Legislation and Ethics in Travel and Tourism Sector: A UK Focus

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LEGISLATION AND ETHICS IN TRAVEL AND TOURISM
SECTOR
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Table of Contents
Introduction......................................................................................................................................3
Task 1...............................................................................................................................................4
1.1 – Explain the legal and regulatory framework of the travel and tourism sector with reference
to England and Wales......................................................................................................................4
1.2 – Discuss surface, sea and air transport law in relation to the carriage of passengers within
the legal and regulatory framework of United Kingdom.................................................................6
Leaflet 1:..........................................................................................................................................8
Task 2...............................................................................................................................................9
2.1 Evaluate the impacts of the principles of health, safety and security legislation on the travel
and tourism sector with reference to a UK tour operator and travel agency...................................9
2.2 Analyse legislation that relates to equality with reference to a UK tour operator and travel
agency............................................................................................................................................10
Task 3.............................................................................................................................................12
3.1 Explain contract legislation in relation to travel and tourism customers.................................12
3.2 Explain consumer protection legislation in relation to travel and tourism customers.............14
Leaflet 2:........................................................................................................................................16
Task 4.............................................................................................................................................17
4.1 Analyze ethical dilemmas faced by the travel and tourism sector...........................................17
4.2 Analyze the Corporate Social Responsibility (CSR) policy of a specified travel and tourism
business..........................................................................................................................................18
Conclusion.....................................................................................................................................20
References......................................................................................................................................21
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Introduction
Industries functioning all across the globe require a regulatory framework. A mixture of general
and specific laws helps govern the operations within these industries helping in gaining an
ethical ground for the business. Aiming to gain an understanding of moral and ethical issues in
relation to legal frameworks involved in tourism sector is to be highlighted further in the report,
with relation to Expat Explore as the chosen organization. Functioning as a tour operator in UK,
the foundation of Expat Explore can be traced back to 2005. Travel and tourism sector have
shown a considerable growth in the last few decades making it a focus of the present assignment
to understand the legal structures applied in this field.
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Task 1
(Refer to Leaflet2)
1.1 – Explain the legal and regulatory framework of the travel and tourism sector with
reference to England and Wales
Maintenance of tourism industry largely depends on the Association of British Travel Agents or
ABTA. Stating the legal framework for tourism in United Kingdom, this association guides the
industry to maintain ethical limits while conducting all operations related to the business. The
association works with the consumers in order to help them experience a comfortable stay in the
nation free from unwanted legal issues. Starting from booking the tickets to insurance and
communication after departure, the association takes responsibility of all the areas involved in
the process. ABTA in turn executes its relations with other legal associations in order to gain
better reach and control over the legal responsibilities on the part of the businesses operating in
the lands of UK.
Strategic Rail Authority (SRA) can be stated as a public non-departmental association that
helps in legal regulation within the railway industry of UK with reference to the laws under
Railways and Transport Safety Act 2003 (Van der Lugt, 2015).
Air Travel Operators Licensing (ATOL) This association aims to maintain the legal
procedures governing air transport for UK, taking the act of 2000 under consideration (Jenab and
Pineau, 2018).
Civil Aviation Authority (CAA) can be stated as another association aiming to maintain the
legal rights of the customers choosing Britain’s aviation services within the nation (Cunliffe et
al., 2017).
International Air Transport Association (IATA) is an association in UK maintaining critical
issues related to the tourism industry for international aviation. Trade relations with the
neighboring nations also fall under the areas of this association (Forsythe et al., 2016).
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Health and Safety Commission (HSC) aims at maintaining health and safety provisions for the
consumers as well as the employees working in the tourism sector. Providing proper conditions
at work for the employees in relation to the act of health and safety at work of the year 1974, can
also be stated as a concern for this association to maintain (Almond and Esbester, 2016).
Health and Safety Executive (HSE) is an association managed by a senior team of management
ensuring safe and healthy working conditions for the employees (Carroll et al., 2018).
Maritime Authorities can be stated as an association working with an aim to ensure a safe
experience for the travelers opting a journey through water. Providing protection to the staffs and
tourists opting sea transport facility falls under the responsibilities of this association (Riveiro et
al., 2018).
In order to gain a deeper insight in this context, the processes followed under the legal
framework of UK needs to be understood. This can be done with the following examples.
Civil law in the nation of UK suggests equal rights for all in association with the tourism
industry. Compensation in various cases such as a breach of contracts within the customers or the
tour operators can be listed can be claimed in favor of the affected party in the process (Watkin,
2017).
Criminal law governs more critical issues as compared to the civil laws in relation to UK
tourism sector, helping in maintaining peace within the customers and operators related to the
industry. In case of any misconduct within the parties, heavy compensation and legal actions are
incorporated in favor of the affected party (Kadish et al., 2016).
