Legislation and Ethics in Travel and Tourism Sector Assignment

Legislation and Ethics in Travel and Tourism Sector Assignment

Introduction

The below report will focus upon the legislation which is applicable to the travel and the tourism industry. The report will provide a brief understanding of the maintenance of health and safety standards for the betterment of the employees as well as for the betterment of consumers of the organization. The report also deals in various laws which are made for the protection of the consumers of the organization. In the end, the report will focus on various ethical dilemmas which are faced by the consumers of the organization.

LO1 

1.1 Explain the legal and regulatory framework of the travel and tourism sector.

Introduction

In the UK system, there is no regulatory and legal framework but there is ABTA code of conduct that consists of the issues related to travel and tourism like communication, notification, booking etc. This should be used in order to protect the customer’s right in UK travel and tourism. It is also difficult for the judiciary system of the UK and Wales to meet the requirement of the legal system related to the travel and tourism industry. The judicial system has also provided a guide for visitors to bring all the information together. It also gives a view of the working of an industry like tourism.

Regulatory Framework: 

The following are the strategic regulation which is by the government of the United Kingdom in the travel and tourism sector:

1. Strategic Rail Authority: The basic purpose of the formation of this act is to promote the railway networks in the area which is mentioned in the law for the purpose of carriage and passengers from one place to another. The act ensured that a proper development of railway network in the country which ultimately leads to an increase in connectivity of the railway networks which leads to an increase in the travel and tourism industry of the country.

2. Transport Act 1980 and 1985: Such an act was formed with the intention to provide seamless facilities to the tourists of the country. The basic provision of the country deals with the private bus which allows the buses to travel to any part in the country where the tourists of the country can travel through any destinations in the country. The act also provides provisions regarding the fair prices should be given to the tourist of the country.

3. Destination Development Act, 1966: The act is formed by the local government for the development of the destinations of the country in order to promote the travel and tourism of the country.

4. Development of Tourism Act,1969: The act was made and implemented by the government of United Kingdom in order to promote and develop the tourism as well as tourists areas of the country which attracts tourists from all around the world.

5. Carriage by Road Act 1979:

The act was made with an intention to protect the rights and interest of the travelers of the country. Such interest can be availed if such travel is paid or free. The act also provides a provision which provides liability to the travel company in case of any injury or loss or damage to the luggage of the customer.

The following are the main objectives of the travel and tourism legislation which are made by the local government of the country.

1. For the development of the travel and tourism industry.

2. For the promotion of the local travel and tourism industry.

3. For the protection of the natural resources of the country.

4. For the protection and conservation of wildlife of the local country.

5. For the protection of the interest of the travelers of the country.

6. For the protection of the interest of the travelers of the country.

7. For the protection of the customs and traditions of the country.

8. For the purpose of regulation of terms and conditions which are provided to the travelers by the local traders of the country.

Legal framework:

It can be asserted that the UK is separated into different systems that are England and Wales, Northern Ireland and Scotland. It is the unwritten constitution and prescribes the rights for individuals and work for the government. It also consists the different sources such as statutes, conventions etc.

Judiciary structure


The above image shows the judiciary structure in which it divides in to England and Wales, Northern Ireland and Scotland. It can also be noted that supreme court is the highest court and that is the apex court which hears the appeals from the courts in Wales and England, Scotland and Northern Ireland. The England and Wales includes the court of Appeal, High court, county court , crown court, Tribunals and magistrate court. Apart from this, the Northern Ireland includes the appellate of court, High court, County court, court of magistrate that deals with the criminal cases. The court of Scotland divides in to different parts such as sheriff principal, justice of the peace court and tribunals in which jury can solve the cases timely.  

The tourism industry is one of the major growth industries in the world. The economy of every country depends on upon the tourism of the country which attracts a lot of foreign currency in the country. The local government of various countries, in order to protect such tourism, has made certain laws which aim in protecting the rights and interests of the travelers who are traveling in the country.

