Legislation and Ethics in the Travel and Tourism Sector

Legislation and Ethics in the Travel and Tourism Sector

Table of Contents

Introduction 1
Task 1 1
Task 1A: Explanation of the legal and regulatory framework of the travel and tourism sector. 1
Task 1B: Discussion surface, sea and air transport law in relation to the carriage of passengers within the legal and regulatory framework. 2
Task 2 3
Task 2A: Evaluating the impacts of the principles of health, safety and security legislation on the travel and tourism sector. 3
Task 2B: Analyzing legislation that relates to equality. 4
Task 3 5
Task 3A: Explain contract legislation in relation to travel and tourism customers. 5
Task 3B: Explain consumer protection legislation in relation to travel and tourism customers. 6
Task 4 7
Task 4A: Analyse ethical dilemmas faced by the travel and tourism sector. 7
Task 4B: Analyse the Corporate Social Responsibility (CSR) policy of a specified travel and tourism business. 8
Conclusion 8
Reference 9

Introduction

Legislation and Ethics is the matter of concentration in travel and tourism sector in this assessment. Travel and tourism business become more popular over time not only in UK but also all over the world. The Customer as well as consumer gives attention to their legal right and also shows their dissatisfaction to the services against tour operators. The right of a customer defines legislation. The legislation is act which has been propagated by a governing body or the process of making it. The report emphasize the information on the legal and regulations of the UK tourism sector as well as of sea, air transport and surface laws and analyses the assistance of those to travelers and offer a complete track to the rights as well as a compulsion. It will also define in a deceptive as well as existing method that will be help for the company to take pre-emptive steps to keep away from unethical behavior as well as allow the company to cope up with obstinate objections.

Task 1

Task 1A: Explanation of the legal and regulatory framework of the travel and tourism sector.

There is absence of definite legal and regulatory framework nothing but few codes in English legal system. There is the ABTA (Association of British Travel Agents) code of comportment which regulated tourism such as insurance announcement, message, booking, travel and departure etc. Regarding booking, it contains all processes like what occurs before booking, how to make the booking, what can ensue between travel and booking etc. This processes is on the way of implication to protect the right of a customer (ABTA Ltd, 2015).

There are different classes of law. Those enlist as contract law, property law, criminal law, legitimate law, commercial law, administrative law, human rights law, family law, employment law as well as global law. All of these law place the regulations for a different region of social action. The difference between civil law and criminal law turns on the comparing between two different matters which law explores to pursue punishment. The object of civil law is the redress of damages by compelling compensation. Civil law deals with the disputes between the two individuals or organizations where Criminal law deals with crime and the legal punishment. In Civil law case filed by Private Party on the contra Criminal law case filed by Government. In Civil law defendant can be found liable or not liable, the judge decides this whereas Criminal law is convicted if guilty and acquitted if not awkward. The ordinary of proof in Civil law Preponderance of evidence but in Criminal law beyond a reasonable doubt. In cases of civil law, the opinion of the jury may not have to be unanimous where in the criminal law the jury must agree unanimously before a respondent is convicted (Diffen, 2015).

Abroad Ltd is the famous renounce tour operator. Mr. Davis is a customer of this tour operator. The Abroad Ltd have to notify details about their services. According to the ABTA, Abroad Ltd is compel to their customer Mr. Davis by providing correct information about announcement, message, booking, travel and departure and other necessary information. But this tour operator doesn’t do that. For this reason Mr. Davis bring a complaint against tour operator. Abroad Ltd has breached their civil obligation and codes of British Travel Agents. Abroad Ltd is being prosecuted by a relevant regulatory body for having committed a criminal offence of providing faulty information. Because we discuss about criminal offence above which shows that it is an act punishable by law and usually considered an evil act.

Task 1B: Discussion surface, sea and air transport law in relation to the carriage of passengers within the legal and regulatory framework.

The means of carrier could also be associated with carriage of passengers instead of merchandise or product. A carrier may be a person or organization who is providing transportation services with purpose of business and price tag commercialism with or while not charges for passengers move from one location to a different. The tickets obtained area unit sometimes sold by carrier, tour operator travel agents or licensed person for commercialism or providing it.