The judgment in these cases are served with the help of the legal structures such as the court of
appeal or magistrate courts wherein, the parties involved are addressed and an acceptable
decision is reached. Country courts can be added in the list that is associated with the cases
linked to lands, while crown courts can be listed as specialized courts providing judgments for
the criminal suits.
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1.2 – Discuss surface, sea and air transport law in relation to the carriage of passengers
within the legal and regulatory framework of United Kingdom.
Laws related to carriage of passengers may vary depending on the modes of transport in surface,
air and sea. These can be understood with a detailed insight in this context, providing a clear
picture of the same.
Carriage of passengers by road Act 1974 can be stated as an international act related to the
laws regarding death or injury of passengers travelling by road. Also, any damage or loss caused
to the luggage of the passengers can also be counted within this act (Gibson, 2018). This directs
the operators to maintain proper conditions for a comfortable and safe travel for the customers
and their luggage, ensuring equal rights for all.
The act of 1998 UK can also be listed in case of travel through sea and inland waterways for the
tourists and travelers in the nation of UK. Assurance of the health and safety of travelers along
with their luggage is a concern for the carriers under this act in a vessel travelling through the
waterways in UK (Van Oers, 2016). Any harm to the passengers both mental or physical can be
a case demanding justice. Also, a loss or damage to the luggage of the passengers can also be
added in the list of concern.
Warsaw Convention 1929 is an international convention regulating the laws related to carriage
of passengers via air in case of loss to luggage, goods or personal loss such as death or injury due
to a fault on the part of the air transport company (Hong, 2018).
Hague Protocol 1955 was added to the Warsaw convention in relation to carriage of passenger
through air in order to update the convention, limiting the liabilities on the service providers for
loss caused in an event of accident.
Tokyo convention 1963 was added a list of other acts providing protection to people onboard. In
case of any offenses while in air, this convention can be applied (Sopilko and Shevchuk, 2016).
Montreal Protocol 1975 is linked with the possible depletion in the ozone layer. Acting as an
international treaty, this protocol covers as protection from substances harming the ozone layer
(Polvani et al., 2016).
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Denied Boarding Regulation 1997 can apply in favor of the passengers departing from or
coming to an airport within EU. Stranded in the airport and finally denied boarding due to
delays and cancellations of flights can be claimed in terms of compensation from the service
providers (Adediran, 2016).
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Legal and regulatory framework of
the travel and tourism in UK
Maritime Authorities
Health and Safety Executive (HSE)
Health and Safety Commission (HSC)
International Air Transport Association
(IATA)
Civil Aviation Authority (CAA)
Air Travel Operators Licensing (ATOL)
Strategic Rail Authority (SRA)
Surface, sea and air transport law
in relation to the carriage of
passengers within the legal and
regulatory framework of United
Kingdom
Carriage of passengers by road Act
1974
The act of 1998 UK
Warsaw Convention 1929
Hague Protocol 1955
Tokyo convention 1963
Montreal Protocol 1975
Denied Boarding Regulation 1997
Processes followed
under the legal
framework of UK
Civil law
Criminal law
Country courts
Crown courts
Magistrate courts
Legal and regulatory framework in the travel and tourism
sector
Leaflet 1:
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Task 2
2.1 Evaluate the impacts of the principles of health, safety and security legislation on the
travel and tourism sector with reference to a UK tour operator and travel agency
Agencies and organizations operating under the industry of travel and tourism can be seen to
have established a direct relation with the impacts of security and safety legislations. Considering
the act of 1974 in relation to health and safety of individuals in association with the operators
providing services in this area can be understood with a detailed discussion on the same. The act
of health and safety works with an aim to provide suitable working conditions for the employees
serving the organizations (Sirrs, 2015). Also, people choosing services from these organizations
are taken under consideration in this context wherein the organizations are liable for any harm
caused to passengers or their luggages.
