ContentsTASK-1...................................................................................................................................................2

P1. Understand the legal and regulatory framework in the travel and tourism sector.....................2

P1.1 – Explain the legal and regulatory framework of the travel and tourism sector....................2

P1.2 – Discuss surface, sea and air transport law in relation to the carriage of passengers within the legal and regulatory framework..............................................................................................5

TASK-2...................................................................................................................................................7

P2. Understand legislation and regulations relating to health, safety and security in the travel and tourism sector...................................................................................................................................7

P2.1 – Evaluate the impacts of the principles of health, safety and security legislation on the travel and tourism sector..............................................................................................................7

P2.2 Analyse legislation that relates to equality............................................................................9

TASK-3.................................................................................................................................................10

P3. Understand consumer protection legislation in relation to the travel and tourism sector.......11

P3.1- explain contract legislation in relation to travel and tourism customers...........................11

P3.2- explain consumer protection legislation in relation to travel and tourism customers.......13

TASK-4.................................................................................................................................................14

P4. Understand the role of business ethics in the travel and tourism sector..................................14

P4.1 Analyse ethical dilemmas faced by the travel and tourism sector.......................................14

P4.2 Analyse the Corporate Social Responsibility (CSR) policy of a specified travel and tourism business.......................................................................................................................................16

References...........................................................................................................................................18

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 sectorLegal framework: - It is the broader system which involves rules which governed and

regulated the decision making, agreement, laws etc. As we see tourism sector is increased day

by day and now it is large economic sector. For the regulation of tourism there are various

legal framework is established. The regulation of the tourism sector is different to different

countries. There are also including the industry specific laws and there is various

international regulations.

Development of tourism Act 1969:- This act laid down the various rules and regulation for

the tourism sector. This legislation is regulated in UK. This act also establishes the British

tourist authority and tourist boards for England, Scotland, and wales.

[Legislation.gov.uk,2015]

Laws and tourism: - Laws and tourism both subject is difficult and very complex to study.

Laws include the issues like environment protection health and safety of the individual

company law, contact law, IPC and CRPC etc. But tourism includes all the rules and

regulation of the tourism sector in which it also protect the interest of the individual which is

travel through any mode of transport. But tourism rules and regulation is different from

country to another. All the countries have different sector and they have also different rules

according to their sector.

There are various diverse laws which influence the travel industry. These are:-

1) First is the consumer protection from unfair trading regulation 2008 which protect the

consumer from any misleading, unfair commercial practices.

2) Health and safety legislation: - The main aim of this act is to protect the consumer from the

risk at the workplace law impose certain duties on both employee and employees.

3) Licensing act 2003:- This act provides the license for selling the alcohol in the premises. If

any person does not the license and sell the alcohol in late night then it will be an offence.

4) Sexual offence:- It replaced the older sexual offence act. It prohibited the offence which is

like sex racket, child abuse.

5) Package travel regulation

6) Data protection act 1998

Industry is regulated by:-

HSE

A) It is known as health and safety at work act 1974

B) This is single piece of legislation in Great Britain for the employees’ health and safety.

C) It is responsible for protecting the employees.

D) This act imposes some duties and obligation on both employee and employer.

E) Employee are under obligation that to use the necessary safeguard.[ Hse.gov.uk,.2015]

Health and safety commission:-

1) The act health and safety is commission regulated the act health and safety 1974 for the

Britishers.

2) Under this act employees and employers are under the obligation.

3) Both have duty when they at the workplace.

4) Health and safety commission includes the six and nine people who are appointed by the

appropriate secretary of state. [Legislation.gov.uk, 2015]

SRA

1) It is a strategic rail authority

2) Railway is regulated through the Railway act 1993 and the main aim of this act is to divide

the BR.

3) Rail office has the power to regulate and prevent the abuse of dominant position.

4) In railway act 2005 there are some changes have been made and also enforced the licence

conditions and also protect the consumer’s interest.

IATA:-

1) It is known as international air transport association which is established in 1945.

