Download - Mariana constanda 4 legislation and ethics
Contents
Introduction......................................................................................................................................2
Task 1...............................................................................................................................................3
LO1.1 legal and regulatory framework of the travel and tourism sector.........................................3
LO1.2 application of transport law..................................................................................................5
Task 2...............................................................................................................................................6
2.1 legislation and regulation relating to health, safety and security...............................................6
2.2 analysis of the legislation of equality of workers and the tourists.............................................8
Task 3.............................................................................................................................................11
3.1 Contract terms..........................................................................................................................11
3.2 Legislation and Regulations....................................................................................................13
Task 4.............................................................................................................................................15
LO4.1 Dilemmas in tourism..........................................................................................................15
LO4.2 Corporate Social Responsibility.........................................................................................16
Conclusion.....................................................................................................................................17
References......................................................................................................................................18
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Introduction
The current report provides detailed information regarding the legal and regulatory framework of
the British tourism sector. This report mainly highlights the British legal and regulatory issues in
order to provide advice to the travel agency thereby advising them on ethical business that
influences a business venture. This report also aims at providing information regarding laws on
the surface transport, air and sea transport and meanwhile analyzing the advantages that the
passenger would obtain.
In addition to this, the report will also provide assistance to the entrepreneur by providing him
detailed information that would help him to make appropriate decisions.
The British system has no such legal and regulatory framework but it has a code such as ABTA
code conduct that includes certain issues related to the tourism, for instance, communication,
insurance notification, booking etc. when the question arises regarding the system of booking it
involves all the answers that a consumer requires. It includes methods of requirements or things
that happen during the booking period, it also involves processes related to booking etc. In the
tourism sector there are certain other associations that provide proper guidelines to the tourists
that make their tourism easy and comfortable. The above mentioned processes help in protecting
the rights of the consumers in British tourism.
The British law is divided into various other laws that are kept under one umbrella although the
laws are different. The British law mainly divided into environmental, shipping and air and space
law. The Travel association and other authorized bodies are being assigned with regulatory
powers they are also assigned with the responsibility of preserving the national recreation
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facilities such as garden, park, sport facilities etc. Furthermore, these bodies are mainly local
authorities.
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Task 1
LO1.1 legal and regulatory framework of the travel and tourism sector
The legal and regulatory framework that governs the travel and tourism industry is a complicated
one. There is no specific legal and regulatory framework given but code of conduct is being
established.
ABTA (Association of British Travel Agents):-ABTA is the largest travel association in UK
which was founded in the year 1950. Currently the association has 1200 members and 5000
shops and offices. As per code of conduct provided by ABTA, the Contents of this sector include
booking, travel, departure, communication and insurance notification. The process which
includes these contents should be carried out carefully in order to protect the rights of the
customers. The code of conduct of ABTA says that the consumer can get accurate information,
refunds of holidays, solution for their complaint within 28 days etc. They also protect the
consumer rights
For example: when any restriction is imposed upon the use of the rights for travel and which
have effect upon their travel. Then they help in protecting the rights of the travel.
ATOL (Air Travel Operators Licensing):- It is Civil Aviation Authority Scheme which was
founded to protect the rights of the traveller who purchase package holidays and flights from tour
operators. If any person cancels his booking then protection of ATOL will be removed.
For example: if any person received the Flight Plus Certificate because he booked the flight and
car and he cancel the flight ticket. The flight plus certificate is also not protected the car. So
ATOL protection is removed.
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Civil aviation authority: civil aviation authority is the scheme which provides protection to the
consumer. It is developed for the protection of the consumer when the tour operator ceased the
trade.
Example of CAA is that first ATOL holder sold the airlines ticket to the holder 2 then holder 2
sell the consumer. So ATOL holder 2 is the very nearest to the consumer and will be held
responsible.
Health and safety commission
This commission was a UK non-departmental public body established by the Health and Safety
at Work Act 1974 in order to encourage people to work efficiently.
Example: Employers are responsible for the employee in the occupational place and they are
responsible for the public in which they operate their business like customer and passers by.
SRR
SRR deals with the railways authority in UK. The railways act 1993 is helps in regulating the
railways. It also helps in prohibiting the abuse of dominant position. Act is amended and made
changes in the railways act 2005. This authority is responsible for the regulation of the railways
and properly maintained in UK.
International Air Transport Associations
It was established in 1945 and it works for giving the protection to the airlines industry at the
international level.