The relationship between travel agents and carriers are commercial dealings during carriage of travelers. The process of connection includes organizing of tours by tour operators and selling of tickets by travel agents. The cause is that for avoiding liable acts and omissions that might be from carrier. When there is injury or harm caused on passengers the bearer is carrier rather than travel agents (Scribd, 2015).

Carriage by Air and Road Act created in 1979. According to this law, the carrier is everyone engaged in carrying travelers either by air or road. The carrier is responsible if due to his/her carelessness the passenger dies or gets injured or any damages are caused to his/her belongings. International Carriage by Sea in Athens Convention 1974, it concerns sea travelling and in this Convention the carrier is also liable for any damages caused to passengers when sea travelling (WTO, 2005).

Travelling by road there is the Regulation for travel by road which concerns free provision of international road travelers. This regulation sets mutual accessibility rules to the international market for roadway. It provides particularly the liberalization of the shuttle service with overnight accommodation via bus, as well as almost all crisis services. It also groups the procedures for surrendering licenses for these shipments and documents needed for these facilities. It conjointly needs the conditions beneath that square measure accepted in transport, significantly in national road transport services at intervals a Member State, carriers that aren't situated in it. The Athens Conventions Act 1974 is applied and amended within the United Kingdom. It involves international carriers and/ or passengers whereas the Domestic Carriage Order 1987 is addressed to domestic passengers traveling by ocean (Koffman and MacDonald, 2007).

Task 2

Task 2A: Evaluating the impacts of the principles of health, safety and security legislation on the travel and tourism sector.

Mrs. Kaur is the Director of Rainbow Hotel who is ensuring that all rules linking to health, safety and security of the hotel staff, guests and everyone else visiting the hotel are observed. As a health and safety officer in the hospitality business the author can suggest the director of the company to enrich the legal systems of the organization by maintaining the following principle. Those are Sincerity, guidance, status as well as self-esteem, truthfulness, devotion, justice, promise to fineness, answerability, dependability and anxiety as well as admiration for others.

If Rainbow Hotel can set up these ten moral values as well as ideals or regulations relating the type of actions a moral business should and should not keep in. Stake Director Mrs. Kaur investigation in Hotel decisions can assist hospitality executives appreciate how selfishness to the manifold claims on business proceedings can guide to unintentional costs as well as needless damage to those within the corporation along with those on the exterior with an attention or "pledge" in Rainbow Hotel. At first Mrs. Kaur has to understand who the stake owners of the company are. They may be clients, workers, proprietors as well as directors, lenders, providers, stock owners, and choice builders (Stephen, 2009).

According to Willmott et al., (2009) Righteous way of thinking is another hint. The allegation of virtuous reasoning in the choice-making procedure can midpoint the choice maker's attention on the privileges as well as happiness of the stake owners and accordingly better inform the person who is the decision maker.  Superior investigation does not assure superior decisions. Through this the health and safety manager can understand what factors can make the company doing their acts avoiding the law. The factors are lack of knowledge as well as selfishness, self-preservation, faulty reasoning, self-interest including decadence and complacency. By analyzing the subjects Mrs. Kaur can suggest the perfect way of conduct for Hotel to update the legal responsibilities of the hotel business (Jeffries and Banks, 2010).

Task 2B: Analyzing legislation that relates to equality.

I also studied other areas of laws relating to the travel and tourism industry. UK job parity law is a regulatory body of commandment which legislates alongside chauvinism-based proceedings in the place of work. As an essential element of UK labor law it is illegal to distinguish adjacent to an individual since they have one of the "secluded individualities", which are- age, sex relocation, disability, matrimony as well as social affiliation, race, religious conviction or faith, gender, along with sexual orientation. The major law is the Equality Act 2010, which prohibits favoritism in admission to schooling, civil services, personal supplies as well as services or principles over and above occupation (Eyster and Roos, 2009).

Favoritism is illegitimate once a manager is using a candidate, within the provisions additionally as circumstances of agreement that area unit conferred, in taking AN assessment to discharge a worker, or the other sort of disadvantage. Incapacity varies from different confined options therein manager’s area unit below AN optimistic responsibility to make smart changes to their place of labor to lodge the wants of disabled workers (McWilliams et al., 2001).

