Analysis of UK Travel and Tourism Laws and Regulations

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LEGAL AND REGULATORY
FRAMEWORK OF TRAVEL AND
TOURISM SECTOR
1

Contents
INTRODUCTION......................................................................................................................3
Lo1.............................................................................................................................................4
LEAFLET..............................................................................................................................4
INTRODUCTION..................................................................................................................4
LEGAL AND REGULATORY FRAMEWORK OF THE TRAVEL AND TOURISM
SECTOR................................................................................................................................4
SURFACE, SEA AND AIR TRANSPORT LAW IN RELATION TO THE CARRIAGE
OF PASSENGERS WITHIN THE LEGAL AND REGULATORY FRAMEWORK.........5
LO2............................................................................................................................................7
INTRODUCTION..................................................................................................................7
IMPACTS OF THE PRINCIPLES OF HEALTH, SAFETY AND SECURITY
LEGISLATION ON THE TRAVEL AND TOURISM SECTOR........................................7
LEGISLATION RELATING TO EQUALITY.....................................................................8
LO3..........................................................................................................................................10
CONTRACT LEGISLATION IN RELATION TO TRAVEL AND TOURISM SECTOR
..............................................................................................................................................10
CONSUMER PROTECTION LEGISLATION IN RELATION TO TRAVEL AND
TOURISM............................................................................................................................11
LO4..........................................................................................................................................13
INTRODUCTION................................................................................................................13
ETHICAL DILEMMAS FACED BY THE TRAVEL AND TOURISM SECTOR...........13
CORPORATE SOCIAL RESPONSIBILITY (CSR) POLICY OF VIRGIN ATLANTIC.14
CONCLUSION....................................................................................................................16
REFERENCES.....................................................................................................................17
2

INTRODUCTION
United Kingdom is the 6th largest tourism destination in the whole world. The tourism and
travel sector of UK plays an important role to strengthen economical and financial position of
the country. To secure the rights of tourists as well as tourism staff, certain legislations have
been provided by the government of UK which are needed to be followed by whole travel
and tourism sector. This assignment would include the study of certain legislations and codes
of conduct which are needed to be followed by the agencies or companies working in travel
and tourism sector and certain ethics and principles which ensure safety and security of their
staff as well as tourists and travellers.
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Lo1
LEAFLET
INTRODUCTION
The travel and tourism industry is one of
the fastest growing and developing
industries in the world. It has undergone
several changes leading to its growth and
development. This industry has helped the
UK to grow in terms of economy and
social growth. However, there are certain
rules and regulations that are needed to
regulate the legal framework of this
industry and also secure the rights of the
passengers.
LEGAL AND REGULATORY
FRAMEWORK OF THE TRAVEL
AND TOURISM SECTOR
The travel and tourism industry is seen as
one of the major industries of the world.
The travel and tourism industry is one of
the fastest growing industries in the UK.
Generally, tourism law governs travel
agencies, travel organizations, and airports
(Mason, 2015). However, there is no strict
legal and regulatory framework of tourism
in the British system, but it is regulated by
the Association of the British Travel
Agents (ABTA). It regulates issues
related to insurance, booking, travel code
and travel processes as well. The term
‘legal framework’ means a system of
codified laws that regulates decision-
making whereas the term ‘regulatory
framework' means a system that enforces
codified legislation. The tourism
legislation in the UK includes the
Development of Tourism Act, 1969,
(introduced by the British Tourist
Authority) which completely focuses on
maintaining coordination among different
tourist organizations. It also establishes the
tourists' boards for England, Scotland, and
Wales. The other important authority
regulating travel and tourism in the UK is
Strategic Railway Authority (SRA). This
authority manages the services and laws
prescribed under the Transport Act, 2000
and to provide a strategic direction to the
rail industry (Nash, 2018). However, this
authority has been abolished and its
functions are vested in Department for
Transport also known as the office of Rail
and Road. Apart from these authorities and
legislation, another important authority is
the International Air Transport
Association (IATA), which has safety as
its number one priority having IATA
Operational Safety Audit as its main
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instrument (Thomas and Burgess, 2015).
Also, the criminal and civil law aims at
protecting the rights and duties of tourists
and tour operators and also on deriving
equality among the people who are tourists
as well as non-tourists, respectively.
