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Contents TASK-1............................................................... 1 P1. Understand the legal and regulatory framework in the travel and tourism sector......................................................1 P1.1- Explain the legal and regulatory framework of the travel and tourism sector....................................................1 P1.2 – Discuss surface, sea and air transport law in relation to the carriage of passengers within the legal and regulatory framework.........................................................3 Task 2............................................................... 5 2. Understand legislation and regulations relating to health, safety and security in the travel and tourism sector.......................5 P2.1-Evaluate the impacts of the principles of health, safety and security legislation on the travel and tourism sector.............5 P2.2 Analyse legislation that relates to equality.................7 TASK 3............................................................... 9 P3. Understand consumer protection legislation in relation to the travel and tourism sector...........................................9 P3.1- explain contract legislation in relation to travel and tourism customers.................................................9 P3.2- explain consumer protection legislation in relation to travel and tourism customers............................................10 TASK 4.............................................................. 11 P4. Understand the role of business ethics in the travel and tourism sector.............................................................11 P4.1 Analyze ethical dilemmas faced by the travel and tourism sector...........................................................11 P4.2 Analyze the Corporate Social Responsibility (CSR) policy of a specified travel and tourism business............................12 Refrences........................................................... 15

Lucian legislation

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Page 1: Lucian legislation

ContentsTASK-1.......................................................................................................................................................1

P1. Understand the legal and regulatory framework in the travel and tourism sector..............................1

P1.1- Explain the legal and regulatory framework of the travel and tourism sector.............................1

P1.2 – Discuss surface, sea and air transport law in relation to the carriage of passengers within the legal and regulatory framework..........................................................................................................3

Task 2..........................................................................................................................................................5

2. Understand legislation and regulations relating to health, safety and security in the travel and tourism sector.........................................................................................................................................5

P2.1-Evaluate the impacts of the principles of health, safety and security legislation on the travel and tourism sector...............................................................................................................................5

P2.2 Analyse legislation that relates to equality..................................................................................7

TASK 3..........................................................................................................................................................9

P3. Understand consumer protection legislation in relation to the travel and tourism sector...............9

P3.1- explain contract legislation in relation to travel and tourism customers...................................9

P3.2- explain consumer protection legislation in relation to travel and tourism customers.............10

TASK 4........................................................................................................................................................11

P4. Understand the role of business ethics in the travel and tourism sector........................................11

P4.1 Analyze ethical dilemmas faced by the travel and tourism sector.............................................11

P4.2 Analyze the Corporate Social Responsibility (CSR) policy of a specified travel and tourism business.............................................................................................................................................12

Refrences...................................................................................................................................................15

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TASK-1

P1. Understand the legal and regulatory framework in the travel and tourism sector

P1.1- Explain the legal and regulatory framework of the travel and tourism sector

Legal framework: It is a broad system which governs the rules and regulations of decisions

making, agreement, laws etc. (translegal.com, 2015)

Because of the large economic sector of travel and tourism the laws and regulations framework

in travel and tourism is diverse. There are various laws which are applying in the tourism when

any incident is happening like damages.

The Development of Tourism Act 1969- It is laid down the various laws and regulation relating

to the tourism. This act also laid the legislation for tourism in UK. It also established a British

Tourist Authority and Tourist Boards for England, Scotland and wales. The financial assistance

is provided from the public funds for the provisions of the new hotels and made changes and

improved in the hotels which are already exit. (legislation.gov.uk, 2015)

Regulatory framework-

1. The Health and Safety legislation- The legislation health and safety for the British is the

health and safety at work act 1974. It was non- departmental public body in united

kingdom All the person who are worked under any dangerous place of work or their work

are dangerous then they have the legal right to protect themselves from any risk which is

related to any work. There are various duties which are imposed by the law on employers

and employee himself and also on designers, manufactures or suppliers of any substance

which is used at work. The duties are broadly classified in health and safety works act.

