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LEGISLATION AND ETHICS IN TRAVEL AND TOURISM SECTOR

Introduction

This is important to maintain a proper legislation for travel as well as tourism sector which could guide the sector in a definite manner. However there are different kinds of laws as well as regulations which the authorities should be considered in order to grow the tourism market without any kind of constraints under different circumstances. Though according to most of the researchers this is not an easy task to get some idea regarding law as well as tourism at the same time and this is also quite complicated. There could be different legislations which is actually consisted within the concept of tourism as well, such as, ATOL, IATA, ABTA as well as CAA in this situation.

Discussion

LO1 

Thus for a market researchers this is important to possess some information about these different legislations under this context. These numerous regulations could be, such as,

  • IATA

IATA defines the “International Air Transport Association” which itself is a trade association for the overall airlines throughout the world. This governing body has currently 290 airlines which actually represents 117 countries in this situation (Zheng et al. 2018). Headquarter for this governing body is in Montreal, Canada whereas the executive office in Switzerland, Geneva. This trade association therefore has been started its operations in the year of 1945 in Havana. 

According to IATA there should be a fixed structure for fare in order to avoid any kind of price competition. However this has been found out that there could be some positive implication as well as negative implication of this governing body. The different positive implications could be,

  • IATA always tried to maintain the safety for both their member airlines as well as passengers as their first preferences
  • The overall airline business has been simplified through different practices by the IATA. In accordance with this they have introduced “Simplifying the business” which has been started on the year of 2012. Through this practice E-Ticket as well as boarding pass with bar code has been introduced to the passengers
  • IATA always tried to sustain its environment by use the fuel in an efficient manner as well as through carbon emission
  • On the other side consulting as well as training services have been provided by IATA under different circumstances

Again there are some negative implications of IATA also which has been faced by them for quite a long time (Bendell and Font, 2016). These native implications could be, such as,

  • According to IATA, the global industry for air transport has been downgraded in the year of 2019 due to lack of demand
  • The net profit post tax has been declined a per IATA in the year of 2018 which was estimated by them around 30 (Billion) (USD)

ATOL

ATOL defines different practices by “Air Travel Organizers’ Licensing” which is actually a scheme by CAA in order to protect the passengers financially that have actually purchase any package holidays or operated through a tour operator. However most of the key tour operators within the UK are governed by ATOL and they are also bounded to hold the ATOL license in order to legally sell their air travel.

However there could be some positive implications as well as negative implications through which ATOL has been operated under different circumstances (Bitner and Booms, 2018). These different implications in this situation could be, such as,

  • It provides license to operate in a legal manner to the air travel firms that is based on the UK
  • Through this legislation tourists could get the protection financially regarding their air travel as well as if they travel through any tour operators
  • They have enforced in the year of 1973 with a proper viewpoint towards the travel as well as tour operators and packages
  • On the other side if any tour operator couldn’t get any license from ATOL then they can’t work in a legal way thus this could create a negative impact within the industry
  • ATOL doesn’t always provide the safe environment to the tourists regarding their tour packages
  • CAA

CAA as well as Civil Aviation Authority could be considered as the statutory corporation based on which different aspects could be regulated across the overall civil aviation within the UK (Buckley, 2017). There could be different responsibilities that have been approved by the CAA which is considered as the positivity of the body. These responsibilities could be such as,

  • CAA could be responsible for the issuing the license of the pilots as well as equipment testing
  • Based on the viewpoints of CAA security standards could be regulated across the aviation industry
  • Practice the scheme for national protection for the passengers as well as customers 

Though CAA provides several opportunities to their members as well as passengers, sometimes failure in the telecommunication industry as well as training establishment could create a negative situation for this governing body.

ABTA

They have considered as the travel association body for British travel agencies through which it would be possible to deal with the tour operators as well as travel agents. This governing body tried to maintain very high standard as well as regulate all the tour operators through the UK.