2) This deals with the association of the world airlines.

3) The headquarters of IATA are in Montreal, Canada with executive offices in Geneva etc.

CAA: - This civil aviation authority which deals with the protection of consumers when they

travel through the air transport and this protection is given in the UK. It is the government

agency.

ATOL

1) Air travel operators licensing.

2) It provides the protection to the consumers who used the air transport and purchase the air

tickets and tour package.

ABTA: - ABTA is knows as association of British travel agency which deals with the travel

agents and travel operators. The association have the control over the travel agents and travel

operators. There are 1200 members all around the world and which are represent in the 500

shops. It maintains the high standard.

Courts

1) The magistrates’ court deals with the civil and criminal case.

2) Country court is deal the case which is related to the land etc.

3) House of lords deal with the both civil and criminal case.

4) Crown court deals with the criminal suits.[Duval, D. T (2007)]

P1.2 – Discuss surface, sea and air transport law in relation to the carriage of passengers within the legal and regulatory frameworkSea and waterways regulation: - The passenger’s rights are included in the regulation No-

1177/2010 who is travel through the sea and inland waterways. This regulation is applies to

the passengers who are travelling.

1) Through ferry services the point of embarkment is in the territory of a member state.

2) Cruise where the point of embarkment is situated in the member of state.

3) Through the ferry service in which the point of embarkment outside the territory of a

member state.

EU regulation is not applied on the passenger who travelling:-

1) The ship which is certified to carry the 12 passengers.

2) The crew of the ship is responsible for operating the ship.

Air transport regulation:-

1) Warsaw convention 1929-

A) International carriage is defined under this convention.

B) In this passengers are protected when they use air transport.

C) When any person caused any death, personal injury or damage then the passenger is

responsible claiming the compensation for the loss he suffers.

D) Passengers are also under obligation that to carry the tickets while travelling.

2) Montreal conference 1999:-

A) Warsaw convention 1929 is replaced by the Montreal conference 1999 which came to be

forced on 4 Nov 2003.

B) It is single piece of legal system.

3) Denied boarding compensation schemes 1997

1) This board have the duty to protect the passengers and also raise the standard of the

passengers which uses the air transport

2) This board is also protecting the passengers if any flight is delayed or cancelled due to

some reasons.

Carriage by air and road act 1976:- This act also gives protection to the passengers who are

travelling through road. The carriage is responsible for the protecting the passengers. If any

injury, loss is faced by the passenger then it carriage is under the obligation to pay the

compensation.

TASK-2

P2. 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 sectorThere are various legislation is framed for the individual, health, safety and security. In travel

and tourism sector the health of the individual is also protected through the health and safety

at work act 1974. This act deals with the individual heath and security ay the workplace. In

this act employer is held responsible for the act done by the employee. But employer is held

responsible if any act is done by the employee is with the permission of the employer.

Employer is responsible for the protection of the employee at the workplace. Both the

employer and employee have their own duty. Some measure step has to be taken in the

business premises are:-

1) The workplace should be safe and properly maintained.

2) Employees are trained related to the health and safety.

3) There should be properly entry and exist in the workplace.

4) Safeguard measure have to be taken at the workplace.

This act is regulated by health and safety commission when the regulation is not regulated

by HSC then they have 3 option. It can issue either guidance or approved codes of

practice and regulations. This act laid down various duties on both employers and

employees.

Employer duties:-

1) Employer has the duty to provide safeguard to the employees in his premises.

2) It has duty to provide first aid facility to the employee.

3) Proper lighting at the workplace.

4) Employer has duty to give the training to the employee regarding safety.

5) Employer also provides information relating to safety of the individual in the

workplace.

Employee duties:-

1) Employee has the duty to use the safeguard measure which is used at the workplace.

2) Employee must use the safe equipment.

3) Use protective cloth at the work where is work is highly risk.

Duty of care and vicarious liability:-

DUTY OF CARE: - It is that which the manufacture is responsible for the consumers

interest vicarious liability is that in which the superior is responsible for the act of the

subordinate. Example of vicarious liability is employer is held responsible for the

employees act, principle is responsible for the agent.