This act also laid down the some subsidiary regulations which are deal with the

management and specific issue of the health and safety. There is commission which

consist the chairman and there are six and nine people which is appointed by the

appropriate Secretary of State.

2. HSE- HSE is the health and safety at work etc. Act 1974, this is also known as HSWA,

the HSW Act, the 1974 Act or HASAWA). It great Britain this act is one of the single

pieces of legislation which cover the health and safety of the individual at workplace. The

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Act and their regulations are enforced by the health and safety executive and also the

number of acts and instruments which relevant and which is used in the working

environment.

3. IATA- IATA is an international Air transport Association. It deals with the trade of the

world airlines. It helps in supporting the airlines industry. There major headquarters are

in Montreal, Canada with Executive Offices in Geneva, Switzerland.

4. CAA- CAA is the civil aviation authority which is responsible for the safety in air,

protection of consumer forms any financial loss. It also regulate the economic

regulations if airlines in the UK. It is a government agency .This agency is governed by

the department of the environment, Transport and regions. Function of CAA are :

The first function is to give advice to the government on the issue of noise and air

pollution of aircraft.

Second function is to represent the public interest.

Third to give the license of operating to airlines and also give the license of crew.

It also produces the statistical data. (www.caa.co.uk)

5. ABTA- Association of British Travel Agents is established by 22 leading travel

companies in 1950. But at present the number of travel companies has been increased and

it now 5000 travel agencies and there are tour operations which are more than 900

throughout the British Isles. The main aim of ABTA is to maintain the high standard

their trading practices.

6. Air travel operators licensing- it is scheme which protect the people who purchase the

flights tickets and also purchase the tour package. In United Kingdom there is civil

aviation authority which is known as Air Travel Organisers' Licensing (ATOL) The Uk

tour operators have required to take the ATOL license for legally sell air travel. The

operators who have the ATOL license are required to obtain the insurance bond from the

CAA.

There are various types of courts in UK which are available for handle the matters of

travel and tourism industry. There are various courts which is used by the according to

the case because every court have different trial process, hearing process and appeal

process (Partington, 2014).

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7. EHRC – It is known as equality and human right commission. It is established for

promoting the equality among humans and eliminates the discrimination between the

humans in relation to gender, caste, sex, religion, age, and race. Etc.

The various types of courts are:

1. For civil and criminal cases there is magistrate court.

2. For hearing of civil cases country court.

3. There are three main divisions in high court. This court deals with the criminal cases, and

has some jurisdiction over the appeal and hearing of criminal cases.

4. House of Lords deal with the criminal and civil cases.

5. The European court of justice deal with the single hearing and further appealing for

protection of human rights and fundamental freedoms.

6. Serious criminal cases are heard by the crown courts. (Partington, 2014)

P1.2 – Discuss surface, sea and air transport law in relation to the carriage of passengers within the legal and regulatory frameworkTransport Act 1985- This act is amend the laws related to:

Make the provisions relating to the national bus company in which there is transfer of the

operation of the national bus company to the private sector.

Providing the financial support to the local and central government for providing the

transport service to the passengers.

In relation to the constitution the new provisions are made.

Make provisions for the powers of London Regional Transport related.

Carriage by Air and Road Act 1979- This act deal with the responsibility of carriage. It is

the fundamental responsibility if there is death or any injury of the person and having

loss of the property by the passenger due to their negligence. (legislation.gov.uk, n.d).

Athens convention –In 1974 it declares that if any damage is suffered by the

passenger due to the negligence of the carrier then carrier will liable and it will

compensate the passenger. But if the carrier does not have intention then liability

is limited. (legislation.gov.uk, n.d).

Sea and Inland Waterways Regulations

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According to EU regulation there are various rights of passengers when they are

travelling by the sea and inland waterways. The EU regulation is applied to the

passengers who are travelling:

1. The passengers are travelling through cruise. The port of embarkation is situated in

the member state territory.

2. The passengers who used the ferry service in which the port of embarkation is

situated in the member state territory.