  • Roles and Regulatory powers

There are some regulatory powers through which arbitration services like any kind of consumer disputes could be submitted (Cîrstea, 2018). Also some code of ethics as well as conducts could also be practiced under different circumstances. These could be,

    • The act of consumer protection could protect as well as save their consumers from any kind of unfair trading regulation
    • Through the legislation of health and safety, the risk regarding consumer’s health could be easily decreased
  • “Legislation act, [2003]”
  • “The act of data protection, [1998]”
  • “The act of Sexual Offence”
  • Structures

There could be different kind of courts through which travel sectors could operate as well as apply if there is any kind of dispute. These different courts could be,

  • “The Magistrate court as well as Court of Appeal” could deal with the mostly any kind of criminal offence or civil case
  • “Country court” could deal with the land related cases
  • “High court, Supreme Court as well as constitutional court” could deal with the criminal as well as consumer dispute and this cases could consisted of barristers as well as solicitors
  • “Crown court” could deal with the suits of the criminal cases
  • Solicitors could provide several legal advice as well as support to the clients against the tour operators as well as tour agents (Hall, 2019)
  • Barristers could easily represents the organization as well as customers within the court
  • 1974, The Road Act

This act could describe as the regulations as well as law which is related to any kind of liabilities as well as rights of the passengers regarding their carriage as well as luggage by the road under some definite contract. However there is some acts which has been established in this context. These could be,

  • “1979, Air and Road Act (Carriage)”
  • “1974, Athens Convention (International Carriage)”
  • “1979, Air and Road Act (International Carriage)”

Some Protocols as well as conventions regarding Air Transport could be, such as,

  • “Warsaw, 1929”
  • “Hague, 1955”
  • “Montreal, 1975”
  • “Denied Boarding Compensation Schemes European Union (1997)”

LO2 

Introduction

Different legislations as well as regulations could help the travel agencies as well as tour operators through which travel business could operate without any kind of constraints (Hasan and Abdullah, 2018). These regulations therefore could help the tourism industry to operate in a way which is properly supported by the law under different circumstances. Not only regulations as well as legislations are important for tour operators or tourism industry but also it is helpful for customers as well as tourists regarding their carriage, health as well as safety under different circumstances. This overall situation therefore could be able to depict some rules as well as regulations which could support this overall report with a proper justification.

Discussion

Health and Safety Act, 1974 (Work)

This act is an important one for the people who are continuously working on different work. However a proper example could be given in this situation where if a sport person is playing tennis or football, then this is important to maintain his or her safety and it comes under this act (Heung et al. 2019). Thus the different implications could be,

  • Based on this act people could easily maintain the safety, health as well as welfare of the employees as well as administrators at the workplace
  • This act therefore easily protect the employees who take risks at their place of work and secure their health conditions
  • Through this act atmosphere emission could easily be controlled under different circumstances
  • However sometimes this act can’t also protect the employees at their workplace hence could create a negative impact

Act of Occupiers Liability, 1984

According to this law a duty could be imposed who could trespass or visit the premises without any kind of permission. This situation therefore sometimes could be considered as the criminal offense at the workplace. Thus this law could help the people to protect their any assets as well as land by prevent the visiting their place without any kind of permission. 

Data protection act 1998

It is very much essential for the researcher to make plans for protecting its data from any unknown party. This type of data is mainly designed for protecting personal data that is stored on the computers. According to this act the top management of organization can focus on making proper and improved plans for protecting and saving the data within limited period of time. This act is mainly used for attaining the goals and objectives within limited period of time.  

Duty of care

This law has been considered the law under Trot law where legal obligation could be imposed on the individual as well as people with whom there will be no familiar relationship with other party (Hojeghan and Esfangareh, 2018). Thus in this act of duty of care there will be two parties and between those two parties there wouldn’t be any kind of familiar as well as direct interrelationship. 

Vicarious liability

This act has also comes under the trot act. It defines the liabilities that have been taken by the superior for the act of their subordinate as well as any other third party. The employer and employee of any kind of organization could be a great example for this act.