The laws in various countries are divided into two parts that are general laws and specific laws. General laws are the judgments which are made by the decision of higher courts which are applicable to the lower courts of justice whereas the specific laws are the laws which are made by the act of parliament on the basis of agenda of the government of the country. Such laws are made with an intention to increase the travel and tourism industry of the country (Font, and McCabe, 2017). Such laws also contain certain provisions which provide liability to the business organization in the travel and tourism industry.

 

1.2 Discuss the surface, sea and air transport law in relation to the carriage of passengers within the legal and regulatory framework.

The government of United Kingdom has made certain laws which regulation regarding the transport of sea, air, and surface. The following are the regulatory framework which is made by the local government which is mentioned below:

  1. Surface laws: It is the type of laws which are made for the carriage of passengers through the medium of the road. Carriage of Passengers by Road Act 1974 is being implemented by the local government in the United Kingdom in order to provide certain guidelines regarding the transport of the passengers from one place to another. The act also provides insurance to the travelers and passengers traveling from one place to another regarding their risk of life and the risk of damage of luggage of the customers. Luggage’s loss of passengers is administrated by the “Carriage by Railway Act, 1972”. These laws conduct transport of passengers and goods. Disabled passenger’s interest is also protected by this law(de Oliveira et. al., 2016). 

Railway Act, 1993 includes the different functions such as Licensing, review of charges, enforcement, access agreements. It also provides the restructuring of the British Railways Board that can be owned and operated the national railway system.

  1. Sea Laws: It is a law which is basically made between the agreements between the countries in the United Nations. The agreement is being made between the members of the United Nations where an organization is formed between such nations named International Maritime Organisations of United Nations. Various conventions are made between the countries with an intention to improve the trade between the countries (Rothwell, and Stephens, 2016). Such an agreement was also made to protect the interest of the passengers and tourists traveling through the medium of the sea. Lifeguarding tools and fire safety related to sea comes under “The international convention for the safety of life at sea (SOLAS)”. Ferry and ship’s liability is suffered and extended by “The Athens Convention, 1974”.

The law of carriage of passengers by Road Act, 1974 is related to the carriage of passengers of railways and also provides the remedies to the parties. It also includes the different protocols and conventions such as protocols 2002 and Athens convention 1974 that provides the compensation in case of loss.

Air laws: These laws are the conventions between various countries which decide the access of air transport vehicle into the boundaries of the country. The rule about international carriage and their documentation are described by “Warsaw Convention of 1929”, “Hague Convention 1955” etc. These conventions are made into effect by different countries which promotes a healthy traveling between the countries. Such convention also focuses upon the up gradation in the aviation technology which focuses upon the safety of the customer’s which are traveling through the mode of air transport.Landing across the areas like non-traffic, traffic, cargo, and passenger landing come under the law “The Five Freedom Agreement of 1944”, it covers all the rules and regulations.

It includes the different conventions and protocols such as Warsaw Convention 1929 that can be established to control and monitor the good and services through the aircraft. This convention is based on conditions for the liability that can arise from the loss.

It also consists the Hague convention 1955, that amends theWarsawconvention and also consists the specific unit with the convention.

Apart from this, it consists the Athens convention, 1974 and protocols 2002 which are related to the passengers.

LO2 

Executive Summary: The below task deals in various provisions and legislation which provide health and safety measures which the travel industry should follow. The below provisions and legislation provides guidelines regarding the maintenance of health and safety at work. The report also provides various impacts of the provisions in the travel and tourism industry.

Introduction: The travel and tourism industry such as Thomas Cook has to follow various health and safety measures which need to be followed by the company. Such safety measures are made by the local government in order to protect the risk associated with the travelers who are traveling through the relevant traveling company.

