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Legislation for Travel and Tourism Sector

University: ICON College of Technology and Management

  • Unit No: 8
  • Level: Undergraduate/College
  • Pages: 15 / Words 3668
  • Paper Type: Assignment
  • Course Code:
  • Downloads: 248
Question :

This assessment will cover certain questions which are like - 

  1. Elaborate the effective legislation and the law-making program.
  2. What are the laws and the application in the functioning of traveling areas.
  3. Give the ethical practises and the concepts in relation to growth.
Answer :

INTRODUCTION

Tourism is one of the key industries under world because it contributes more than 10% in international economic output. It gives its contribution towards enhancing an economy of country. In this present time period, travel and tourism sector has been more enhanced. Large number of persons is travelling from all over the world. Under this mention report will be discuss about the sea, air transport and surface law in context to carriage passenger with in regulatory and legal framework (Guttentag,  2015). Consumer protection legislation in addition to travel and tourism consumers will be discussed here. There has been discussion about the Corporate Social Responsibility policy of particular business of travel and tourism.

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TASK 1

1.1 Legal and regulatory framework of the travel and tourism sector

Legal framework refers to wider system that includes rules which are governed as well as regulated decision making, laws, agreement and many others. In this present time period, tourism industry is enhancing day by day and now it s big economic sector. In context to this, for tourism regulation, there are different legal framework established. Rules and regulations are different from one country to another.

Travel and tourism industry of United Kingdom is regulated through Association of British Travel agents. It overlooks towards the issues such as bookings, insurance etc.  And also solve them in a proper manner. Under this, an association regulated process of bookings, travelling processes and code. Main purpose of this sector is to safety of visitors and prospective consumers. There are different kinds of laws mention below:

Carriage through Air and Road Act 1979-

Carrier is every one included in order to carrying the passengers through road or air. In case of any carelessness or passenger dies, this law applies.

Criminal law-

For the travel and tourism industry, main focus of this law is on maintaining structure of tourism sector or society. It focuses on protecting duties as well as rights of visitors along with the tour operators (Whitfield and Dioko, 2012). If there is any regulation and laws are breached then it will be unfair conduct will be fined along with charged in criminal law.

Civil law-

In Travel and Tourism Sector, focus on the civil law on deriving equality in society for the visitors and non- tourists. It regulates operations of different contracts that entered in through parties in travel sector along with provide the compensation, if contract breach.

Health and Safety Commission-

The main aim of commission at driving safety advantages to public as well as staff members which are working in tourism sector. It makes duty of occupier for maintain premises in a safe manner to assure security of staff members. Under this, managers provide appropriate hospitable environment as well as equipments in order to maintain cleanliness of premises.

CAA (Civil Aviation Authority)-

The main work of CAA is to protect customer from any damage or loss suffered in air. It provides advice to government in problems which is concerned to aircraft. Its main work is to carried out scientific investigation in averment affect of aircraft.

Safety law 1974:

This Act sets out the appropriate duties which employers have towards employees and members of the public, and employees have to themselves and to each other.In the sector of trave and toursim safety is the potential consideration of an oranisation. it is required for an organisation to consider all the safety norms in respect to ensuring about the safety and security of the people and employees.

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

Transportation mode use at the carrying visitors from one place to other the responsibilities of carrier are stricter in case of injuries and safety during transport. In order to travel the people, travel and tourism sector uses the air, land and sea and these all are different in nature. Various modes of transportation are mention below:

Air law-

Under this, rules related to documentation as well as international carriage are explained through “The Warsaw Convention of 1929”. If in case passenger is dead then right to claim and compensation are also covered in this law. On the other hand, there is also another air law “The Five Freedom Agreement of 1944” covers all regulations and rules concerned with landing across the territory for the non- traffic, cargo, passenger landing and traffic (Swanson and Edgell Sr, 2013).

Surface law-

This legislation is governed through “The International Carriage of Passenger by Road Act, 1979”. This law protects rights of visitors on board. All claims are concerned to mental disorders and physical damages of visitors are taken care through this legislation. In addition to this, loss of tourists is governed through “Carriage by Railway Act, 1972”.

