas
cook, it is required by both employer as well as employees to make their significant contribution
in maintenance of safety at workplace (Cooper, Gartner. and Scott, 2018. ). As per this norm,
Employees in Thomas cook needs to provide safety training as well as instruction to workers. In
addition to this, according to the health and safety regulation, management in Thomas cook
should conduct risk assessment at regular interval of time, as it will assist them in eliminating the
accidents. Main purpose of heath and safety law is to ensure healthy and safe working
environment. According to the health and safety norm in UK, it is the duty a swell as
responsibility of employer to ensure safety of employees (Giliker, 2018). In context of Tourism
industry, the government by implementing the health and safety law intends to provide
passengers with safe accommodations as well as other facilities by defining the duties and
liabilities of travel companies or destination authorities.
The health and safety at workplace act 1974, establishes the regulations. Health and
safety legislation makes compulsory for employers to perform their duties towards workers a
swell as towards public. It is the health and safety commission which timely reviews the
legislation and executes investigation. There are there options which are generally executed by
the health commission when they feel that law implemented is not functioning properly, these
tactics are :
Guidance: In case if the laws implemented is not functioning properly then in such situation
Health and safety commission can obtain guidance in order to generate awareness about law
among people and to encourage public for complying with the norms. In addition to this, Heath
and safety commission can seek technical guidance In context of provisions related to the laws.
Approved code of practice: These are codes which provides structure for practically comply
with legislations. Approved code of practice are applicable to hazardous material as well as
working practices. In context of Thomas cook , If in case the employers fails to comply with the

legislation then in such situation they might have to bear legal obligation for breaching the health
and safety legislation. The duties of the employer are : To ensure proper lighting , to develop
First aid provision etc. Approved code of practice also defines the duties of workers in context of
maintaining the safe environment at workplace. Some duties of workers are to prevent accidents,
report potential hazard and to attend training sessions(Cartwright, 2016).
Regulations: according to health and safety law, it is the duty as well as liability of employer to
protect the heath as well as safety interest of workers. As per the health and safety norms,
company employees more than five workers then in such situation then in such case they are
required to issue written code especially for heath and safety. As Thomas cook consists of
approx. 21788 employees, It is very much important for organisation to follow these code of
conducts (Button and Stiernstedt, 2018).
Inductions : As per the regulation , management in Thomas cook need to provide all important
business information to new workers.
Ongoing: The existing workers are required to provide with an appropriate training related to the
handling of equipments and use of technology(Gaskell, 2017).
Notices: Special instructions are required to be given to the workers for their health and safety.
Thomas cook needs to give special instruction to their workers.
Demonstration : Shows the importance of the product to the workers and implement it in their
routine at workplace. Thomas cook provides the importance of the product and also said that it
enhances the efficiency of the workers.
Handbook: The Thomas cook are required to provide manual information to their workers so
they consider this information all time when they work.
Advice: Thomas cook give advices to the employees related to the use and future arising
problems of the equipment’s (Baum, 2019.).
Representative: Thomas cook always here to represent to their workers and help them to pull out
to the any situation.
2.2 Analysing the legislation related to Equality
Equality means that treat equally to everyone. In tourism industry, the tourism provider treats
equal to everyone irrespective of gender, age, disability and race and making access to their
goods and services(Habibi and et.al., 2018).
Equal pay act, 1963:-

It is a United States labour law, aimed to abolishing wage disparity on the bases of sex. In
passing bill, congress states sex discrimination is depressed the living standards and wages
necessary for their health and efficiency. It impacts positively for woman that arises the salary of
the women as compare to men (Abeyratne, 2018. ). The Thomas cook is also implemented the
concept of equal pay. Under this act, Thomas cook is employed women employees in their
organisation at higher level.
Sex discrimination act, 1975:-
It is an act of parliament of UK which protects the rights of men and women from
discrimination related to sex and marital status. It is concerned about training, employment,
education, provision of goods and services and harassment(Ashley and et.al., 2015). Thomas
cook is followed this act in their organisation and implement it by do not consider sex and
marital status at the time of hiring they only judge the knowledge and skills of the employee.
Race relations act, 1976:-
It was also established by UK parliament that prevent discrimination of ground of race,
nationality, colour, ethic, education, public function and national origin in the field of
employment. In present, this act is repealed by equality act, 2010 that is consolidates all the
previous laws related to discrimination. This act is also established commission for racial
equality. Thomas cook is also implemented race relations act in their organisation and treat
equally to everyone in the organisation. They do not judge employees on the bases of their race,
colour and nationality(Zhai and et.al., 2017). Thomas cook organizes the programmes against to
judge people according to race and colour and provide the message to fight against on those
people who believe in the race and colour and differentiate people (Econie and Dougherty,
2019.).
Disability discrimination act, 1995:-
It places the duties on service provides and employers to make reasonable adjustment for
those people who have any disability to overcome their barriers that they face in the employment
and in using goods and services. Thomas cook is implemented disability discriminate act as well.
They provide equal right to all employees who have any disability and not have any and also
provides equal opportunities to promote at higher level.