3. The passengers who used the ferry service in which the port of embarkation is

situated outside the member state territory; the port of embarkation is situated in the

member state territory, union carrier operated the service which is defined below.

(International Maritime Organization, 2015).

The EU regulation is not applied to the passengers travelling:

1. Passenger traveling on the ship which is authorized to carry the 12 passengers.

2. The crew on ship is composed of not more than 3 persons and they are responsible

for the operation of the ships.

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Task 2

2. Understand legislation and regulations relating to health, safety and security in the travel and tourism sector

P2.1-Evaluate the impacts of the principles of health, safety and security legislation on the travel and tourism sectorThe Act health and safety at work act 1974 deals with the health and safety of the individual at

the workplace. It is a single piece of legislation in Great Britain which is dealing with the

individual health and safety in the workplace. The regulations of this act are enforceable by the

health and safety executive with local authorities. This act also laid down the various duties on

employer and employee himself which they have to implement in the workplace. It is the

employer duty to take the measure safeguards for the employee. (Blackman, 2005).

Apart from this the act also takes the various measures:

1. The working environment must be safe and maintained.

2. The plant and systems is also maintained.

3. The Exist and entry of the workplace is also maintained.

4. Providing the adequate training to the staff related to health and safety.

5. At work welfare provisions are provided to the staff. (Blackman, 2005).

HAZZARDS

There are various hazards which are all round in the industries where the manufacturing of good

takes place. The hazards are:

1. Physical- physical hazards are that which is in physical from like any object, piece of

equipment or material which caused injury to the worker.

2. Chemical- chemical hazards are a substance which is affecting the health of an

individual or a worker.

3. Biological- it is and organism or substances which is produced by the organism and

which poses threat to the human health and life.

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4. Psychological- psychological hazards are that which caused the mental illness and

distress of the worker.

Prevention

Occupiers Liability 1957 and 1984- This act impose the duty of care on the occupier for their

lawful visitors. The occupiers must ensure that there lawful visitors are protected from using

their premises for the purpose it is meant for (Lexis Nexis Services, 2015).

Data protection Act 1998- this act was implemented in March 2000 for giving the right of

access to personal data to an individual. This personal data include the personal information of

an individual which is held by the company. The personal data of the individual is collected

when the individual collected all the goods and services form the company. The data include the

contact, bank details and any other necessary details which are needed at the time of exchanging.

It is very complex and it is very difficult to interpret. There are eight principles through which

we understand easily. (Hayward, 2000).

These are:

Principle 1 – the data which is provided by the individual must be fairy and lawfully. The data

which is collected by the company from the individual must be free consent of the individual.

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The individual must provide the information honestly. The company also must inform to the

clients about that what will them doing with their personal information.

Principle 2- it deals with that the information which is collected by the company used the

information with the limited purpose. That means the information which is collected by the

company giving the reason for collecting the information. And thus company use the information

for that specific purpose which they mentioned. If they use the information outside the purpose

then they have to take the permission from the individual.

Principle 3- The third principle deal with that information which is collected by the company

must be adequate, relevant, and not excessive. The data which is collected by the company

fulfills the needs of the company. Any company cannot hold the information which Is out of

concerned.

Principle 4- The controller which collects the data form the individual must be accurate and up

to date.

Principle 5- According to data protection Act Company cannot hold the data for any longer

time. Company can hold those files and information which is needed by the law or if they really

needed.

Principle 6- Information is used by the company ids according to the individual rights.

Principle 7- The information which is collected by the company must be secured by the

company.

Principle 8- The Information which is collected by the company should not be transferred

outside the company. There are adequate levels of protection for protected the information of the

individual.

P2.2 Analyse legislation that relates to equalityThere various legislation which relates to equality. As according to law there is no discrimination

among humans on the basis of sex, caste, religion. All people are treated equal in the eyes of

laws. So in our legislations there are few laws which are related to equality laws.