OCCUPIER LIABILITY 1957 AND 1984

OCCUPIER LIABILITY 1957:- In this owner is under the obligation against the person

who visits at his land. That means occupier is under the obligation in regard their visitors

which is lawful in nature.

OCCUPIER LIABILITY 1984:- In this occupier is under the obligation against the

person who cannot the visitors.[E-lawresources.co.uk,2015]

DATA PROTECTION ACT 1988:- This act implements the individual rights of the

personal data which was implement in March 2001. It is the duty of the company that

protect the individual information personal information of the individual information

personal information of the individual includes the bank details, contact number, house

details and any other information which is necessary for the company. In data protection

act 1988 includes eight principles.

Principle 1:- The information which is provided to the individual to the company must be

with the consent. Consent by must be free from the undue influence, force, fraud etc.

Principle 2:- The information which is collected by the individual is must be used for the

limited purpose. If the company use the information for any other purpose then the

company should take permission from the individual.

Principle 3:- The necessary information is collected by the company must be sufficient

not excessive.

Principle 4:- The information of individual must be accurate and updated.

Principle 5:- The Company cannot hold the information of the individual for the longer

time period.

Principle 6:- The information should be used by the company which must be in

accordance with the right of the individual.

Principle 7:- Company is under the obligation or have duty to protect the information of

the individual.

Principle 8:- The information must be within the premises of the company.

P2.2 Analyse legislation that relates to equality

EQUALITY- Equality means that all person are treated equal without any discrimination.

In the eyes of law all persons are equal.

DISCRIMINATION- Discrimination means people are not treated equally.

Discrimination can be made on the race, sex, religion, caste etc.

For eliminating the discrimination and treated all person equally then there is various

legislation which are related to the equality and eliminate the discrimination.

1) RACIAL DISCRIMINATION ACT 1956:- This act has been laid down regulation

eliminating the racial discrimination between the people. Racial discrimination

includes the discrimination has been made on race, colours, nationality, origins or

ethnic. This type of discrimination has mainly done in the employment. So this act

provides protection to the individual from the racial discrimination in the field of

education, employment, housing etc.

2) HUMAN RIGHTS ACTS 1998:- This act was passed in the UK in 1998. This act has

been established for including the rights of the individual which are contained in the

European convention on human rights into the UK rights.

3) DISABILITY DISCRIMINATION ACT:- Disability discrimination act provides

protection to those person who are disable. Disability discrimination has been made

in the field of education, employment, housing and in other sectors. In this act these

are various rights which is provided to the individual who are disabled

4) SEX DISCRIMINATION ACT 1975:- This act laid the provision which is related to

the sex discrimination. Sex discrimination has been made in the field. Of

employment, education, harassment etc. This act includes 87 sections which is related

to the sex discrimination. This act is the UK act of parliament. It gives equal

protection to both individual men and women. This act eliminates the sex

discrimination and promotes equality among the individual.

[Legislation.gov.uk,.2015]

5) EMPLOYMENT PROTECTION CONSOLIDATION ACT 1978:— This act deals

with the protection of the employee in the course of their employment. This act is the

descendant act of the employment right act 1996. In this it provides the rights of

employee at the workplace.

6) EMPLOYMENT PROTECTION ACT 1998:- This act laid down various provisions

related to the protection of the employees and employers in the workplace. This act

provides protection in both public and private sector. This act also provides the

maternity leave to both employer and employees.[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 customersCONTRACT: - Contact is an agreement between the two or more parties in which rights and

obligation of both the parties is arise and these rights and obligation is enforced by the court.

IMPORTANCE OF CONTRACT:-

1) The passenger and the travel company must know that they are legally bound with each

other.

2) Under the contact the travel company have right to claim the payment and consumer have

also right to claim the compensation if the travel company is not fulfilled his promise.

3) A travel company must be informed to the consumer that they establish a contact between.