2.1 Evaluate the impacts of the principles of health, safety and security legislation on the travel and tourism sector.

Health and Safety Standards at Work, 1974: It is an act which is made by the local government with an intention to provide safety at the work. The act provides various duties, liabilities, and responsibilities to the employer of the organization. The act also states that the employer of the organization should also consult with the employees regarding the health and safety standards to be maintained at the workplace. The act also provides provisions regarding the formation of health and safety commission to be established by the government of United Kingdom which ensures that all such health and safety measures which are mentioned in the act are duly implemented by the employer of the organization (Gmelch, and Kaul,  2018). The following are the duties and responsibilities of such commission which are mentioned in the health and safety act:

  1. It is the duty of the commission to provide necessary information regarding the health and safety standards to the employer of the organization. 
  2. The duty of the commission is to ensure that proper training to the employees is being provided by the management of the organization regarding the health and safety standards.
  3. It is also the duty of the commission that all the provisions are being compiled by the employer of the organization.
  4. It is also the duty of the commission that the business organization is following the approved code of practices where the commission provides adequate guidance to the employer of the organization regarding the maintenance and usage of chemical products in food.
  5. It is also the duty of the commission to provide a proper guidance regarding the maintenance of health and safety measures at the workplace.
  6. The health and safety commission should also regulate the working of the organization regarding the maintenance of chemical products at the workplace.

Workplace (Health, Safety, and welfare) Regulations 1992: It is the duty of the employer of the organization to maintain health and safety standards in the workplace. The provisions of the acting state that the employer of the organization has to maintain proper health and safety standards in the form of adequate light facilities, adequate ventilation facilities, food and water facilities etc. The provisions of the act also state that the employer should also consult to the expert of health and safety standards regarding maintenance of such standards at the workplace (Hunt, 2018)

Data Protection, the duty of care and Vicarious Liability: The employer of the organization maintains the data of the employees as well as the data of the consumers. The following are the main duties of the data controller.

  1. It is the duty of data controller to process data as per the principals mentioned in the law.
  2. It is the duty of a data controller to protect the data of the employees and data of the customers.
  3. It is the duty of the controller to not to disclose the confidential data to others.

Positive and negative impacts of health, safety, and security: 

Positive impact: The main objective of this legislation is maintaining safety in all aspects of the working environment. It helps the organizations for proper functioning and performing their duties. The legislation provides the organizations three important elements for proper working: Guidelines, approved code of practices and regulations. It also makes sure that tour operators are treating the customers equally by providing them proper goods and services without any discrimination. 

Negative impact: There can be a lack of equality according to the law standards. When some group of people deprived of a specific service or facility, indirect discrimination occurs. Perceptive discrimination is based on perception. Harassment occurs when any person has an unwanted denial from the part of the supplier, client, and contractor etc. Discrimination is the main problem of legislation in the travel industry. A person can claim for remedial measures for being a part of discrimination.     

2.2 Analyse legislation that relates to equality.

The Equality Act 2010 is being formed by the local government in the United Kingdom is promote the equality at the workplace without following the process of discrimination. The act focuses on providing fairness to the employees working in the organization. The act was formed with the intention to provide equal opportunities to the employees working in the organization irrespective of race, religion, color or sex. The government in the United Kingdom has also made various other laws which promote equality in the workplace, the following are the various legislation which promotes equality in the workplace: 

  1. Sex Discrimination Act 1975.
  2. Employment Equality (Religion & Belief) Regulation, 2003
  3. Employment Equality (Age) Regulations 2006.

The main purpose of such act is preventing discrimination to the employees working in the business organization. Such discrimination can be done on the basis of color, sex, religion, race etc. Such legislation was being supported by the human rights commission. The provisions of such acts were to make such commission which encourages the formation of the commission which aims in the protection of rights and interest of the employees working in the organization. Apart from the above laws mentioned the following are the laws which are made by the government for protection of the interest of the employees:

 

  • Race Discrimination Act, 1976: Such an act was implemented and formed by the local government of the United Kingdom. Such an act was implemented with the intention to avoid the practice of discrimination on the basis of race. The act provides liabilities and duties for the employer of the organization who follows such practice as such practice is being prohibited in the law.

  • Employment Protection (Consolidation) Act 1978: The act was implemented and made on the basis of an act of parliament. The act provides the rights of the employees working in the organization. The legislation is made to protect the rights and interest of the employees working in the organization. The provisions of the acting state to form the employment tribunal which will only handle the cases of the dispute between the employer and employee working in the organization. Such tribunal is being formed so that the rights and interest of the employees are being protected.