For age, faith, sex, race as well as religion there is typically no constructive compulsion to endorse fairness, in addition as optimistic favoritism is generally restricted by the quality that advantage should be looked upon because the most vital feature of a private. Within the ground of equivalent payment between male and feminine, the laws vary within the variation for comparators. Any discharge attributable to favoritism is automatically unjust in addition as permits a private to complain beneath the use Rights Act 1996 section ninety four no issue what quantity time they're providing service to its company (Eyster and Roos, 2009).

In hotel industry while appointing new recruits for the company the following acts should be taken into consideration.

Gender Discrimination Act 1975

Race relationships Act 1976

Disability bias Act 1995

Employment Rights Act 1996

Task 3

Task 3A: Explain contract legislation in relation to travel and tourism customers.

The Sale of products Act 1979 (c 54) is associate Act of the Parliament of the UK that regulates English legal philosophy and United Kingdom law merchant in respect of products that are sold  and purchased. Since 1979, there are various minor statutory amendments and additions to the 1979 Act. The Supply of Goods and Services Act 1982 (c 29) is an Act of the Parliament of the UK that needs traders to produce services to a correct normal of craftsmanship (e-Lawresources, 2015).

The related and difference between Sale of products Act 1979 and Supply of Goods and Services Act 1982 is that Supply of Goods and Services Act 1982 is the updated of Sale of products Act 1979 act. Material used or goods supplied in providing the service must be of satisfactory quality in Goods and Services Act 1982. In Sale of products Act 1979 applies to contracts where property in 'goods' is transferred or agreed to be transferred for a monetary consideration. The law treats failure to meet these obligations as breach of contract and consumers would be entitled to seek redress, if necessary through the civil courts. This act also complies with the Sale of Goods Act 1979 (e-Lawresources, 2015).

The Unfair Contract Terms Act 1977 (c 50) is associate degree Act of Parliament of the UK that regulates contracts by limiting the operation and lawfulness of some contract terms. It extends to just about all sorts of contract and one in every of its most significant functions is limiting the relevance of disclaimers of liability. The Unfair Terms in shopper Contracts rules 1999 (SI 1999/2083) may be a United Kingdom of Great Britain and Northern Ireland statutory instrument, that implements the EU (then EEC) Unfair shopper Contract Terms Directive 93/13/EEC into domestic law. It replaced AN earlier version of comparable rules, and overlaps significantly with the Unfair Contract Terms Act 1977 (e-Lawresources, 2015). Even if a term is validly incorporated into the contract and covers the event which has occurred, it may still be subject to direct substantive control under the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999.

Task 3B: Explain consumer protection legislation in relation to travel and tourism customers.

According to Shamir (2011) Holidays square measure the clock time for the tourists to go to the overseas. Therefore commonly they expect a lot of service from the vacation tour operators. If the operators fail to draw in the purchasers the corporate can build a good loss. To draw the eye of the purchasers on holidays the sole manner is maintaining the legal responsibilities strictly in order that the purchasers gets the interest and have the trust towards the corporate.

If the services within the vacation travel don't seem to be provided by the tour operator consequently, the purchasers will do the followings-

• The package holiday policy is utilized to assist the purchasers in creating claims against travel employees.

• If the purchaser’s square measure disaffected with the package of vacation tour, they will take into thought the travel law to induce their rights.

• According to rule four no tour operators will give purchasers with deceptive info.

• This is broader than solely folder info - none of the communicatory cloth ought to be ambiguous.

• If it's deceptive the operator or the corporate is in break of the principles likewise as could also be responsible to the purchasers for any failure.

The travel operator is lawfully answerable for its dealers. This denotes that the purchasers will follow any grievances regarding rudiments reserved as component of a standard package straightly with the trip operator. (Stephen, 2009)

Because of the strict rules and legal systems of the travel sectors the tour operators forever have to be compelled to take care regarding the legal responsibilities of the vacation tour packages. Otherwise the operator likewise because the company will undergo tough things of legal procedure that may hamper the procedure of the agency.

Task 4

Task 4A: Analyse ethical dilemmas faced by the travel and tourism sector.

