Analysis of Legal and Ethical Frameworks in the UK Travel Industry

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Legislation and Ethics in Travel and Tourism
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TABLE OF CONTENTS
Introduction......................................................................................................................................3
Main Body.......................................................................................................................................4
Task 1- Leaflet.................................................................................................................................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.............................................................5
Task 2- Management Report...........................................................................................................7
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.....................7
2.2 Analyse legislation that relates to equality with reference to a UK tour operator and travel
agency..........................................................................................................................................8
Task 3- Leaflets.............................................................................................................................11
3.1 Explain contract legislation in relation to travel and tourism customers.............................11
3.2 Explain consumer protection legislation in relation to travel and tourism customers.........11
Task 4- Management Report.........................................................................................................13
4.1 Analyse ethical dilemmas faced by the travel and tourism sector.......................................13
4.2 Analyse the Corporate Social Responsibility (CSR) policy of a specified travel and tourism
business......................................................................................................................................14
Conclusion.....................................................................................................................................15
References......................................................................................................................................17
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Introduction
In order to maintain ethics and integrity within the UK travel and tourism, the government has
engaged in framing range of legislation and regulations that are covering areas associated with
consumer protection and employment protection, health and safety as well as avoiding disability
discrimination (Vargas-Sánchez and Moutinho, 2018). Thus, it has been assessed that the
tourism industry functions within a developed legal and regulatory framework will assists the
players in this industry towards abiding and following the course of actions while offering their
services to the customers and passengers.
For the present study, the selected UK based tour operator is Thomas Cook that provides global
travel services to different segment customers. It is the UK's biggest and most common providers
of affordable and accessible package holidays to the clients and customers. However, Thomas
Cook Group activates their services and operations in five main divisions, i.e. UK, Central
Europe, Germany, West Europe, and Northern Europe with complying adequate legislation and
regulations.
The present study will focus on understanding the different facets of the travel and tourism
industry and the organizations those who are functioning within the industry. Apart from this, it
will be also beneficial for the selected organization in understanding the certain rules,
regulations, and legislation that are governing the T&T industry so that they may deliver quality
and ethical travel services to the customers.
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Task 1- Leaflet
1.1 Explain the legal and regulatory
framework of the travel and tourism
sector with reference to England and
Wales
The UK government has always
acknowledged the significance of tourism to
the economy and for this, they have initiated
new policies and laws over the past many
years that results in delivering effective
services. It has been stated that the tourism
industry and legislation are associated with
each other in certain ways because there are
different parties concerned in the tourism
industry such as suppliers, customers,
contractors etc. Thus, to interact with each
other properly and maintaining agreement
legislation plays an important role. When
these parties interact with one another, the
role of legislation becomes significant
(Lopes and Almeida, 2016). Therefore, it
has been explained that there are the
different legal and regulatory framework of
the travel and tourism sector that needed to
be considered by the retail travel agency of
the UK. These are as follows-
Package Travel & Tour Regulations 1992-
The key legal framework of the travel and
tourism sector focuses on the Package
Travel Regulations 1992. This regulation
clearly laid down a set of laws and
conventions that tour operator and holiday
companies must pursue to impart effective
packages to the customers. In addition to
this, a set of laws implemented by the travel
companies are often found in their ‘booking
terms and conditions’ (Coccossis, 2017).
Moreover, Package Travel Regulations 1992
of UK also ensures that tour operators are
accountable for imparting the proper
performance of holiday contracts with
comprising a range of services provided by
airlines as well as hotels and cruise
operators. With the successful
implementation of this legislation and
regulations by the tour operators’ results in
stating them required practices which they
need to be taken into consideration for
satisfying the customers.
Air Travel Operators’ Licensing (ATOL) -
Air Travel Operations Licensing is defined
as a scheme that is framed by Civil Aviation
Authority to offer a financial defense to the
clients and customers those who have to
procure package holidays and flights from
the tour operator (Becker, 2016). Apart from
this, with the successful implementation of
this legal scheme framed by CAA, it is
required by travel agencies and companies
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to return back the money to the client in case
of cancellation of the holiday.
International Air Transport Association
(IATA) – In order to maintain legal
practices within the UK travel and tourism
sector, it has been explained that practices of
International Air Transport Association has
directly affected the law and has supported
the UK travel agencies in growing the
overall economy. With the implementation
of IATA, it supports airline activities in the
UK and helps in formulating the industrial
policy and standards so that tour operators
may engage in performing the required
operations and services (Noor and
Wibisono, 2016).