  • Disability Discrimination Act 1995: Such an act is formed with the intention to avoid discrimination on the basis of disability of the employees. Such an act was formed with the intention to protect the rights and interest of the disabled employees. 

  • Employment Act 2002: The act was formed for the interest of the employees working in the business organization. Some of the provisions of the acts are:

  • Provisions regarding maternity leave and maternity period.
  • Provisions regarding the complaint of the employees in the employment tribunal. 

Conclusion: As per from the above legislation and provisions it could be noted that the government of the United Kingdom has made certain laws which protect the rights and interest of the employees working in the organization. The report also projects the data which should be maintained and protected by the employer of the organization.

LO3

3.1 Explain contract legislation in relation to travel and tourism customers.

 

Introduction

Legislation contract is important for the travel& tourism industry because it is a kind of binding contract that is used by every tourism company regarding their charges and services for customers. It consists of all the details such as departure time, arrival time, destination details, stay charges etc. If company dissatisfy the customers, they can terminate the contract.

The following are the legislation which is explained below in relation to the travel and tourism industry:

The contract for the provision of services: It is a type of contract which is made between the buyer and seller of services. 

The product was deal between the buyer and seller are in the form of services provided to the buyer by the seller of the business organization It is basically an agreement which is signed by the buyer and seller at a fixed amount of consideration which is discussed between the parties to contract.

The contract for the supply of goods: It is a type of contract which deals in goods. It is a contract between the buyer and seller of the contract where the parties to contract decide the amount of consideration which is mentioned in the contract.

It is basically an agreement between the parties where the number of goods and the quality of goods are mentioned in the contract in exchange for a certain amount of consideration (McKendrick, 2014).

Contract relating to packaging holidays: It is a contract which is generally made between the tour operators and the customers.

It is a specific type of contract which includes all the terms and conditions regarding the tour 

agency and the services provide by the tour agency in exchange of a certain amount of consideration (Poole, 2016). 

Contract

Elements of contract

  • Offer
  • Consideration
  • Certainty
  • Acceptance
  • Capacity 

It can be asserted that contract law is important in the field of tourism. As the contract provides the document to the individuals and states the right and duties for the parties. It also resolves the dispute among the parties. There are different elements of contract such as :

Offer: In this Thomas, cook provides the offer to the parties and the organization can be recognized offeror and the party is offeree.

Acceptance: If the clients accept the offer of Thomas cook then there will be acceptance. 

Consideration: It is an important element in the contract as the clients have to pay a certain amount for the tour package. 

Capacity: In case of tourism the party who makes a contract shall have the capacity to frame the contract. 

Certainty: The contract should be certain which means that the parties should understand the terms and conditions. 

Enforceability: The contract should not be executed until the enforceability of law. There should be a legal obligation and intention between the parties.

3.2 Explain consumer protection legislation in relation to travel and tourism customers.

Introduction

As the holidays and travel increasing day by day, it has been essential to creating the schemes and rules to protect the customers in case of something goes wrong in the traveling. The main aim of this contract is the customer’s protection in any kind of circumstances.

The following are the various legislation regarding consumer protection in relation to travel and tourism:

Consumer Protection Act, 1987: The name of the act suggests itself, as the act is made with an intention with the protection of the interest of the consumers Rodger, 2015). 

  • It provides penalties and criminal liabilities to the seller of the product upon selling of the damaged product.
  • The act provides punishment to the seller upon selling of prohibited goods to the consumers.
  • The act provides authority to the commissioner employed under the act by the government, to search and seize goods which are unsafe to the customers.   
  • Trade Description Act, 1968: Such an act is made by the act of parliament by the local government in the United Kingdom. The act is made with an intention to protect the interest of the consumers in the country. The act also prohibits the various traders and various businessman of the various business organization to provide misleading and incorrect information to the consumers of the business organization to provide misleading and incorrect information to the consumers of the business organization. The act also prohibits the business organization to sell the lower quality of the products (Southwell, 2015).For example:
  • If there is any false information.
  • Provided goods don’t have good quality.
  • Provided goods are not that which are applied for.
It is noted that consumer is an individual who can be treated like a king and they are under obligation to know the laws and policies in respect of consumer protection.