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LO1.2 application of transport law
The European laws helps in travelling for either on leisure or it can a business tour within the
European Union and along with this the common currency also helps the travelers to move freely
among the Euro zone countries. In this case, the travelers are also able to purchase various goods
in the country thereby bringing these goods to their country for free. Again for Intra-European
trips there is an unlimited scope of exchange but this was not similar to the case before. As
before the liberalization, the capital movements were limited tourist exchange. According to the
European Legislation, the package holidays that are provided to the consumers are protected
from any misuse or mismanagement of their holidays by tour operators. Again, they are also
protected from any overbooking that is charged by the airlines.
For any emergencies, the travelers are able to call the 112 number for free European emergency
calls across the European Union. Again in case of any accident or illness they can show the
European Health Insurance Card which is attested they can get the treatment as they used to get
in their own country. However, in ports and airports, of the Member State, there are certain
special channels exist for the EE citizens who have a regular passport. The terms and condition
of the EU for traveling have become easier for the preferred owners. Again, the showing the
passports are not required while crossing the internal borders of the Schengan area.
Example of the laws and regulation of British Airways have been taken. The Secretary of
State for Transport as well as the Civil Aviation Authority (CAA), which is an independent
statutory body, regulates the UK airlines. The CAA is responsible for the supervision of
various aspects of an airline’s financial condition, management and operation according to
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the UK Civil Aviation Act 1982. Under the European Treaty, the European airlines are
subjected to EU regulations. Between the European Commission and the Member States
the responsibility for the enforcement is shared.
International Carriage by Road (Carriage by Air and Road Act 1979)
This Act mainly involves the damages that are caused to the passengers during their journey. It also involves the rights of the individual who travels both by paying for the travel or travelling for free.
For travelling by road, there is the Regulation (EC) No 1073/2009 which is mainly concerned with the free terms of international road passengers. As per the Regulation 1073/2009, there is a similar convenient rule for the international market for both coach and bus. The regulation also identifies the methods that are required for the granting of licenses for the consignment as well as the documents required for the services. At the time of transferring from a Member State to a third country and vice versa, the regulation that is applied to the department in the territory of the Member State that passes from the route.
Those who are involved in carrying passengers either by air or road are known as the carriers. As per the law if any passenger dies or get injured or any of his or her belonging get damaged then, the carrier is responsible for the loss (Chuah, 2009).
Railway Act 1972
The carriage by Railway Act mainly focuses on the international carriages as well as passengers with registered luggage. If there is any damage to the passenger of his or her belongings then the carrier is responsible for the loss and he or she has to pay for the damage of the passenger’s registered luggage (Discovery.nationalarchives.gov.uk, 2014).
Regulation (EC) No 1371/2007 is mainly structured for protecting the people who are disabled thereby reducing any ill treatment and discriminating treatment and in addition to this, it also provides help while using the commercial air service.
So, the impact of the legal and regulatory framework of the travel and tourism sector is that it is increasing the responsibilities of the Carriers as according to the law; the carriers would be responsible for any loss of the passengers whether it is in case of air, water or road.
Every country has their laws and regulation. Likewise, UK businesses who are abide by the rules and regulation can avoid the laws of the other Member States that are connected with the same subject matter. It is also observed that a UK business cannot flee from the rules and regulation by simply locating its servers outside the UK. If the laws and regulations of the country are applied to EEA, then it will be beneficial for all the businesses as it targets all the consumers of EEA Member states without
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following the rules of 30 different countries. This basic rule has been succeeded as it may happen that it can consumers discourage shopping form across national border.
International Carriage by Sea
This law is mainly concerned with the sea travelling and if there is any loss or damage faced by the passengers while travelling by sea then also the carrier is responsible (Girvin, 2007).
Athens Convention Act 1974
This Act is applied in the UK. This Act mainly involves the international passengers or carriers and on the other hand the Domestic Carriage Order 1987 mainly focuses on the domestic passengers travelling by sea (Wightlink Ferries, 2014).
Air transport regulation
This regulation helps the consumer to protect the consumers which are travelling through the air transport. If any person suffers any loss or damages due to the cancellation or delayed in the flights of the consumer then they can claim.
Warsaw convention 1929
This convention provides protection to the consumer when they are travelling through the air transport. International carriage is also defined under this convention. If any traveller suffers any loss or damages then according to this convention traveller can claim for recovering the damages.