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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
In the training event for Retail Travel
consultants, it is also required to discuss
surface, sea and air transport law in order to
maintain the carriage of a passenger in an
effective manner. The laws associated with
surface, sea and air law are discussed as
follows-
Surface law
In relation to the carriage of passengers, it
has been assessed that the UK government
has framed surface law that protects the
right of passenger those who are on the
board. The key law is associated with the
International Carriage of Passenger by Road
Act, 1979. With the implementation of this
law, it supports in providing proper
transportation facilities and road facilities to
passengers those who are willing to pay the
fare (Jørgensen et al. 2018). Apart from this,
it also successfully claims for the mental
disorder and physical damages and impart
proper care so that it may not lead to loss of
luggage. In addition to this, it also focuses
on Carriage by Railway Acts 1972 that
concentrates on governing the passengers
those who are travelling via railways so that
they may have an excellent experience.
Therefore, implementation of all such laws
would significantly regulate the transport of
goods along with the passengers as well as
interests of disabled passengers are also
protected and defended by this law.
Sea law
In the situation when carriage of passengers
travels via the sea route, then they are
required to implement the sea law. Under
this form of law shipping safety and security
of their passengers has been taken into
consideration (Deonandan, 2015). Apart
from this, different environmental factors
are also synchronised and keep in harmony
by this law so that passenger may easily get
convey with the sea carriage. Moreover, the
Athens Convention 1974 has been also taken
into consideration under the sea law that
mainly engages in addressing the Carriage
of passengers and their luggage by sea. The
convention institutes an establishment
towards paying the damages that are
suffered by the passengers those who are
carried on a seagoing craft and ferry. Apart
from this, the convention also proclaims that
the carrier is liable for the damages as well
as loss suffered by the passenger due to the
fault or negligence of the carrier holder
driving the ferry (Van Hoof and Pennings,
2018).
Air law
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The last law or convention that needs to be
considered by the travel authorities and
operators is associated with air law and
protocol that ensure proper safety of
passengers those who are travelling with the
airlines (Quan and Zhang, 2017). With the
provision defined by “The Warsaw
Convention of 1929” regulates their liability
for managing and administrating the
international carriage of persons, their
luggage as well as services that are
performed by the aircraft for attaining the
reward.
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Task 2- Management Report
Introduction
This task will focus on evaluating the principles associated with health, safety and security
legislation in the travel and tourism so that they effectively meet the goals and objective of the
company. Apart from this, it also focuses on it has been assessed that travel operators are
required to maintain the equality aspect within the travel and tourism sector in order to provide
effective services to customers.
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
In order to work collaboratively with the retail travel centres, Thomas Cook manager has
engaged in addressing that the tour operator requires to emphasis on health, safety and security
legislation. With the proper management of health, safety and security provision in the setting, it
ensures that risk associated with accidents are minimised (Van Hoof and Pennings, 2018).
However, it is the primary objective to focus on maintaining the safety provision in the travel
companies so that it imparts effective working environment. It is the accountability of the
manager and the employee to recognize any possible hazardous area at the workplace that leads
to affect the health and safety of staffs.
The Health and Safety at Work (HSWA 1974) has been put into practice that clearly specifies the
certain regulations and practices that need to be followed by the Thomas Cook manager so that
they may ensure proper practices performed by the staffs of other travel agency. With the
successful implementation of guidance of HSWA, it supports the staffs and employees to comply
with the adequate legislation so that it may not impact their overall health status (Thornthwaite,
2016).
In addition to this, the act also relates to the formulation of the Approved Code of Practices
(ACOP) that mainly focuses toward concerning the hazardous work practices along with
dangerous materials at the Workplace. With the breach or contravene of the identified code, it
will make the employer liable to abide for the entire damages amount. Along with this, ACOP
ensure different duties of the Thomas Cook manager that clearly involve
 Taking adequate corrective actions to prevent accidents
 Immediate reporting of the hazards and risky situation so that it may not impact the
health of employees working in the travel agencies
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 Attending training programs to deal with the hazardous situation effectively.
In addition to this, for managing the security aspect Thomas Cook and travel agency focuses on
implementing the security legislation such as the Data Protection Act (Hall, Gossling and Scott,
2015). With the help of this act, it will support the company in protecting the data and personal
information of their clients and customers those who have purchased their services associated
with holiday packaging as well as airline services. Therefore, it has been evaluated that
legislation associated with health, safety and security would positively assist the UK tour
operator and travel agency in overcoming the situation of hazard.
2.2 Analyse legislation that relates to equality with reference to a UK tour operator and
travel agency
With reference to the UK tour operator and travel agency it has been assessed that they are
required to maintain the equality aspect within the travel and tourism sector. The key legislation
that relates to the equality is as follows-
Equality Act 2010
Equality Act is one of the most significant act that needed to be focused by Thomas Cook and
travel agency at the of delivering travel and packaging services to the customers. Implementation
of this act put major emphasis on treating and taking care of citizens and employees in equal
manner without indulging in any sort of discrimination (Gössling, 2018). However, this acts also
efforts to make simpler the law with deleting inconsistencies so that they may equally treat the
customers.