In today’s modern era, consumer needs to be protected as there are frauds that hamper the rights of consumer and leads to the consumer dissatisfaction.

For example, the data should be protected as there are parties that hack the data, so to protect the parties there should be the data protection Act. This act provides the rights to the parties in respect of information and also lays down the punishment that breaches the data.

LO4.

Executive Summary

The ethics in the business is one of the most common factors which need to be considered by every travel and the tourism company. The issues are diversified in several fields namely the higher profit, the sustainability and the loyalty of the customer. In this report, the analysis of the ethical dilemmas faced by “Thomas Cook” and the Corporate Social Responsibility followed by the company has been discussed. Apart from this the extra measures taken by the company to improve the performance of the business has also given proper attention.

Introduction

“Thomas Cook” is one of the most important flagships in the area of the travel and the tourism industry. For the company belonging to this sector, travel and tourism are based on the ethics and Corporate Social Responsibility. The ethics are one of the core factors in deciding the performance of the business and the corporate social responsibility makes an add-on for the future development of the business and the enhancement of customer satisfaction.

4.1 Analyze ethical dilemmas faced by the travel and tourism sector.

Businesses use the discipline for working that is called ethics, in which they execute their moral duty. In this businesses perform all the good and bad practices which provide the guidance for performing good ethics. To develop a business, ethics have a crucial role in this. Businesses get a good shape by practicing good ethics. The ethical issue depends upon the organization or business.

Business Ethics investigates the ethical rules and principles that can arise in the environment. These principles can apply to all the aspects of business conduct and that is suitable to the individuals and organizations. It can be termed as the standards, principles, norms, and values that help to govern the action and behavior of the individuals and organizations.

The ethical dilemmas faced by the travel and the tourism sector are spread across in a lot of the ways. The tourism industry is considered as one of the most critical industry in the world as it assists in the generation of the revenues and the significant contributions to the GDP of the country. According to the Thus Donaldson, ethics is the systematic study of the issues at a moral level which is faced by the business in day to day lives, by industry or by the practices and the beliefs. The ethical dilemmas which the company like Thomas Cook has to face are however outlined below.

  • Unfair trade practices.
  • Labour of the age 18 or less.
  • The human rights are not complied with.
  • Dis-balance of the judicious resources.
  • Bribery.
  • Exploitation of women (Darrow, et. al., 2015).
  • Through the advertisements that may mislead the customers.
  • Cultural Impacts and 
  • The discrimination on the basis of the caste and religion.

Such dilemmas are duly faced by the customers of the business organization which needs to be avoided by the Thomas Cook(Tiwari, and Chatterje, 2017). The organization has made sure that the products and services which are supplied to the customers are up of certain quality standards as well such products are up to the ethical standards which are acceptable to consume in the eyes of law. There are four main areas that consist of business ethical dilemmas in Thomas Cook-

  • Dealing with the consumers
  • In the supply chain
  • At the business place
  • In the local community 

The business ethics of Thomas cook contains the areas-

  • Dealing with supply chain and clients
  • Environment-related policies
  • Corporate social responsibility 

It can be noted that tourism is the major force in the economy and there is an increase in the opportunities. Apart from this, it can be asserted that the tourism industry is ethical in nature and consist of depletion of natural resources, environment, economic imperialism. There are certain principles such as :

  • It improves and strengthens the place, character, identity to the public at large. 
  • It also protects and enhances the historic, cultural and aesthetic resources for present and future generations. 
  • It also promotes the awareness of social, economic and environmental tourism. 
  • It also encourages education and research tourism that focuses on the ethics, preservation, and destination. 

If the Thomas cook implements these practices then it will be effective and helps the tour operator to conduct the activities. 

4.2 Analyse the Corporate Social Responsibility (CSR) policy of a specified travel and tourism business.

Economic carries the maintenance of social activities and ecological balance is the part of the “Thomas Cook”. For conducting these they use the code of conduct which is used as guidance for Thomas cook. Corporate Social Responsibility is the process of the application of the environmental and the social scanning of the environment and auditing of the business practices. In relation to the Corporate Social Responsibility of Thomas Cook, it is the world leading holiday companies with the volume of sales of pound 9 billion. The main responsibilities in the line of the Thomas Cook are outlines below.