Thomas cook is followed all the legislations of the equality act and protect workers right within
the organisation and takes initiative for the employees against their right(Ridley-Duff, 2018).
This act provides competitive advantages to the Thomas cook because that enhance the
satisfaction level of the employee that increase the productivity of the organisation and provide
growth to the company and enhance the capability of the Thomas cook that helps to come
forwards from their competitors (Hodgkinson and Johnston, 2018. ).
Equality act 2010 : It is the act in UK which protects people from being discriminated at
workplace. It replaced previous anti-discrimination laws with a single Act, making the law easier
to understand and strengthening protection in some situations. Equality act states that no
individual should be discriminated in any of the terms such as age, caste, gender, religion etc.
For instance, if is any person is discriminated by his employer on the basis of age or gender then
person feeling discriminated can file law suit against employer under equality act 2010.
LO 3
3.1 Contract legislation in context of travel and tourism customers
Contract means a legal binding
promise that is made between
two or more parties in order to
fulfil the obligation that is
exchange for something of
value (Kim, Uysal and Sirgy,
2019). Contract can be oral,
written as well as combination
of both. Every travel and
tourism company are binding
to contract with their
customers and the contract
may be setting up all the
details related to goods and
services as well as payment.
For example, Thomas cook is
signed the contact of staying at
hotel to their customers that
helps to prevent their services
against the customers
Acceptance:- When the
customer is ready to accept the
offer that the offer is made by
offerer on legal document. For
example, Thomas cook, in
their holiday contract it would
purchase after the discussion
with travel agent that helps to
prevent all the terms and
Certainty:- the term and
conditions, rules are cleared
and common for both the
parties' offerer and offeree
when the contract is valid
unless not mandatory. For
example, any
miscommunication re
regarding staying in hotel
(Wang and et.al., 2019).
Thomas cook is made contract
for hotel rooms and
accommodations much be
consider the decent condition
of the room by cleanliness

Every contract of travel and
tourism company have certain
terms and conditions of the
contract that is attached with
the contract. This terms and
conditions are related to place
of destination, departure,
arrival, cost of stay and
duration etc. In case of failure
to any condition, the customers
can withdraw the contract.
There are some standards
elements that coverin the
contract.
Offer:- It is a statement that
mention the offer is ready for
acceptance by the offeree. It is
made by offerer and service
provider. It has need to
presence of two parties and
conditions to accept the offer.
demands(D'Amore, 2019).
conditions of the contract.
Consideration:- Every contract
is valid after a certain amount
of consideration. The
consideration is to be required
to complete the acceptance.
Without consideration, the
contact is just an agreement it
is not a valid contact. For
example, in Thomas cook,
under holiday contract, the
charges of holiday would be
regarded by travel agent as
consideration(Leka and et.al.,
2016).
Capacity:- it means the
capability of the person to
enter in legal contract. The
capacity means majority of
age, intent free of any duress
and soundness of min etc. In
Thomas cook, there is a legal
requirement that a person
should be at least 18 year of
standards and health & safety
laws. In the holiday contract of
Thomas cook have certain
conditions such as agreement
between customer and agent,
personal preferences of
customer and consumer
regulations etc. And some
more conditions that is
followed by both the parties.
These are their name, place of
stay, destination, amount of
consideration and express
terms and conditions etc. The
contract act helps to prevent
the right of the both the offerer
and offeree because
miscommunication is common
thing that is arisen between the
parties so the contract helps to
prevent critical situation that
arises between the parties. It is
a mandatory provisions for
travel and tourism
company(Wang and et.al.,
2019).

age under holiday contract.
3.2 Explain consumer protection legislation in relation to travel and tourism customers
The consumer protection
legislation main aim is to
protect the rights and interest
of the consumer from getting
violated by the travel agents or
by the hands of any business
organization. Further, this law
is also designed to prevent the
business that are engaged in
fraud or some specific unfair
practice from gaining an
advantages over a rival. For
example, government also
require a business to disclose
the detailed information about
many products particularly in
those areas where safety or
public health is main issue
such as food. Thus, in UK,
there are many consumer
protection legislation that
Then only the defendants can
also claim that it was an
accident and at that time the
penalties and compensation for
each and every offense are
£2000 or it may be unlimited
firm with a prison sentence as
well.
Consumer Protection Act,
2010: it lays down the rights
of the consumer and some duty
that a party is providing. This
legislation prohibits the
misleading price indications
to the customers and it also
includes the misleading to the
price of all goods, services and
accommodations. There are
many ways through which the
organization mislead the
customers such that they sell
Uberrimae Fidei: it is the
Latin Phrase whose meaning
of utmost good faith. This is
mainly used during an
insurance contracts and it
states that all the parties within
an insurance contract should
be act in a good faith (Tham
and et.al., 2019). This is so
because the parties
involvement will make a full
declaration of all material facts
which are prescribed In an
insurance proposal. It has been
analyzed that dealing In good
faith is also used in other
contracts as well. In the same
way, if organization such as
tour operators also uses good
faith which mean that they are
providing all the information