Sea law-

Under this, shipping security and safety is covered and there is an environmental factor that is regulated through this legislation. The safety of passengers is necessary for travel and tourism sector. Under “The International Convention for the Safety of life at Sea (SOLAS)”, sea craft at least 13 passengers are concerned to life guarding as well as fire safety equipments are covered.

TASK 2

2.1 Impacts of the principles of health, safety and security legislation on the travel and tourism sector

Legislation helps in regulate tourist development through introducing unified practices criteria through identifying obligations as well as rights of people which are included in tourism sector.     In order to maintain the safety, employer and employee both plays a necessary role. The main aim of health and safety regulation is to assure that the working environment at workplace should be secure and safe (Scheyvens, 2012). It is a duty of manager to provide the safe working environment to staff members so that they can feel more comfortable and focus on attaining their set objectives and aim within given period of time. In context o travel and tourism sector, aim of United Kingdom country is to give safe accommodation and some other services through setting liabilities and duties of destination authorizes and also travel providers.

According to Health and Safety at Work Act, 1974, employer should be take care about the health and safety of its staff members. In travel and tourism sector, employer should take care the health of tourists, employees and the service providers. In context to this, it is complex for the travel and tourism  sector where by consumers as well as employees face some difficult condition when they are not comply with safety regulations. It is necessary that staff members, visitors and other people should support safety related regulations at workplace. When people are travelling then their safety is more important.

Under this, training plays a necessary role for enhancing skills, knowledge core competencies of employees. It is a responsibility of an employer to provide the proper training to all employees to assure safety of people at the time of journey or in premise (Hall, Gossling and Scott, 2015).  Behind the safety of staff members as well tourists, legislative bodies and management all are responsible. In addition to this, health and safety legislation states that the main roles and responsibilities of management are to handle all emergencies which are explicit. In the travel and tourism sector, it is right of staff members are to be insured of safety on premise.

According to Occupier’s Liability Act, 1984, it is necessary that occupier of premises in Wales and England undertakes maintenance of premises as well as safety precautions to assure safety of tourists. This legislation states that tourists may be temporary or permanent which are to safeguard against any possible harms and damages that can cause from security breach. So, it is necessary that travel and tourism sector should follow all the legislations as well as regulations which are developed through government of United Kingdom.

2.2 Legislation that relates to equality

It is necessary that all employees should be treated at workplace equally. Employers are needed to assure that staff members are treated in an equal manner in employment. Under the tourism sector, the main aim of equality legislation is to providing the equal opportunity to staff members along with visitors to better services in sector (Gössling, Scott and Hall, 2013). The legislation in tourism sector instruct tourism employees to treat each person equally in terms of providing services, goods irrespective of gender, disability, age etc. There are different legislations related to equality mention below as above:

Sex Discrimination Act, 1975-

It is necessary through manager to assure that staff members are not being discriminated that are based on the gender. Women, men and other gender shall not be denied or opportunity in context with any kind of circumstances to general strata of firm. It is necessary that women and men should be treated in an equal manner.

Employment Protection Act, 1978-

It is necessary through manager to assure that employment is to be present in the form of written and also provide through end of the 13th week of employment. Documents should contain proper details of employment for an instance pay scale, dismissal, date of joining, terms and conditions of employment etc. Under this, roles and responsibilities of employees also mentioned in a detailed manner.

Disability Discrimination Act, 1955-

It is necessary that employer should not be discriminate on the basis of disability of an individual. Disable person should provided chance equal to able person on order to perform any task.

Equality Act, 2010-

This act regulates equal treatment of the staff members and citizens through simplifying legislation while neglecting the inconsistencies. It is necessary that employer should provide the wages or salary to employees on the basis of their capabilities and working performance. Manager should treat all staff equally (Smith and Puczkó, 2014).