Denied Boarding Convention scheme 1997
This scheme provides the compensation to the passengers who are travelled through the air transport if flight is delayed, cancelled with any reason then they provide protection to them by arranging another flights or hotel for the passengers. [EU Legislations (2007)]
Task 2
2.1 legislation and regulation relating to health, safety and security
As the movement of people overseas has increased the expectations of the travelers have also
increased. They all expect that their accommodation as well as their choice of destination is safe
and secured where they can pass their time safely. All the service providers such as destination
authorities, travel providers and the accommodation providers must be careful regarding the
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safety and the welfare of the travelers and they should be given ultimate priority. The merged
association along with their members has been successful in dealing with the tourism sector on
the inner tourism issues, health and safety and sustainability (Reece, 2010).
As improving the health and safety of the tourists are very important and it is a part of the
commitment of the association and the members and the team of health and safety specialists, the
Tourism Accommodation Health and safety Technical Guide has reviewed the code as well as
updated it by replacing the FTO preferred Code of practice Book.
The destination government and the tourism accommodation providers such as the apartment and
villa owners, hoteliers, must be provided with information regarding their safety relating to the
safety of the tourism accommodation safety. Those who are the users of the Guide will be able to
recognize the chief safety components that are to taken into consideration by the tourism
accommodation planning and management.
The Health and Safety at Work Act 1974 is contained mainly under the complete details of the
various ways that are required for a safe and healthy work environment that observes with EU
regulations. Health and Safety Executives deals with the requirements that are to be followed and
any accident at work should be informed to them. If anyone tries to violate the laws or tries not
to follow the requirements of the Act, then it will be considered as a criminal offence (Channing,
2013). There are several factors that must be taken into account which are mentioned below:
A capable person must be appointed.
The management must have design a health and safety policy in order to control the risk
of the businesses.
Then it must be discussed with the employees.
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Provide a proper training.
Proper facilities must be established such as drinking water, toilets etc.
First aid
The management is required to maintain an accident report book where any case of
accidents must be reported to the HSE.
The HSE poster must be displayed
Public liability insurance
In the area of business, the management must be kept updated.
For example- health and safety related to OLA 1957 and 1984. OLA (Occupiers Liability Act)
1957 which covers occupier’s liability. It identifies occupier. And, OLA (Occupiers Liability
Act) 1984 also covers occupier’s liability but for trespassers.
2.2 analysis of the legislationof equality of workers and the tourists
Equality Act 2010
This act came into existence in October 2010 which brings together 116 legislation under one
act. It protects individual from unfair trade. Some of the main legislations are Equal Pay Act
1970, Sex Discrimination Act 1975, and Race Relation Act 1976 etc. The rights to equality of
the workers who are involved in the tour and travel sector are illustrated below.
Poverty reduction- in this case, the travel and tourism has led to the reduction of the poverty
level of a country. As there was a tremendous growth in the travel and tourism sector this has led
to the increase in the employment level of the country (Mody and Pattilo, 2006). So, there has
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been an increase in the standard of living of the country. It also reduces the regional disparities of
income.
Gender equality- in this case, it generally focuses on the treatment that the women receive in the
workplace. According the rule and regulation that are related to the equality of the women it has
been mentioned that the women would receive the similar behavior that her male colleagues get
from the employer or other employees. Those who will be violating the laws will be considered
to as performer of criminal offense. The women should be given the equal opportunities in the
workplace so that they are also able to perform their talent accordingly.
Social equality- this means that individuals should be treated equally and they should be offered
with equal opportunities. In the workplace, people should not be discriminated on the grounds of
color, caste, creed etc. equality in workplace leads to a healthy work environment and
understanding among people thus defeating the evil of mutual cohesion (Crepaldi, 2010).
Racial discrimination act 1976: This act provide protection to the individual from the various
forms of racial discrimination like skin, colour, ethnic and nationality. This type of
discrimination is made in the education sector, working place, at housing etc.
Disability discrimination act 2005: This act provide protection to the person who is disabled by
nature and any accident suffers any disability.
Human rights acts 1998: Under this act there is no need to go court and death penalty is
prohibited under this act.
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Task 3
3.1 Contract terms
A valid contract is a set of agreement entered into by two different parties which is enforceable
by law. A valid contract requires certain elements to be present in it. The essential elements of a
valid contact set the validity of a contract. A contract is regarded as an agreement which is
enforceable by law and the presence of essential elements turns the agreement enforceable by
law. The various essential elements of a contract can be regarded as:
Offer- every valid contract must consist of a valid offer made by the offeror. A contract
starts with an offer because when a valid offer it accepted it becomes an agreement.
