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

Page 1 of 19

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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