The main aim of all equality legislation is to assure that each person is able to treat equally when apply job and also retain at workplace. In context to tourism sector, service providers and the tour operators should consider each aspect of visitors at the time of offering its services to assure that they are comfortable and also treated in equal manner.

Recruitment management is set of tools which is designed to manage recruiting process. Areas of law affecting in recruitment and selection includes right to work in UK, discrimination, data protection, criminal records checks. It helps in regulating relationship between employees and employers. While recruiting staff, superior should understand and keep up to date about legal obligations, selection procedures and sure of recruitment.

TASK 3

3.1 Contract legislation in relation to travel and tourism customers

Contract refers to legal relationship among two or more than two parties for services and products in an exchange of the consideration and also enforceable through law. Each travel and tourism firm is biding a contract with customer setting payment details of services and payments. Contracts are important to be precise and thorough. In this, valid contract is formed among parties on the basis of acceptance as well as contract offer of similar as presented. Those parties which want to enter in contract have same intention. It is necessary that breach of the contract should met with any kind of damages claimed through parties to contract alas well as not third party. In a contract, rights as well as duties of parties are already mentioning in contract. Contract is to be enters in form an offer made through offerer to offeree.

In context to travel and Tourism Company, there is binding contract for every travel firm for consumers related to charges along with services are provided through firm. There are some terms and conditions of travel organization are attached on contract for an instance arrival, cost of stay, departure, duration and many others (Lunt, Mannion and Exworthy, 2013). There are some elements related to contract mention below as above:

Offer-

It refers to statement and according to this offer is ready for accepted through an offeree. It is created through offeror to an offeree. There should be presence of two parties along with situation to accept an offer.

Acceptance-

Under this, an offeree is ready to be accept an offer that been made. in context to holiday contract, it will amount of buying product or service after discussion in detailed manner with travel agent.

Capacity-

It explains to capability for enter in legal contract. It refers to capacity as possess age majority, intent free of any duress and soundness of mind. It is a necessary aspect in holiday contract as it needs customer to declare age (Hall, Gössling and Scott, 2012).

Consideration-

It is necessary that contract should be valid under certain consideration amount is needed to finish acceptance. In addition to this, without consideration of any contract that will be just agreement not to be binding through legislation. In holiday contract, charges of holiday through travel agent will be considered as consideration.

In travel and tourism, contract law has made the traveling safer as well as easier for visitors. Through this, visitors will feel comfortable and safe while traveling.

There are some acts related to contract legislation in travel and tourism mention below:

Consumer protection act, 1987-

This cat prohibits to misleading the cost indication to consumers. It consists misleading to cost of all services, accommodation, products and facilities. The price will be mislead when consumer pay more than the given cost.

Trade description ACT, 1968-

It is a necessary act for people which are suffered from any kind of misleading descriptions. It imposes personalities for providing any false statement  to consumers. Under  this, penalties are provided to tour operators in travel and tourism when they are misleading their consumers.

Data protection Act-

In the travel and tourism sector, it is a responsibility to company to safe and secure the the information and data of travelers and it should be comply with this act and also cover effective use of information is held about the staff members.

Contract law-

It is an act that is enforceable through law. It is related with the promises which constitute part of agreed exchange.  In this, it is necessary to remember that when holidaymaker book any package related to holiday by travel agents then there should be a proper contract among travelers and tour company.

3.2 Consumer protection legislation in relation to travel and tourism customers

Consumer protection legislation refers to protect interests and rights of customers from being it violated in hands of travel agents as well as business firm. This law needs company to encourage along with protect tourism in sector. It is essential that tour operator should provide the competitive pricing along with facilitate the participation of customers. Relationship among suppliers, tour operators and visitors is important relationship needed to maintain through protecting interest (Medlik, 2012).

On the basis of Warsaw Convention of 1929, right of visitors is to be supported for making claim for the damage or injury caused during travelling. On the other hand, the Trade Description Act of 1968 prohibits mislead as well as false indicator if cost of services, accommodation and products. In context to this, it is a responsibility of Trading Standard officers to check following:

  • Offer of supply or supply to which the false trade explanation has been implied.
  • False description of trade through provider.
  • Making the false statement regarding provision of any kind of facilities, accommodation r services.