4) A travel company also communicate the terms and conditions of the contact to the

consumer.

ELEMENTS OF VALID LEGAL CONTACT:-

For the valid legal contact in travel and tourism sector must be:-

1) Offer.

2) Acceptance.

3) There must be consideration.

4) Intend of parties to create legal relationship.

5) There are terms and condition.

6) The parties must be competent.

1) OFFER:- One party have to made offer to the other party if other party accepted the offer

then both parties are enter into the contact. For making offer there should be two parties are

exist. For example when any family goes on holiday then it will stay at hotel. In this family

make a contact with tour agency then tour agency gives the form to fill that. Then family

member read all the rules and regulations and fill the form. Then in this the family member

and tour agency are enter into a contact.

2) ACCEPTANCE: - If any person accepts the offer then it will be acceptance. In travel and

tourism when family or tourist make discussion with the travel agent about the tour package

and etc. Then he will decide that he will buy the tour package then it is acceptance.

3) CONSIDERATION: - There must be consideration for the valid contact. In travel the

tourist pay the consideration amount to the tour operator in the package holiday contact.

4) CAPACITY: - Parties must be in capacity. It is very difficult to enter into a contract with

minor in tour and travel industry but this type of contract is rarely occurs.

5) CERTAINTY: - If the contract is not certain then it will not valid. If any guest want to stay

on a hotel for some days then he have to give necessary detail that how many days he\she

leave the room of the hotel etc.

In travel and tourism sector are three types of contract is exist:-

1) Contract for supply of goods.

2) Contract for provision of services.

3) Contract related to package holiday.

SUPPLY OF GOODS AND SERVICES ACT 1988:- According to this contract the supplier

must have to supply the goods and provides services according to the contract because the

consumer who enter into the contract with the supplier then he have some expectation. In

travel and tourism the consumer is entitled the good accommodation of the hotel. The room

must be clean and other if it is not then under the contract consumer will sue the supplier.

HOLIDAY CONTRACT:- Holiday contract is also like the other contract. It also includes

terms and conditions. The terms and conditions in holiday contract are:-

1) The thing which is agreed by the individual with the holiday company.

2) There should be the description of the hotel, place etc. in the brochure.

3) Something which is mentioned by the traveller.

Term built in by consumer law:-

1) Some terms and conditions which are automatically which is included in the holiday

contract are called implied terms.

2) It is essential in the holiday contract that service which is provided to the tourist must be

provided with reasonable, skill and care.

Terms and conditions which are agreed by the tourist with the holiday company:-

1) Express terms includes: -Hotel location , name , date of staying , date of leaving the hotel

and what type of room is available in hotel, meals etc.

2) Some terms which are not considered as much more important terms then these terms are

called major terms.

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

Trade description act 1968:-

1) This act deals with description of goods and services which is traded.

2) This act is replaced by the Merchandise Marks Act 1887 to 1957.

3) After this act there are various mew provision are included relating to the misdiscriptions

of goods and service which is traded.

This act provides protection to the customer who is faced the misdiscription of goods and

services by the hotel. Hotel is under the obligation that provides the goods and services

according to the description of goods but the hotel is not provide according to the description

then consumer have right to file suit against the hotel under the hotel under sec -14 of the act.

CONSUMER PROTECTION ACT 1987:- This ac protect the interest of the consumers. The

manufactures are under the obligation duty towards his consumers. When any consumer buy

any product then he have right to know about the product. So it is the duty of the manufacture

that put the essential information related to expiry date, ingredients of the product on the

product. This act also protects the consumer through:-

1) Any malpractice

2) Any goods which is unsafe.

3) Local council have the power to grap the good which is not safe for individual health.

This act is replaced by the trade description act 1968 and consumer protection act 1987.

PACKAGE TRAVEL REGULATION: -This regulation protects the individual. Tour

operator is under the obligation on that he have to furnish all the information related to tour to

the tourist. The tour operator furnishes the information which is mentioned in the information

sheet and also provides the information which is related to facility in the sheet. If the facility

is not fulfilled by the tourist then they will breach the contract consumer protection from

unfair trading.