  • To maintain and survive during the climate change
  • To fulfill the demands of the customers on a seasonal basis
  • To face the geopolitical changes and to maintain the impact of the instability in the tourism sector
  • The technological changes like artificial intelligence, increasing use of the internet enabled services, the blockchain technology and to make sure that the resources are utilized in a judicious manner.
  • To follow the ethical rules and the regulations in order to decarbonize the travel sector.

Thomas cook comes under the corporate social responsibility for the environment; they are accountable for protecting the nature and maintaining the ecological balance. The key elements of Thomas cook are services, products, and processes that are acceptable by the environment. They focus on CO2 decrement and changed climate assessment. In holiday regions, environmental policies are:

  • Nature conservative
  • Species protective
  • Landscape protective 

In order to achieve all the responsibilities, the company has created the new strategy and the responsibility from itself to bring out the positive changes in the capital market of the travel and induce the destinations for the customers and for the communities and the working conditions for the employees. Apart from this, the company has increased the 12% increase in the fuel efficiency for the airlines operating in the group. 

Moreover, the company has also built the brand with the hotels and providing the capacity to the customers with a high level of satisfaction (De Grosbois, 2016). Across Thomas Cook, the company has made many contributions in the form of the charity which are operating in the Airline division and the Continental European business. The Paris Agreement delivered the new framework in the line of the accelerating action and the investment made in reducing the emission of the carbon.

Conclusion

Therefore from the above analysis, it can be interpreted that Thomas Cook has followed the ethical responsibility and the corporate social responsibility and is striving for ore by giving better opportunities to the customer for filling their travel destinations. 

Conclusion

The above report contains provisions regarding travel and tourism industry which Thomas Cook need to follow. The report discusses the provision of surface, sea and air transport laws which have to be duly complied by the business organization. The report includes various conventions and agreements made between various countries to abide by the air, water, and surface transport laws. In the end, the report provides a brief understanding of the company regarding the practice of corporate social responsibilities.

References
  • Darrow, J.J., Sarpatwari, A., Avorn, J. and Kesselheim, A.S., 2015. Practical, legal, and ethical issues in expanded access to investigational drugs.
  • De Grosbois, D., 2016. Corporate social responsibility reporting in the cruise tourismindustry: a performance evaluation using a new institutional theory-based model. Journalof Sustainable Tourism, 24(2), pp.245-269.
  • de Oliveira, M.M.F., Ebecken, N.F.F., de Oliveira, J.L.F. and Aires, M., 2016. NumericalModeling of Air Pollutants Emitted by Waterway Transportation. Journal of Geoscienceand Environment Protection, 4(06), p.123.
  • Font, X. and McCabe, S., 2017. Sustainability and marketing in tourism: its contexts,paradoxes, approaches, challenges, and potential. Journal of Sustainable Tourism, 25(7),pp.869-883.
  • Gmelch, S.B. and Kaul, A., 2018. Tourists and tourism: A reader. Waveland Press.Hodgkinson, D. and Johnston, R., 2016. International Air Carrier Liability: Safety andSecurity. Routledge.
  • Hunt, G., 2018. Health and Safety Pocket Book.Routledge.
  • McKendrick, E., 2014. Contract law: text, cases, and materials. Oxford University
  • Poole, J., 2016. Textbook on contract law. Oxford University Press.Press (UK).Publishing.
  • Rodger, B.J., 2015. The Consumer Rights Act 2015 and collective redress for competition law infringements in the UK: a class act?. Journal of antitrust enforcement, 3(2), pp.258-286.
  • Rothwell, D.R., and Stephens, T., 2016. The international law of the sea. Bloomsbury
  • Southwell, B., 2015. licensing act 2003-apply for or vary a premises license.
  • Tiwari, S. and Chatterjee, S., 2017. Ecotourism in protected. Research Journal ofAgriculture and Forest, 5(1), pp.1.