Occupiers’ liability act of 1984 can also be listed in this category stating the settlement of issues
related to unlawful occupancy by trespassers. This can be extended in both the cases of the
visitors as well as the service operators. Apart from this, the Data protection act of 1998 can also
be brought under consideration in relation to unlawful data access. It aims to protect stored data
on devices or filed papers in case of both parties associated with travel and tourism being the
visitors as well as the service providers. This act also prohibits the usage of unlawfully accessed
data or omission of data without permission (Wood, 2018). Apart from this, concealing
important information with an intention of causing a loss to the other party can also be
considered Vicarious liability can also be listed in this scenario stating the responsibility of an
action on the third party. This may be explained with an example of the employee and employer
relationship, wherein, a wrong action of an employee can be stated as a responsibility on the part
of the employer. This power of responsibility resides due to an ability of the third party, as the
employer in this case on any wrong doing of the first party being the employee (Handford and
McGivern, 2015)
This has enabled people visiting UK along with the travellers within the nation to experience a
safe secure and hassle free journey with comfort. Taking Expat Explore into consideration as the
chosen organization offering services of tour operator in UK in this context can help in gaining
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an insight related to an example. The legislations have impacted a great deal on the travel and
tourism sector wherein, the staff are expected to be briefed regarding the various directions laid
under the acts described above. A case of fire breakout for instance can be obstructed by
providing a detailed training to the staffs and employees. This can help people avail a safe
journey without the fear of any mishaps creating a loss to life or luggage. Planning thorough
discussions followed by training sessions for helping the employees learn various methods and
techniques to operate technical and mechanical devices can be considered. Staffs can also be
briefed regarding various issues and examples teaching handling techniques of both appliances
and assistance of the same to the customers operating the services offered.
Expat Explore can also provide training to the staffs and employees in relation to the other
discussed acts and legislations above. Serving as directions for the operator, these acts can be
applied making the employers accustomed to the norms and requirements of the acts in relation
to the ethical grounds of the business.
2.2 Analyse legislation that relates to equality with reference to a UK tour operator and
travel agency.
The importance of equality in tourism industry is another context that needs focus and
understanding in order to gain an ethical ground for businesses like Expat Explore to function.
These can be stated with a detailed discussion of the various acts connected to the given context.
Sex discrimination act 1975 can be taken under consideration in this context wherein, any
discrimination on the grounds of sex or gender can involve serious actions. Education, training
and employment along with harassment can be considered (Cotter, 2016). The act can be applied
in case of both men and women along with transgender.
Racial discrimination 1976 can be considered as another act that can be taken under
consideration in the context of equality, providing equal rights to people belonging to any race.
This act prohibits any wrong doing on the grounds of race discrimination, making it an effective
law for all in UK including organizations such as Expat Explore serving in tourism industry
(Hudson et al., 2016).
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Employment protection act 1978 covers the employers providing services to the customers of
the tourism industry on behalf of the organizations such as Expat Explore operating in the
industry. Equal rights for laborers employed in the industry along with equality in payment,
specifying minimum wage for the labors and employment contracts demanding proper notice for
dismissal are some of the criteria undertaken by this act (Peffer et al., 2015).
Disability discrimination act 1995 is applied in context of disabled people taking care of
employment opportunities, education, transport, goods, services, etc (Fredman, 2017)
Employment act 2002 contains rules regarding to areas like pay and leaves related to maternity,
paternity or adoption (Countouris, 2016)
Human rights act 1998 can be stated as an act covering all fundamental rights in relation to UK,
stating the basic freedom to all (Kavanagh, 2015)
Operating in the grounds of UK as a tour operator, Expat Explore needs to focus on equality in
consideration with the acts and legislations listed above. An understanding and application of all
the levels and directions set by these acts and laws can help an organization such as Expat
Explore to function in peace and harmony with keeping an ethical balance in its functions, which
in turn will allow the organization to expect the same from their customers.
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Task 3
(Refer to Leaflet2)
3.1 Explain contract legislation in relation to travel and tourism customers
It is necessary to maintain the ethics within the travel and tourism sector in order to raise
awareness of the benefits that are catered to the customers. The responsibility of holidays making
and treating the visitors with respect must be the foremost concern within the sector. Below are
accentuated certain contract legislations in relation to travel and tourism sector.
Contract Law
Provision of services
Travel agencies are responsible for providing services of transportation, lodging and
entertainment activity services for the customers. They also arrange for group trips, pre-planned
trips, offers on destination visits and make travel arrangement for customers. However, purpose
of Expat Explore Travel is to provide easy and convenient tours to 56 countries around the
world. As per the customer reviews for Expat Explore Travel has been found to be positive. It
has been one of the best leading tour travel agency dealing with expert-led coach tours Europe
and UK past 12 years (Expatexplore.com, 2019).
In case of Expat Explore Travel, it has sold a tour package to a customer to Spain and the
customer after coming back was not satisfied with the kind of services they got. The customer
questioned them about the accuracy of information at the time of booking.
Valid contracts
There are certain general terms and conditions for valid contracts at the time of selling tour
packages to customers. This can act as the booking confirmation for the customer and this can
also be useful for avoiding unnecessary hassle for them. Below are accentuated some of the key
content of sale contract for tourist packages.
● Legislative sources
● Authorisation
● Notion of tourist package
● Bookings
● Payments
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