Act of sex discrimination, 1975

This is important for the people as well as any kind of community to practice this act in order to refine the society. Modern society sometimes discriminate among the male as well as female and the female persons whether they are home maker or employees is underprivileged most of the time. Thus this law could help them to secure their position within the society (Jackson and Barber, 2015). On the other side, sometimes there are some political leaders who could misuse this law. According to this act it is very much essential for the top management of any organization to provide equal job opportunities to male and females. This means there should not be any discrimination done with the female employees rather focus can be laid on offering equal benefits to them. If the organization is successful in doing this than it can lay positive impact on this functioning. This is because its workforce will be more satisfied and chances of conflicts will be easily reduced. 

Act of Race Discrimination, 1976

This act has been practiced since 1976 under UK Parliament in order to control the discrimination regarding racism throughout the society under different circumstances. There should not be any discrimination done with the employees on the basis of their race or creed. Focus can be laid on providing them equal opportunities, so that work can be easily completed in an organization. 

Consolidation act of Employment protection, 1978

This act tried to protect several responsibilities as well as rights of the employees within their organization. Employee insolvency, several employee benefits could come under this act. There are different kinds of rights and values that can be taken into consideration for providing better satisfaction to the employees within limited period of time. 

Act of Disability discrimination, 1995

Based on this act any kind of discrimination of any disable person could be prevented. If a disable person wants to rent a property then tenant should make that property with disability adapted. As per this act there should not be any discrimination done with the disable person working in an organization. The top management can focus on providing safe and secure environment to these type of people so that they do not face any kind of difficulty while working in an organization. 

Employment Act, 2002

Any kind of dispute at the workplace, equality among the employment, equal treatment of every employees as well as family-friendly workplace could be practiced under this act and every organization has been bounded by this law. According to this type of act it becomes the duty of management to provide equal chances of growth opportunities to its each and every employee. This act will also enable the management in forming proper and positive relationship with its workforce. 

Act of Human Rights, 1998

Through this act human rights throughout the UK as well as European countries could be practiced under different situations. According to this act different innovative plans and strategies are made for the overall development of the individuals. In this type of act major focus is laid on treating each and every individual as equal and providing them equal opportunities for their growth. It helps in providing justice to individuals in case of any mis-happening. The functioning of TTM will be directly affected by this act if proper plans and guidelines are not made for the overall development. This means if the top management of TTM is successful in making proper and innovative plans according to human right act than better satisfaction can be provided to the individuals and chances of their overall development will also be directly increased. 

Conclusion

Thus this has been found out that practicing these several laws could help the overall workplace as well as societies to operate in an efficient manner (Masson-Zwaan and Freeland, 2017). This different laws as well as regulations could support not only the employee’s work but also their welfare as well. It is very much essential for the top management of any organization to make future plans according to these acts. By doing this better and proper support to the employees can be given and chances of dis-satisfaction can be reduced. By following the laws and regulations imposed by the government of a particular country the organization will be able to improve its current and future condition within limited period of time. 

LO3

  • Contract Law

A certain and specific contract might be illustrated as significant relationship that is abided by law and legal authority in between two or more certainly defined parties in context of goods or services with exchange of existing consideration, which is highly enforced through law. Therefore, in this regard, it can be said that each and every travel organizations have specific contract binding with customers with the set out detailing of services as well as payments and any monetary transactions (Ryabinkin, 2018). Thus, in below certain standard and essential components in relevancy with the contract of travel and tourism of UK is defined. These are as follows:

  • Offer: This is certain statement used for informing that defined offer is ready or prepared in order to be accepted and granted by offeree. Therefore, it can be easily understand that statement of offer is prepared by offeror for the offeree. It should include the existence of two specific parties along with certainly defined condition for accepting or granting the offer that is presented. For example; staying in a hotel, it must be clearly defined in offer statement and offeror and offeree should be presented as offeror should present the offer of staying in a hotel, which needs to be accepted by the offeree and after that, the overall process of offer would be successfully executed. 
  • Acceptance: When the offeree is prepared for accepting the offer that has been made, then it is called as acceptance. For example; within a certain holiday contract, acceptance amounts certain value for purchasing the product or availing the service offer following a broader discussion with travel agent. 
  • Consideration: The term consideration indicate towards a certain contract, which is required to be valid by having specific consideration amount in order to successfully execute the acceptance process. Without having specific consideration, each and every contract must be any unspecified agreement without abided by law. For example; in a contract for holiday, charges of the holiday by the agent should be mentioned against the offer presented by him, as it would be specified as consideration. 
    • Certainty: The term certainty refers to specific rules as well as terms and condition of the contract, which should be clearly defined and have commonality for both parties otherwise it should not be considered as valid. For example; miscommunication for staying preferences in a hotel between two parties would not provide commonality of terms and conditions by eliminating the certainty of contract of holiday. 
  • Capacity: Capacity refers towards certain ability of entering within a contract that has legal validity. More specifically, legislations demonstrate the term capacity as for possessing age majority as well as soundness of mind (Whittaker, 2018). For example; in a contract for holiday, mentioning and clearly defining the requirement that the consumer is minimum 18 years old, is considered as the major capacity. 

On the other hand, “Contracts of Supply of Goods” refers that consumer can anticipate rational “state of goods or services” facilitated with regard to care as well as skills. Thus, when certain contract is formed for certain accommodation, then for example; hotel room needs to be in decent form or condition with compliance with abiding by “standards of health and safety laws”. Therefore, it can be said that a certain contract for holiday would have following conditions:

Figure 1: Conditions for a Holiday Contract 

Moreover, the terms and conditions between two parties should hold the commonality by having following terms;

Figure 2: Elements of Common Terms and Conditions 

Thus, it can be said that “Law of Contract in context of UK Travel and Tourism Sector” has formed the safer travelling opportunities for tourists. 

  • Trade Description Act, 1968

Legislations of consumer protection aim at protection of interests and rights of consumers against violations of business organisations as well as manipulation of travel agents (Wong et al. 2019). On the hand, “The Trade Description Act, 1968” restricts misleading or false indication towards goods and services prices along with accommodation and other services related to it. Thus, as a whole, it certainly sets out responsibility or liability of “Trading Standards Officers” for checking the following aspects;

Figure 3: Factors to Be Checked by Trading Standards Officers

Moreover, in this context, it can be said that if within holiday travel if services are not included or given by operator of the tour then consumers has the following rights to incorporate and initiate;

  • Policy of packaged tour might be used in helping consumers in having charges against travel agents. 
  • If consumers are not contented in accordance with holiday package tour then, they have the right to consider travel law for getting their lawful rights regarding specific matter (Yun, 2019)
  • As per rule 4, no tour operators are eligible to give deceptive information to their consumers. 
  • Consumer Protection Act, 1987

“Consumer protection Act, 1987” helps in protecting the rights as well as interests of consumers. The producers are abided by the legal obligation duty and responsibilities towards consumers. 

This act further protects consumers’ rights in following terms;

  • Any malpractice 
  • Unsafe goods or services
  • Developing legal authorities

However, significantly, this law has been replaced by “Unfair Trading Regulations, 2008” (CPR)

  • The Package Travel, Package Holidays and Package Tours Regulations 1992

“Package Travel Regulations, 1992” ensures miscommunication should be rectified at end of service provider on the basis of formulating essential arrangements. More specifically, it explicitly facilities with minimal requirements of contract that needs to be turned into certain well defined and constructed holiday contract. Thus, in order to make it validation, this should involve facilities more than two or above in terms of; transportation, accommodation or any other specific tourist services. (amazonaws.com, 2020)

LO4

Business Ethics, Importance, Responsibility and Employment Ethics in Finance and investment 

Business ethics is focused on specific constitutes that are required for judging right and wrongful behaviour and approaches in the world of business in everyday transactions. Moreover, it can also be seen that both finance and investment is the two main aspect of business that requires higher constitution of ethical obligations. In finance and investment ethics incorporated as legal norms that further encompasses truthfulness, integrity as well as rationality and fairness in each and every transaction related to monetary valuation. It is very much essential for the management of International Air transport authority to make proper plans and strategies for managing its CSR polices. by doing this organization will be able to sustain in the market for longer period of time and best use of available resources will also be done. 