Example: a family can entered in contract with the travel industry for going on vacation
on London for few days. They are entered in to the contract when the tour agency gives a
form to the tourist and it is filled and signed by the tourist after awareing about the
conditions of the contract.
Acceptance- a valid offer is required to be accepted and when it is accepted it forms an
agreement. Hence, acceptance is also regarded as an essential element of a valid contract.
Example: if a consumer is buying the holiday package product after the long discussion
with the travel industry then it will be the acceptance of the offer.
Consideration- it is the values of the promise performed. A consideration is paid in return
of the performance of a promise. Without consideration there is no commercial value of
an agreement. Hence, there is a requirement of the presence of consideration in a contract
top make it valid.
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Example: In the travel industry the holiday package has to be paid by the consumer to the
travel industry for making the valid contract.
Certainty: The terms and conditions in the contract must be clear to both parties when
they are entering in to the contract. If they do not understand the term then contract will
not be valid in the eyes of law.
Example: if the tourist has to stay in the hotel then he has to inform the tourist industry
about the check- in and check –out date, meals and other information etc.
Capacity- the parties forming a contract must be competent of forming such a contract.
The parties must be competent in order to enter into a valid contract. A person forming a
contract must not be a minor and insolvent or a lunatic person or a person of an unsound
mind.
Example: the contract which is made between the travel and tourism sector then party
will be responsible for the carrier and loss or damages
In this case, the tour operator must keep everything in mind and should not follow any unethical
means. They should disclose everything that is required to b informed to the consumers. They
must not mislead its customers and should always show the right way so that the customers are
not misled. Again before entering into the contract the tour operator must keep all the above
mentioned points into consideration and while making the contract they should also keep this in
mind that the offer is accepted by the customer. All the above points must be followed by the
tour operator.
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3.2 Legislation and Regulations
In this case, the advertisement provided by the travel and tour operator has not found to provide
any such misleading information. It cannot be judged properly as the tour operator has not
provided any misleading information. The information that he has presented in the brochure is
similar to that of the advertisement provided in the website. The advertisement in the tour’s
brochure as well as on the statement has mentioned that a person can enjoy two weeks holiday in
Spain and the prices would be £598 and this would also include the price of the flight and the
hotel accommodation. In addition to this there will be a coach available for the transport to and
from the hotel. As this is a clear advertisement and there is no such cases related to it so this can
be considered as a valid advertisement.
In this case, the tour operator has misled the consumer as the advertisement which was given in
the website revealed something different from the real situation. In the advertisement it was
mentioned that in the website of a travel and tourism sector has made an advertisement that says
that a person can enjoy a sailing holiday and the on board a three mastered schooner that would
have two showers which was advertised by giving photographs. After booking for the board it
was found that the advertisement simply misled the consumer as the consumer found a vessel
without any sails and it has only one shower. So, after scrutinizing the fact it is clear that the tour
operator has simply misled the person. So, according to the Trades Description Act 1968, this
case is of a criminal offence and the consumer has the right to get his money refunded. This
action is covered by the Consumer Protection from Unfair Trading Regulations 2008. As this is a
criminal offense then the misleader would be punished for the misleading activity.
In this case, the tour operator has misled its customer. As in this case too, the advertisement that
have been given or provided to the customer simply does not match with the real situation. In
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this case as per the advertisement the consumer would have got opulent luxury in a dramatic
landscape along with a beautiful villa and his private garden and swimming pool. But in reality
after the payment for the luxury that the consumer expected to get found that the villa was
infested by rats all around and the villa that was promised to the consumer. And at the same time,
the swimming pool and the garden was not at all private it was locally used. The consumer
simply rejected the contract and returned home. According to the Package Travel, Holidays and
Tour Regulation 1992 was stated that if a consumer have any problem regarding the acceptance
of the contract and if he finds any act of misleading then can reject the contract then and there
and at the same time can get his money refunded from the tour operator. As already mentioned
that in case any of the term is contained in any of the standard contract or terms and conditions
then fails to reflect the actual obligations of the business under the Package Travel Regulations
then it can be considered that that the as unfair by using the Unfair Terms in Consumer Contract
Regulations. This may happen in situations where the standard term is of some misleading type
that mainly designed to mislead a consumer of their product or services that are mentioned in the
travel package.