1. Employment protection act 1976

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2. Race discrimination Act 1976

3. Tourism employees welfare fund

4. Disability discrimination Act

5. Sex discrimination act 1975

These are explaining below:

1. Employment protection act 1976- This act is employment protection consolidation Act

1978. This act is applied to both public sector employees and private sector employee.

This act laid down certain act on the employee and employer. Employees are the member

of the employer’s family. This act is including the nine parts in which it includes the

laws relating to the employee and employers. The employees get the right of maternity

leaves, right to get the remuneration on the ground of medical. This act also established a

commission for racial equality which review the legislation and have duty to sure that

the act is followed or not .(legislation.gov.uk, 2015)

2. Race discrimination Act 1976- It is established by the United Kingdom parliament for

preventing the inequality among people on the ground of racial. This act deal with the

racial discrimination between the people of different racial discrimination. This act

protects the individual against any racial discrimination, racial discrimination namely the

colour, race, nationality, ethnic, or national origins. It protects the individual in the

employment field. It also include education, housing, advertising, and in any provisions

of goods and service. (legislation.gov.uk, 2015)

3. Tourism employee’s welfare fund- The Tourism employee’s welfare fund has been

established under the Tourism employee’s welfare fund act 2002.The main purpose of

this act is to provide the social and economic welfare to the employees and their family in

the tourism business. There is a welfare board which carries out the various functions for

the welfare for employees.

Provide the loan to the employee but it is according to the terms and conditions.

Payment is also received in the form of consideration for which the services

which is provided.

Board can take the share, debentures or hold any security of the company.

(Ministry of Tourism and External Communications, 2015).

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4. Disability discrimination Act- This act deals with the disable person. The objective of

this act is to give the protection to the disable person from any discrimination which is

faces by the many disable people. After the inclusion of the disability discrimination (NI)

order 2006 it gives various rights to the disable person. The rights which are given to the

disable person in the area of in education, employment, in workplace, in transport

services, in purchasing and selling the property, and in granting any other license.

(nidirect.gov.uk)

5. Sex discrimination act 1975- There are 87 sections which related to the discrimination

on the basis of sex. This act prohibited the sex discrimination among men and women.

All people are treated equal there is no discrimination id made on the basis of sex. It also

prohibited the discrimination which is held at workplace on the ground of men and

women. Thus act eliminates this type of practices and promotes equal opportunity among

men and women. (legislation.gov.uk, 2015)

TASK 3

P3. Understand consumer protection legislation in relation to the travel and tourism sector

P3.1- explain contract legislation in relation to travel and tourism customersTrade Description Act 1968- This act is provided the protection against the any false

descriptions which is made regarding the product and service which is provided by the hotel

to the tourist. Hotel is under any obligation that they should has to provide the goods and

services according to the description .Under trade descriptions act the accommodation which

is provided to the tourist is must be in according with the act and accurate, if it is not accurate

then it is offence under section 14 of this act and it is also become an offence under the

consumer protection from unfair trading regulation 2008 part 3 regulation 9, for example : if

the hotel manager advertise the hotel in any newspaper or any brochures that hotel have sea

view or any other thing but there is no sea view so it would amount an offence.

(legislation.gov.uk, 2015).

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The Package Travel Regulations- The tour operator is under a duty that he has to give all

the information which is asked by the tourist related to tourism. Thus it is the right of the

consumer that he has full information before entering in contract with the operator of the

tour. According to the regulation 15 of the package travel regulations act it is the duty of the

tour operator that to furnish the full information relating to the services and facility which is

provided in tour in information sheet. The service and facility which is provided in the

information sheet, it is necessary that tour operator has to give the facility which is

mentioned in the information sheet if he is fails then he will be liable to pay the

compensation to the consumer. (HolidayTravelWatch, 2015)

Consumer Protection from Unfair Trading Regulation 2008- This regulation protect the

consumer from the unfair trade practices like misleading information which is given through

marketing, advertisement and any other method, from this they get information relating to the

service and facility which is provided by the tourist company regarding the packages from

this the tourist are attracted to such packages through this they are in indulge in the

violations of the contract. (legislation.gov.uk, n.d).