Importance  

Importance of business ethics in finance and investment can be interpreted as higher standards of ethics of business within the scope of finance and investment sector is mostly crucial for maintaining public and stakeholders’ trusts in context of financial markets as well as in profession of investment. Moreover, business ethics in the scope of investment aspect helps in prohibiting public’s interest from the misleading concept of speculation. Thus, it not only provides fairness in terms of monetary business transactions but also enhance the robustness of global capital market as well as engagement of people by ensuring the efficiency of autonomy. 

Responsibility 

Responsibility of business ethics in scope of finance and investment can be seen through its significant and intense role in the business world. Therefore, the major responsibility of business ethics in finance and investment is to maintaining the objectivity and independency along with the autonomy of financial and investing activities (Buckley, 2017). Moreover, by protecting the values of accounting professions as well as incorporation of accounting and financial standards, guidelines, it also plays pivotal role. Apart from that in context of financial services, ethics have major responsibility towards auditors, management advisory and internal control management system.  The organization aims at using its financial resources for forming proper and adequate CSR polices for the future course of action. For example authority aims at using its financial resources for keeping its environment clean. 

Employment Ethics 

Employment ethics refers to certain set of principles for forming rules of conduct by targeting specific group of people working within the sector. Thus, in case of finance and investment activities and services sector, employment ethics would evolves through the internal people related and included in it such as; executives of management department as well as employees at each level of hierarchy. In this context, one thing that required to be mentioned is that employment of auditors play pivotal role as they have equivalent responsibilities towards maintaining ethical norms just like the personnel included in management level. Different innovative plans and strategies are made by the organization for offering equal work opportunities to its employees. 

Advertising Ethics and Green Issues in Business

Advertising Ethics 

Ethics of advertising indicates towards certain well defined principles that regulate ways of communicating that takes place in between the buyer and seller. Moreover, in accordance with this, it can be said that ethics is significant in advertising sector as through the act of ethics within advertising process, business organisations are becoming responsible for needs of consumers. Moreover, it also helps in protecting the morality and rights of customers. (mallenbaker.net, 2020). Ethical and proper advertising strategies are implemented by the organization for attaining the goals and objectives in proper manner. 

 Green Issues

The term green issues refer to environmental issues or problems such as; global warming, air pollution, acid rain, waste disposal, water pollution and climate change (Hall, 2019). Each of the issues has intense negative impact on animal as well as human and entire nation of the planet Earth. However, in present days, the rapid enhancement of modernisation and globalisation in business world has resulted in the increasing level of these issues by resulting in drastic change in environmental growth turning it into having green issues, where the level of greenery on the planet Earth is rapidly decreasing with the increase industrialisation. The organization aims at reducing the chances of environmental issues for the future course of action. This is mainly done by using latest technology that causes less pollution in the environment. 

Ethical Consumerism, Environmental and Social Auditing, Code of Practice and Corporate Social Responsibility 

Ethical Consumerism 

Ethical consumerism refers to specific terms that define certain form related to activism of politics on the basis of premises, which buyers within the market consumes goods along with the process of producing them implicitly (Bendell and Font, 2016). Thus, from the viewpoint of ethical consumerism, consumptions highly indicate towards specific political approach or act, which has the ability of sanctioning values personified within manufacture of product. 

 Environmental and Social Auditing

Environmental audit means a certain type of audit that specifically evaluates to intend for identifying compliance with environmental aspects as well as gaps in implementation of management system. On the other hand, social audit refers to certain way of measuring as well as reporting and ultimate improvement of business organisation’s social as well as ethical performance. 

Code of Practice 

Code of practice is certain rules that are set as written that defines the way people needs to behave in their particular working profession. Thus, development of code of practice includes ethical norms and principles by considering workplace behaviour as well as fairness, rationality and integrity. In a nutshell, developing code of practice helps in building unprejudiced working environment. 