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Task 4
LO4.1 Dilemmas in tourism
Travel industry faces the various ethical dilemmas which is increased day by day as the travel industry is developed. The tourist wants to enjoy their journey without any interruption but it difficult for tourist industry free the tourist. For operating the business it is necessary that they tourist industry has to acct in ethnic manner.
Ethic are the rules in which individual has to behave in accordance. It tells what is right and what is wrong in the industry. The ethical dilemmas are different from one organisation to another organisation.
The various examples of ethical dilemmas which is faced by the travel industry are:
1. Make discrimination on hiring the employee and give promotion.2. Environmental pollution
Business ethics
Business ethics are the ethics which is regulated in operating the business in good manner. It is the legal requirement that to act in business ethics. .
Ethics in travel and tourism sector
1. Tourism industry has to protect the environment.2. They used the resources in good manner.3. They deal with the moral issues. 4. Eliminated discrimination.
Ethical dilemma of ethnic tourism
Ethnic tourism takes place when the tourist is interested to visualize the life of the indigenous
people. They can make a proper study of their lives and sometimes they are also interested to live
the lives they lead. Again some tourists visit some ethnic places for their studies.
But sometimes it has happened that the people who sometimes visits the places where the tribal
people live. But in these cases many a times it had happened that tourists behave with the tribal
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people in a very rude manner. They consider themselves to be superior and they are very unkind
to the people. They make the people to work for them and at the same time they exploit them
too. The tourists consider the people to the cartoon of the Disneyland and they are also paid for
it.
So, these activities of some of the tourist have made them feel embarrassed. Their simplicity
have ruined by the tourists. So the government should undertake proper steps in order to control
the humiliation that is faced by the indigenous people. In this case, the dilemma has grown
among the tribal people. The community is in the dilemma whether they would allow any
tourists to visit there place or not (Lennon and Foley, 2000).
Apart from this, the tourist are also found interested in visiting tiger reserve.But visiting a tiger
reserve can be dangerous. (Lennon and Foley, 2000)..
LO4.2 Corporate Social Responsibility
Corporate social responsibility can be defined as the combined responsibility towards the society
with an intension of improving the lives of common people. Corporate social responsibility has
become an important subject for business community and is progressing widely. Hilton hotelas
per the 2012-2013 CSR report has met and over achieved its sustainability goals. The
organization has been successful in reducing its consumption of water by 10%. “In the report the
hotelier also claims to be on schedule to meet its energy consumption and CO2 reduction targets.
It lists a number of achievements including reducing energy use by 12.2%, carbon output by
12.8%, waste output by 24.9% and water use by 10.2% since 2009.” According to the
organization it has been able to generate savings with the assistance of its efficiency projects.
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ConclusionThe members of the Federation of Tour Operators (FTO) have worked in collaboration with the
providers of accommodation, transport providers as well as other overseas tour services are
trying to develop the standards of health and safety that are very essential for the tourists, tourist
accommodation and local people. The above discussion elaborates more on the same.
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References
Aberdeencity.gov.uk,. 'Health And Safety At Work: Regulation And Inspection'. N.p., 2015. Web. 1 Aug. 2015.
Channing, J. (2013). Safety at Work. Hoboken: Taylor and Francis.
Chuah, J. (2009). Law of international trade. London: Sweet & Maxwell/Thomson Reuters.
Crepaldi, C. (2010). Violence against women and the role of gender equality, social inclusion
and health strategies. Luxembourg: Publ. Office of the Europ. Union.
Discovery.nationalarchives.gov.uk, (2014). Carriage by Railway Act 1972: CIV Additional
Convention | The National Archives. [online] Discovery.nationalarchives.gov.uk. Available
at: http://discovery.nationalarchives.gov.uk/details/r/C11090931 [Accessed 8 Dec. 2014].
Girvin, S. (2007). Carriage of goods by sea. Oxford: Oxford University Press.
Howells, G., Ramsay, I., Wilhelmsson, T. and Kraft, D. (2010). Handbook of research on
international consumer law. Cheltenham: Edward Elgar.
Lennon, J. and Foley, M. (2000). Dark tourism. London: Continuum.
Mody, A. and Pattilo, C. (2006). Macroeconomic policies and poverty reduction. London:
Routledge.
Reece, W. (2010). The economics of tourism. Upper Saddle River, N.J.: Prentice Hall.
Wightlink Ferries, (2014). Athens Convention - Wightlink Ferries. [online] Wightlink Ferries.
Available at: http://www.wightlink.co.uk/iow/information/terms-conditions/athens-
convention/ [Accessed 8 Dec. 2014].
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