Whenever, there is breach of any duty,
under criminal law, the person guilty for
such breach is penalized through fine or
charge, on the other hand, if the breach of
duty comes under the category of civil
law, the affected part can appear to the
courts and ask for compensation or
restoration of their rights which have been
violated.
SURFACE, SEA AND AIR
TRANSPORT LAW IN RELATION
TO THE CARRIAGE OF
PASSENGERS WITHIN THE
LEGAL AND REGULATORY
FRAMEWORK
According to Article 1 of the Athens
Convention, a person who performs
carriage or on behalf of whom a carriage
has been performed is known as a carrier.
In general terms, a carrier is a person who
has a responsibility to carry passengers,
goods or luggage from one place to
another safely and securely. If he fails to
perform his duties he is liable for certain
charges and punishments according to his
actions. There are certain liabilities of the
carrier towards his passengers. These
liabilities and regulations are provided by
several regulations and laws (Soyer and
Leloudas, 2017). Specific transport laws
have been made in reference to surface,
sea, and air travel.
Surface Law: The International Carriage
by Air and Road Act, 1979 was enacted to
protect the rights of the travelers even if
they are traveling for free. The main
purpose of this Act is to protect the
passengers from any injury, death or loss
or damage to the luggage. For any harm
caused to the passenger, the carrier is held
liable and he is responsible for it. Thus, it
is the duty of the carrier to ensure safe and
secured journey of the passengers without
causing any harm to them and their
luggage. The Carriage by Road Act, 2007
was also enacted for the regulation of
common carriers of goods by roads. The
purpose of this act is to prevent a common
carrier from causing any harm or damage
to the luggage or goods as a result of
negligence or intention of causing such
damage. Under the Carrier of Passenger by
Road Act, 1974, it is the duty of the carrier
to ensure the safety of the passengers and
their luggage and he must keep that in
mind to not to allow any more o if there
are no seats available in the vehicle.
Sea Law: The Athens Convention of 1974
imposes the liability of any harm or
damage or loss of luggage of the
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passengers carried on a seagoing vessel, on
the carrier (Soyer and Leloudas, 2017). In
case of any harm or damage to the
luggage, the carrier is liable to pay the
amount or restore the rights of the
passenger. The International Maritime
Organization (IMO), is an organization in
the UK that regulates shipping. The main
purpose of this organization is to develop
and maintain the security of shipping of
goods and it also concerns safety,
environment and other legal matters. IMO
has provided UK with several conventions,
one of which is Safety of Life at Sea
Convention (SOLAS), adopted after the
Titanic disaster. The Athens Convention
also lays down the provision of security of
passengers boarding on a seagoing vessel
and also for the mandatory insurance of
passengers by The Protocol of 2002.
Air law: Several legislations and laws
have been created to regulate air transport
and ensuring the safety of passengers
traveling through the air. The Carriage by
Air and Road Act, 1979, explains that a
person who is involved in carrying
passengers either by air or road from one
place to another is known as a carrier.
Further, the act also provides for the
provision of compensation where there is
injury, death or loss of luggage of the
passenger due to carrier’s negligence or
doing an act intentionally due to which
such harm or damage is caused (Klien et
al, 2016). The Warsaw Convention is an
international convention imposing liability
on international carriage of persons, goods,
and luggage. Also, The Denied Boarding
Regulation mentions several passenger
rights and provisions regarding flight
cancellations, reimbursement, and
compensation.
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LO2
INTRODUCTION
Today, with the growth and development of the travel and tourism sector, the responsibility
of safety and protection of tourist and travelers has become an essential component of travel
service providers. Along with high-quality services for travel and tourism, it is the duty of
travel and tourism service providers to ensure high-quality safety and hospitality of the
consumers as well.
IMPACTS OF THE PRINCIPLES OF HEALTH, SAFETY AND SECURITY
LEGISLATION ON THE TRAVEL AND TOURISM SECTOR
It is the chief function of the legislators to provide safety and security legislation for the
tourists along with the growth and development of the travel and tourism sector. Generally,
health, safety, and security legislation are made to regulate and prevent any situation causing
hazards or any accidents. It is the primary responsibility of the employers and the employees
as well to check for any danger or hazard that might harm the safety and security of the
tourists (Fletcher et al, 2017). To secure the health and safety of tourists, the employer is
obliged to first provide safe working conditions to his employees and ensuring that the
working environment is safe and free from harm. To impose certain liabilities and to provide
certain rights to the employees and tourists, several legislations have been passed by the
government of the UK. Some of these legislations are:
Health And Safety At Work Act, 1974 (HASAWA): This act imposes the duty on the
employers to protect the health, safety, and welfare of the employees at work. It is the duty of
the employer to protect the employees, casual workers, visitors, clients or the general public.