Supply of Good and Service Act 1982- in this act the tour operator must ensure that they

will carry the goods with reasonable skill and care. There are certain terms and conditions

which is laid down in the brochure, advertisement and the representative must ensure that he

met all the conditions. (Dale, 2005).

P3.2- explain consumer protection legislation in relation to travel and tourism customersIn modern times the travel industry is increased day by day and people also use their service

more. It is become necessary that to protect the interest of the consumer form the various

unfair trading practice which is run by the various tour operators. For protecting the interest

of the consumer legislation is made through which the consumer get compensation if there is

contract of breach is made by the tourist operator. The process of ABTA bonds and ATOL

licenses are some example of procedure which protect the consumer interest. (Managing

Health and Safety in the Hospitality, Travel and Tourism Industry, n.d).

There various duties and responsibility of the travel stop but they have to do the following for

sell their tour product. These are:

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1. On the behalf of the tour operator the travel stop can make sell their whole package of the

travel.

2. They can sell the some travel product like sell the flight tickets on the behalf of the

airlines and providing accommodation on behalf of the hotels.

3. They also have to create the package of the airlines ticket and sell that package etc.

The members in the travel stop are Association of Cruise Experts, Association of British Travel

Agents, Air Travel Organizers’ Licensing, IATA - International Air Transport Association,

AITO - Association of Independent Tour Operators (Managing Health and Safety in the

Hospitality, Travel and Tourism Industry, n.d).

There is council directive is appointed for the protection of the consumer. The council directive

protects the consumers who are under the contract with the tour operator in related to the travel.

The information which is provided under the brochure which is indicated clear about the meal

plan, price of accommodations charges, the transport which is used by them etc. is cancelled then

it is necessary to inform, the consumer and at this point consumer have the right to terminate

their contract. Consumer also have right to terminate his contract if the organizer is also fails to

perform his duties according to the contract. (Managing Health and Safety in the Hospitality,

Travel and Tourism Industry, n.d)

TASK 4

P4. Understand the role of business ethics in the travel and tourism sector

P4.1 Analyze ethical dilemmas faced by the travel and tourism sectorThe tourist have desire to gain experience in their adventures during journey. Individual have

wish to see the other lives of people, that how they live. The tourist have desire to observe the

people in their genuine surroundings, as well as they also learn the corporeal materializations of

their lives. The inwards of the tourist are bound with the selected destinations which have the

variety of different grouping, nations, or communities. In recent times the most criticized part is

that to lying in the tourists resort but at present the purpose of the cultural tourism that it is

treated again and again as conscientious tourism. The tourists are in their self-confidence they

are aware about their world. They treated the native people as Disneyland employee who always

act as an exotic scene. (University School of Physical Education (AWF) in Poznan, 2012)

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P4.2 Analyze the Corporate Social Responsibility (CSR) policy of a specified travel and tourism businessCorporate social responsibility- It is a business practice which involve in initiative in the benefit

of the society. It is also referred as corporate citizenship which involves short term costs which

is not giving immediate financial benefits to the company but it gives benefited for the society

and environment. Some companies have lot of power in the society and also in the national

economy. They have lots of assets and cash in billions so they dispose in the society programs or

invest in the society programs. Corporate social responsibility has been giving the meaning from

the variety of dimension such as environment, economic stake holders.

A corporate social responsibility is a responsibility and a commitment made by the business that

they behave ethical and they also make contribution in the economic and social development for

making the improvement in the life of the individual and their family in the workforce as elel as

for the public at large. (Holme R, 2000).

Corporate social responsibility has the most impact of a corporation in the society during its

central commerce-

At the workplace and the market place

The product supply chain and the method of produce the goods.

The “Corporate Social Responsibility General Guideline for tourism sector in Pokhara is the

outcome of a series of collective interactions and debates between Pokhara Tourism Council,

tourism and non-tourism related various member organizations of Pokhara Tourism Council and

the researchers of the Swiss National Centre of Competence in Research (NCCR) North-South”.