It is necessary that tour operator should be lawful accountable for dealers. Under this, consumers are following any kind of grievances concerning the rudiments as component of recreational packages with tour operator.

Consumer Protection Act, 1987 states the duty of providing parties and rights of customers. It is a right of producer to provide the necessary information n product s mentioned through safety ad health legislations of country. In context to this, it makes provision for problems such as unfair business practices, fraud and liability of product.

The Package Travel Regulation, 1992 assure miscommunication that shall be corrected at end of service provider in order to making the required agreements. It offers less need for contract to be holiday contract.

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TASK 4

4.1 Ethical dilemmas faced by the travel and tourism sector

Ethical dilemma refers to decision making problem among two moral imperatives, which are acceptable or not. Under this, difficult nature of Travel and tourism sector is due to fact that there are many factors which are developing as well as required to be regulated. Factors for an instance management, hospitality and many others which are found dependent on some of the other factors but also still independent on another (Chuang and et. al., 2014). It is necessary that travel and tourism sector should develop the value relationship as well as meet with the differ requirements of potential and current consumers of travel and tourism. In addition to this, there are some dilemmas in travel relate to the cross cultural nature. Political instable or unrest of government in many countries such as Syria, Russia etc. tend to impact on travel and tourism sector. Unfavorable and also negative situation of these countries hinder development and the government of this sector.

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On the other hand, cultural and social components also impact on the travel and tourism according to communities and societies of tourist destinations, consumers are categorized according to their age, income level, economy etc. United Kingdom and USA countries have strong economies which are guided through the regulations and rules of the tourism such as lengthy paper work and document for the visit permit. In addition to this, dilemma impacting the travel and tourism industry generally revolve corruption, sexual discrimination, harm to the natural resources, unhygienic food etc. Other than this, enhance number of the child labors use for employment purpose in the developing countries. This type of employment in the form of cleaners, workers, helpers and many others (Singh, 2012). Enhance in the unemployment rate, lack of social security and poverty are also the main reasons behind developing child labor in all over the world.

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

Corporate Social Responsibility refers to management concept where organizations integrate the environment as well as social concerns in business interactions and operations with stakeholders. It can be understand by which the firm attain economic balance, social, environmental imperatives while at similar addressing stakeholders along with shareholders expectations, Corporate Social Responsibility is underpinned through an idea that has no longer act as to isolated economic entities t operate business from wider society. 

Under this, business of tourism set its objectives in order to conserve environmental as well as heritage towards delivering the Corporate Social Responsibility. Its main objective is to preserve natural resources and also encourage the travel and tourism sector. On the other hand, CSR consist protect the endangered wildlife and also promote the cost efficient rates to customers of travel and tourist for take care of “cultural and ethical values”. In context to British Airways, it deals in the airline company in United Kingdom as well as biggest airline sector that is based on the international flights, international destinations and fleet size. This airline is based on the Waterside near and its main hub is in London Heathrow Airport. British Airline generate the economic value through meeting demands for the travel business through providing necessary arteries for investment and trade along with offering the travelling opportunities for visitors (Day and Cai, 2012).

These are some other reason to British Airways to engage in the Corporate Social Responsibilities. First, it is an effective tool to attain the long term strategic aims of firm in providing the better development opportunities. Second is to make improvement in the efficiency of business along with minimizing cost by energy as well as waste programmed which are provided strong business case to corporate social Responsibility.

CONCLUSION

It has been concluded from above mention report that legislation and ethics plays an important role in travel and tourism industry. Government in United Kingdom developed many laws to protect rights of employees. It provides the equal opportunity to the visitors along with staff members. In this given report studied about different legislations related to equality. Impacts of safety, security and principles related legislation on travel and tourism sector has been discussed here. There has been studied about the law related to consumer protection on context to travel and tourism industry.

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