This act also contains the powers vested in HSE to enforce the duties of the employees and to
penalize them for non-compliance of these duties (Hancock, 2016). The duties of employers
under HASAWA are: providing safe system and place of work; checking out for any risks
involved and measures to prevent them, if any; informing workers about related hazard and to
train them to how to deal with such situations accordingly; and, consulting with safety
representatives of the workplace and avoiding any risk or hazard involved.
Occupier’s Liability Act, 1984: The occupier’s liability act, 1984, provides for the security
and precautions to ensure the safety of visitors as well as trespassers. It provides for
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producing such warning signs, as may be necessary, indicating the danger or hazards related
to such property, premises or building. In fact, protection is also provided in the case where
any person breaks into premises with any criminal intent (Wood, 2018).
LEGISLATION RELATING TO EQUALITY
While providing travel and tourism services, equality should be maintained and every tourist
shall be treated equally according to his needs irrespective of his caste, race, gender, sex etc.
In reference to this principle, several legislations have been passed regarding maintaining
equality and treating every tourist equally and fulfilling his needs (Alldred and Biglia, 2015).
Some of these legislations are:
Sex Discrimination Act, 1975: The Sex Discrimination Act, 1975 provides for the protection
of men and women from discrimination on the basis of their gender and their marital status.
This Act established the Equal Opportunities Commission which aimed at removing
inequality and promoting equality of opportunity among men and women. It also helped to
encourage individuals to bring cases to employment tribunals and to the courts (Wintemute,
2017). It completely aims at removing inequalities in employment sector on the basis of
gender preference including all the sectors as well as the travel and tourism sector.
Employment Act, 2002: The Employment Act of 2002 was enacted by the parliament of the
United Kingdom introducing provisions regarding paternity and maternity leave and also
about pay and changes to the tribunal system of UK. This act ensured equal pay for equal
work and also fixed-term employment (Cumper, 2017). Minimum dismissal was also one of
the provisions of this act. However, after receiving certain complaints that this act was
promoting ‘tick-box’ culture, this act was repealed by the Employment Act, 2008. The
Employment Act, 2008 had its territorial jurisdiction within England, Wales, Scotland, and
North-Ireland.
Human Rights Act, 1998: The Human Rights Act, 1998 was enacted by the parliament of
the UK and aimed at incorporation of the rights contained in the European Convention on
human rights. Any rule, regulation or law made by a public authority which is incompatible
with the rights contained in European convention shall be considered as unlawful. In fact, the
court cannot override the interpretation of the Act by the parliament to make the act
compatible; it can only declare it as incompatible.
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Equality Act, 2010: The Race Relations Act, 1976; Disability Discrimination Act, 1995; The
Equal Pay Act, 1970, were repealed by the Equality Act, 2002. This Act imposes the
restriction on discrimination, harassment or victimization on the grounds of race, nationality,
religion, sex etc. This Act also provides provisions for making reasonable adjustments for the
employees suffering from any kind of disability (Kirby and Welch, 2016).
All the legislation in relation to employment and prevention of discrimination imposes
liability on the employers to not to discriminate his employees or the travelers on the basis of
their caste, religion, race, sex, sexual orientation, pregnancy and maternity, nationality,
religion or beliefs or any disability. These legislations ensure the establishment of equality
and harmony among the employees of an organization and also among travellers as well.
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LO3
CONTRACT LEGISLATION IN RELATION TO TRAVEL AND TOURISM
SECTOR
A contract is generally a promise which is
enforceable by law. It is not necessary that
the contracts are in written or signed
document, it could be an informal contract
as well. The only difference between a
contract and an agreement is that an
agreement is not enforceable by law: it
could be informal and it does not generally
require consideration, however, on the
other hand, a contract is a legally binding
document which is enforceable by law and
it requires consideration. In other words,
we can say that all contracts are
agreements but not all agreements are
contracts (Freedland et al, 2016). When we
talk about contract legislation in travel and
tourism industry, usually there is contract
binding both the passengers and the
traveling company, where the company
can demand payment for the consideration
of fulfilling the services as mentioned in
the terms and conditions of the contract.