There are various factors which are responsible for contributing the factors in increasing the

company’s interest in CSR.

1. Due to increasing globalization

2. Legislations and regulations are growth related in the environment

3. Market competition has been increased

4. The reputations of the brand.

And some others factors which are responsible for increasing the interest.

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The guidelines which are provided by the CSR for tourism in pokhara

1. It aware the importance of the pokhara destination for which it become the tourist

destination.

2. It also helps in protecting the local environment and culture in a sustainable way.

3. It also support the advantage that pokahra is a tourist destination in a global tourism

market.

4. The tourist company also sees the link between the CSR and other forms which are the

profit centers, product and services.

It has make possible the Corporate Social Responsibility carry out in hold up of disagreement

improvement as well as tranquillity construction in as well as in the course of tourism in Pokhara

Valley. This teaching is an effect of PAMS project that intended to upscale as well as make

stronger the tranquillity probable of tourism by trying to change the limited tourism

performances as accountable as well as sustainable economically, and socially too The purpose

of this scheme was to make corporate social responsibility principles on combined basis.The

purpose of this scheme was to make corporate social responsibility principles on combined basis

(J, 1994).

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Refrences1.Blackman, H. (2005). Travel & Tourism: AS Level for OCR : GCE AS Level Double Award.

Heinemann.

2. HolidayTravelWatch. (2015). Consumer Rights in The Package Travel Regulations - Know

your travel rights. Retrieved 5 26, 2015, from

http://www.holidaytravelwatch.com/action/package-travel-regulations/your-consumer-rights-in-

the-package-travel-regulations[Accessed 9 Jun. 2015].

3. legislation.gov.uk. (n.d). Carriage by Air and Road Act 1979 . Retrieved 5 26, 2015, from

http://www.legislation.gov.uk/ukpga/1979/28/pdfs/ukpga_19790028_en.pdf[Accessed 9 Jun.

2015].

4. legislation.gov.uk. (n.d). Race Discrimination Act 1976. Retrieved 5 25, 2015, from

http://www.legislation.gov.uk/ukpga/1976/74/pdfs/ukpga_19760074_en.pdf[Accessed 9 Jun.

2015].

5. legislation.gov.uk. (n.d). Sex Discrimination Act 1975. Retrieved 5 26, 2015, from

http://www.legislation.gov.uk/ukpga/1975/65/pdfs/ukpga_19750065_en.pdf[Accessed 9 Jun.

2015].

6. legislation.gov.uk. (n.d). The Consumer Protection from Unfair Trading Regulations 2008.

Retrieved 5 26, 2015, from

http://www.legislation.gov.uk/uksi/2008/1277/pdfs/uksi_20081277_en.pdf[Accessed 9 Jun.

2015].

7. legislation.gov.uk. (n.d). Trade Descriptions Act 1968 . Retrieved 5 25, 2015, from http: 20.

Lexis Nexis Services. (2015). Occupiers Liability. Retrieved 5 26, 2015, from

https://www.google.co.in/url?

sa=t&rct=j&q=&esrc=s&source=web&cd=5&ved=0CD4QFjAE&url=https%3A%2F

%2Fwww.lexisnexis.com%2Fuk%2Flexispsl%2Fpersonalinjury%2Fsynopsis

%2F471%3A527%2FTypes-of-claim%2FOccupiers%2527-

liability&ei=AhRlVcWoDoaSuATvuYOgCg&usg=AFQjCNHz//www.legislation.gov.uk/

ukpga/1968/29/pdfs/ukpga_19680029_en.pdf[Accessed 9 Jun. 2015].

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8. Employment Protection (Consolidation) Act 1978. [online] Available at:

http://www.legislation.gov.uk/ukpga/1978/44/contents [Accessed 9 Jun. 2015]

9. The Race Relations Act 1976. [online] Available at: http://www.inbrief.co.uk/discrimination-

law/race-discrimination.htm [Accessed 9 Jun. 2015].