According to Ganguly (1999) the importance of commercial enterprise inexpensively likewise as politically has enraptured the official's body to a tiny low quantity of monetary issues likewise as supports somebody over the universal voters. As an example, somebody resorts might have decent manure amenities. Within the tiny run, somebody could also be safe infectious disease by intense drinking water. Within the end of the day, on the opposite hand, the societies likewise as community near the resort could have solely impure wells, dangerous seashores, likewise as a rejection within the neighboring fishing business.

The next ethical hassle is that the allotment of police likewise as legal services. Flush tourist’s square measure overtimes got a lot of defense than no sightseers. Variety of cities have extraordinary services within the visitant restraint. (Jeffries and Banks, 2010)

A third ethical topic for community section staff has each home likewise as international proportions. Nationwide, state, likewise as neighboring bureaucrats seldom if ever advise in-bound travelers of health, security, or convenience issues.

A fourth ethical drawback worries somebody likewise as non-traveler health likewise as security. Is it ethical to be plummeting health requirements internationally within the name of easing commercial enterprise at a time of increased susceptibleness to communicable illness? as an example, the tiny low variety of states currently excepting guests UN agency examine optimistic for HIV square measure in resistance of World Health Organization (WHO) principles, that necessitate less likewise as less review of incoming travelers. (McWilliams et al., 2001)

The travel agencies ought to have the capabilities to deal with problems} and unethical issues influencing the corporate. In step with the system the organization needs to return up with the answer of moral dilemmas in order that the corporate will consequently solve the matter. (Henderson, 2001)

Task 4B: Analyse the Corporate Social Responsibility (CSR) policy of a specified travel and tourism business.

According to Shamir (2011) company Social Responsibility (CSR) is a concept that rotates around self-sufficiency. Presumptuous CSR necessitates continued promise, as businesses should decide the degree to that their company procedures influence their patrons, workers, share homeowners, societies further because the atmosphere, and acquire the essential remedy to reduce any bearish collisions. Once applied into the corporate man oeuvre, CSR can gather blessings as each associate economical selling instrument and a technique of drawing attention of the purchasers.

In its purest define, eco-sightseeing is represented as accountable tour to immaculate places of traditional ornate further as faunal connotation, and aspires to show tourists on the importance of the natural atmosphere, in conjunction with the normal inheritance of native population. An ethical eco-sightseeing business would pay associate quantity of the finances composed through the stipulation of its eco-sightseeing services, in ecological further as cultural conservation proposals to counterbalance or decrease any cold effects occurred by their company actions. Unluckily, on the opposite hand, the eco-tourism business is crammed with corporations that take action on imitative guarantees further as principles, simply to spout into a money-making marketplace. (Jeffries and Banks, 2010)

Conclusion

This assignment offers an outline of tendencies yet as factors, discovers their ethical measurements, yet as acknowledges pertinent policies to rearrange public managers to cope up befittingly with these problems. The work are going to be useful traveler yet because the tour operators regarding the tour within the overseas, and decide the hazards to assist communities and conjointly to explorers. This task can provides a complete summary regarding the system of the travel trade so the tourists will perceive and take actions to possess their rights.

Reference

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Ganguly S., 1999. “The Investor-State Dispute Mechanism (ISDM) and a Sovereign’s power to protect public health. Columbia Journal of Transnational Law”. PP. 38-113)

Henderson D., 2001. “Misguided Virtue: False Notions of Corporate Social Responsibility. Institute of Economic Affairs”. pp. 171.

Jeffries and Banks., 2010. “Understanding Hospitality Law”. Fourth Edition.

Koffman L., MacDonald E., 2007. “The Law of Contract”. Oxford University Press: London.

McWilliams., Abagail., Siegel., and Donald., 2001. "Corporate social responsibility: A theory of the firm perspective". Academy of Management Review 26: pp.117–127.

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Shamir R., 2011. “Socially Responsible Private Regulation: World Culture or World- Capitalism? Law and Society Review”.

Stephen B., 2009. “Hospitality Law”. pp. 250-261

Willmott L., Christensen S., Butler D., and Dixon B., 2009. “Contract Law”. Third Edition. Oxford University Press: North Melbourne.

WTO, 2015.  Measures Affecting Imports of Certain Passenger Vehicle and Light Truck. [Online] Available at: http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds399_e.htm/[Accessed 23 Jan 2015]