These terms and conditions shall be
disclosed to both the parties to prevent any
misunderstanding and miscommunication
between the parties.
There are 5 elements that are required to
validate a contract and to make it
enforceable by law. These are:-
Offer: The first and foremost essential
element of a valid contract is Offer. Until
and unless, either of the parties makes a
proposal to another party, it cannot result
in a valid contract. An offer can only be
made when there are two or more parties.
A single person cannot perform the act of
making an offer or proposal. Whenever a
tourist company gives the form to the
tourist for filling, it becomes an offer and
whenever it is signed by the tourist or
traveler, it is known as acceptance
(Austen-Baker, 2017).
Acceptance: Once the proposal or an offer
is made by one party, acceptance of the
other is required. The acceptance could be
in an expressed form or in an implied
form. Whatever travel package a company
have, it must be clearly informed and
notified to the tourist or traveler along with
its terms and conditions (Poole, 2016).
These terms and conditions must be clear
and accepted by the tourist or traveler.
Once the tourist or traveler accepts these
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terms and conditions, it becomes an
acceptance from the tourist.
Consideration: No valid contract can be
formed without any consideration.
Consideration is a value for which an offer
and acceptance is made. It could be in any
form like goods, money or services. In the
travel and tourism sector, the travel
company provides its services to the
tourist for the consideration of money and
vice versa.
Intention: Another important element for
a valid contract is the intention. The
intention of doing a contract shall be
lawful. If the object of the contract is
illegal or unlawful, the contract will be
void and not enforceable by law. The
travel company should mention all terms
and conditions of the offer very clearly and
it is the duty of the tourist to study them
properly and then they should sign it
(Poole, 2016). Any clause of terms and
conditions, which is against the policy of
the law, would make the contract void.
Capacity to contract: The parties entering
a contract shall be above 18 years of age
and he/she must be of sound mind. Every
travel company and the tourist shall ensure
that they have attained the age of majority
and must be of sound mind.
All these conditions shall be met to make a
valid contract and to make it enforceable
by law. The travel and service providers
shall ensure fulfillment of all terms and
conditions as mentioned in the contract. If
they fail to do so, that suit shall lie against
the travel company and they can be
penalized as well for doing such an act.
CONSUMER PROTECTION
LEGISLATION IN RELATION TO
TRAVEL AND TOURISM
As we know, the customer is the king of
the market. Without a customer, no
agency, or company or an organization can
provide its goods or services to anyone and
it would be very difficult for them to
function. However, there are certain
situations where a customer is harassed
and his rights are violated. To avoid such
situations and prevent customers from
being harassed, consumer protection
legislation has been passed. This
legislation has been made to protect
consumers from false or misleading
information regarding travel, tour or
holiday packages. Some of the legislation
passed for the protection of customers are:
Trade Description Act, 1968: The trade
description act, 1968, aims at the
protection of consumers from misleading
or inappropriate information from
manufacturers, retailers or other service
providers (Howells and Weatherill, 2017).
This act empowers the judiciary to punish
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the accused on the ground of cheating a
consumer by providing him misleading
information about the services provided by
them or inappropriate information about
the products or services they sell. A strict
liability arises in these cases and proofs are
to be produced to escape conviction.
Consumer Protection Act, 1987: This act
provides for the abolition of supply of sub-
standard goods and unlawful indications of
the price. It also provided regulation to
establish certain legal authorities and
product liabilities in order to protect
consumers from cheating or fraud or any
other unlawful business activities (Howells
and Weatherill, 2017). It provides strict
liability on service providers in case of
breach of duty due to their negligence or
any mala fide intentions.
Both of the acts mentioned above are
clubbed together and replaced by
Consumer Protection from Unfair Trade
Regulations, 2008. It introduced the duty
of traders to perform fair trade practices.
The Package Travel and Linked Travel
Arrangements Regulations 2018, also
plays an important role in regulating unfair
trade practices in the tourism and travel
industry. It includes both legal and
financial protections also prevent travel
and tourism companies from any
misleading practices; aggressive practices
or any omissions regarding their services.
This regulation makes sure that fair
practices are performed by the travel and
tourism service providers and all the terms
and conditions mentioned in the contract
are being fulfilled.
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