Corporate Social Responsibility 

Corporate Social Responsibility (CSR) is one of the most popular term that is commonly used as type self regulation within the scope of global private business sector. It commonly aims at contributing towards social targets and goals with integration of ethical practices within the organisation. More specifically, CSR practices help the business organisations and involving management to be accountable towards the overall society along with itself as well as stakeholders and public. (mallenbaker.net, 2020)

Conclusion

Moreover, it can also be found that each and every travel contract holds specific terms and conditions attached along with it that is in terms of destination place, timings of departure and arrival as well as staying cost and duration of travelling along with the details of accommodation if required. However, on the other hand, it can be said that on the failure of communicating the defined terms and conditions, consumers have the right to withdrawing from the contract at any time and any cost.

Reference list

Books

Zheng, Y., Lai, K.K. and Wang, S., 2018. Forecasting Air Travel Demand: Looking at China. UK: Routledge.

Journals

Bendell, J. and Font, X., 2016. Which tourism rules?: Green standards and GATS. Annals of Tourism Research31(1), pp.139-156.

Bitner, M.J. and Booms, B.H., 2018. Trends in travel and tourism marketing: The changing structure of distribution channels. Journal of travel research20(4), pp.39-44.

Buckley, R., 2017. A framework for ecotourism. Annals of tourism research21(3), pp.661-665.

Cîrstea, Ş.D., 2018. Travel &Tourism Competitiveness: A Study of World’s Top Economic Competitive Countries. Procedia Economics and Finance15, pp.1273-1280.

Hall, C.M., 2019. Tourism in Antarctica: activities, impacts, and management. Journal of travel Research30(4), pp.2-9.

Hasan, A.A. and Abdullah, N.C., 2018. Tourism Industry Compensation Fund (TICF) in Malaysia: Some Legal and Policy Considerations. 2014). Theory and Practice in Hospitality and Tourism Research, CRC Press (Taylor & Francis Group), pp.217-223.

Heung, V.C., Kucukusta, D. and Song, H., 2019. Medical tourism development in Hong Kong: An assessment of the barriers. Tourism Management32(5), pp.995-1005.

Hojeghan, S.B. and Esfangareh, A.N., 2018. Digital economy and tourism impacts, influences and challenges. Procedia-Social and Behavioral Sciences19, pp.308-316.

Jackson, L.A. and Barber, D.S., 2015. Ethical and sustainable healthcare tourism development: A primer. Tourism and Hospitality Research15(1), pp.19-26.

Masson-Zwaan, T. and Freeland, S., 2017. Between heaven and earth: The legal challenges of human space travel. Acta Astronautica66(11-12), pp.1597-1607.

Ryabinkin, C.T., 2018. Let there be flight: it’s time to reform the regulation of commercial space travel. J. Air L. & Com.69, p.101.

Whittaker, A., 2018. Challenges of medical travel to global regulation: A case study of reproductive travel in Asia. Global Social Policy10(3), pp.396-415.

Wong, E.P., Mistilis, N. and Dwyer, L., 2019. Understanding ASEAN tourism collaboration—the preconditions and policy framework formulation. International Journal of Tourism Research12(3), pp.291-302.

Yun, Z., 2019. A legal regime for space tourism: Creating legal certainty in outer space. J. Air L. & Com.74, p.959.

Online articles

amazonaws.com, (2020), rules and regulations, Available at: https://s3.amazonaws.com/academia.edu.documents/978715/Coles___Hall_TF_Template_Word_Mac_2008_TEC_copy.pdf?response-content-disposition=inline%3B%20filename%3DRights_and_Regulation_of_Travel_and_Tour.pdf&X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Credential=AKIAIWOWYYGZ2Y53UL3A%2F20200104%2Fus-east-1%2Fs3%2Faws4_request&X-Amz-Date=20200104T115631Z&X-Amz-Expires=3600&X-Amz-SignedHeaders=host&X-Amz-Signature=ab488b92841b48d385500e37c913dcf9798366e7927bcd91c78f203efc93f144 [Accessed on 23.12.2019]

Websites

mallenbaker.net, (2020), CSR, Available at: http://mallenbaker.net/article/clear-reflection/definitions-of-corporate-social-responsibility-what-is-csr [Accessed on 23.12.2019]

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.

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