Disability Discrimination Act 1995
Another act that relates to the equality focuses on implementing Disability Discrimination Act
1995. With the implementation of this act it clearly set out activities and practices that result in
promoting the right of disabled people. However, it also ensures that client and customers do not
experience discrimination just because of their disability. For instance, travel executive of
Thomas Cook devise low quality package in the higher cost for the disabled people. This sort of
discrimination will get avoided with the implementation of disability discrimination act 1995.
Sex Discrimination Act 1975
Another legislation that related to equality focuses on Sex Discrimination Act 1965. This act
came into the force by UK government to avoid the discrimination on the basis of sex i.e. male
and female (Gillovic et al. 2018). With the implementation of this act it has been analysed that it
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will overcome the discrimination among the workplace and treat each and every employees in
adequate manner so that they may further impart services in unbiased manner.
Conclusion
From the above completion of task it has been successfully stated that with the guidance of
HSWA, it supports the staffs and employees to comply with the adequate legislation so that it
may not impact their overall health status. Apart from this, it has been explained that with the
implementation of this act it clearly set out activities and practices that result in promoting the
right of disabled people.
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Task 3- Leaflets
3.1 Explain contract legislation in relation
to travel and tourism customers
In order to ensure satisfaction among the
customers, it is required by the cited travel
operator, i.e. Thomas Cook to binding
contractual agreement with the customers
that clearly states all the services and their
charges that are offered by them in the
contractual agreement. If the tour operator
fails to provide the required services then
customers have adequate right to terminate
and contravene the contract (Evans et al.
2012). For accomplishing the needs and
requirement of customers, manager of
Thomas Cook is required to engage in the
different contractual agreement that mainly
includes-
Contracts for the provision of services
The manager of Thomas Cook has engaged
in undertaking the contracts that clearly
states the provision of services imparted by
the tour operator for the customers. The
contract for the provision of services mainly
includes an agreement with the airline
companies, hotel as well as sightseeing
guide so that customers may not feel
inconvenienced (Dau-Schmidt et al. 2016).
Contracts related to packaging holidays
In addition to this, contract legislation also
focuses on undertaking contractual
agreement related to the package holiday
that mainly defines services that are
included in the overall packages.
Moreover, there are some specific elements
of the contractual agreement that needed to
be considered by the manager of Thomas
Cook these are as follows-
 Offer and acceptance- The manager
is required to provide the offer by
stating the services which they are
providing to the customers and
clients (Ceric and Crawford, 2016).
In the situation when customer or
client accepts the offer then it leads
to form a valid contract. For
instance, a travel package is
purchased by the customers after the
completion of the agreement.
 Consideration- After considering the
specific amount the manager of cited
travel operator would engage in
formulating the contract or legal
notice that clearly states the charges
that are quoted and cited by the
travel agency. Therefore, with this
element, the traveller has to bare no
additional charges for the packages
and holiday trip (Deonandan, 2015).
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3.2 Explain consumer protection
legislation in relation to travel and
tourism customers
With the implementation of consumer
protection legislation by the UK government
it has been assessed that consumers rights
are protected from the unethical and
unbiased practices by the suppliers.
However, the consumer protection
legislation is often applied in the travel and
tourism sector to protect and safeguard the
right of travellers from the false or deceptive
display of the prices of packages, airline
services, accommodation etc (Lunt et al.
2013).
The consumer protection legislation in
relation to travel and tourism customers are
as follows –
Trades Description Act 1968
With the implementation of this legislation
travel operator i.e. Thomas Cook is required
to engage in describing all the relevant
services that they are including in the travel
packages. It has been further assessed that
Trade Description Act also prohibits
misleading representation of the price of
packages and other services by the travel
operator (Evans et al. 2012).
Consumer Protection Act 1987
Customer protection legislation also focuses
on Consumer Protection Act 1987 that
clearly defines the right of consumer. Apart
from this, act also focuses on the legal
responsibility of the suppliers to deliver
required information concerning with the
travel product and services with complying
health and safety laws. In addition to this,
applying this consumer protection
legislation would also restrict unfair
business practices in relation with supplying
poor quality travel products and services,
illegal price indicators etc (Hall et al. 2015).
Consumer Protection from Unfair
Trading Regulations 2008 (CPR)
Another legislation focus on protecting the
consumer’s from the unfair trading
practices. With the implementation of this
regulations it supports the cited travel
operator in setting authentic charges and
prices for the travel packages.
The Package Travel Regulations of 1992
With the successful implementation of this
legislation it clearly arrange for the
minimum prerequisite for the holiday
contract (Leung and Baloglu, 2013). In order
to be lawful it must comprises of different
facilities such as accommodation, transport
as well as other tourist services.
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