REGULATION 2008:- In this act the consumer are protected from the unfair trading

practices. Unfair trade practices includes like practise which is against the law any misleading

information which is given in any brochure, article, advertisement which is related to the tour

packages.

TASK-4

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

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

ETHICS: - Ethics is the discipline which examiner the good or bad practise in the context of

a moral duty. Ethics issue are different to different organisation. There are various mentioned

below:-

1) The information of proprietary has been misused.

2) The assets of company is also misused.

3) There is drug and alcohol abuse.

4) There is environment pollution and destruction through various means.

5) Discrimination in hiring and promotion.

BUSINESS ETHICS:- Business ethics are the business values which is used in the business

ethics are the some moral guideline which is used for governing good behaviour.

MORAL VS ETHICS:-

1) Ethics is the rules according to which how people should behave and it is based upon on

moral obligation and duties.

2) It helps in understanding that what is right of what is wrong through which one promotes

for do right thing.

3) Morals are the values which also refer what is right, character of the person and good

behaviour some values are the honesty, integrity, fairness, accountability.

ETHICS VS LAW:-

1) Ethics tells about what is wrong or what is right.

2) Law tells about what is lawful or what is unlawful.

BUSINESS ETHICS:- Business ethics is implement through a code of practices. These codes

are becoming popular especially in the larger business and thus it includes the area such as:-

1) Corporate social responsibility.

2) Customer dealing and supply chain.

3) Some policy related to environment.

4) Personal and corporate integrity rules. [Smith, P and Colman, J. (2006)]

ETHICS IN TRAVEL AND TOURISM:-

1) The ethics issue in travel and tourism are in the four areas:-

A) Supply chain.

B) Local community.

C) Workplace.

D) Community.

2) Most concerned about the forced labour or exploitation of the migrant workers in the

workplace.

3) Tourism industry manager faced ethics dilemmas in the daily operation which is arise in

the tourism sector.

4) There has been need to think about the sustainable or responsible tourism at global level.

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

CORPORATE SOCIAL RESPONSIBILITY:- Corporate social responsibility is become

popular in 1960 corporate social responsibility is that in which the company or any industry

in under the obligation or have duty towards his society. And the company is under the

obligation that they have to fulfil the responsibility towards the society. Company have some

responsibilities which are mentioned below these are:-

1) Company have to use eco-friendly resources.

2) Company have to make contribution towards in the education, cultural and social

programme.

3) Company have to set up the waste and pollution reduction process through which

the environment of the society should be clear and non-polluted.

Corporate social responsibility is such a kind of responsibility in which society gets benefit

from the company in various means. The company is not receiving the immediate benefits

from the corporate citizenship. Company who are involved in corporate social responsibility

have the large share or lot of power over the economy. Companies also involved in the

development of the society through corporate social responsibility in simple means it is the

commitment which is given by the company of the society that they will make contribution in

the development of the society and also act in behavioural manner of ethical manner.[Gov.uk,

2015]

Company through such action can take part in corporate social responsibility. These are:-

1) By making involvement in society:-

A) By providing employment opportunity to the local workers of the society.

B) Indulge in the fair trade practices and stop unfair trade practices.

C) Some local events are organized in the society.

D) Giving charity to the orphanage.

2) In environment:-

A) By using eco-friendly resources.

B) By preserving bio-diversity.

C) Manage the waste of the company.

D) Protect environment through recycling the waste product.

THOMAS COOK:- Thomas cook is a very famous or having respected name in the travel

industry. They believe that company does not exist for doing the good business but also have

to do go for the society. They always have respects and show respects towards the

community especially the group which is economically and socially backward. Thomas cook

limited Co. has the corporate social responsibility committee. The meeting is held on 28 Aug

2014 in which they decide the company annual corporate social responsibility budgets and

also mentioned the areas on which they have to focus on:-

1) EDUCATION AND EMPLOYABILITY: - Thomas cook provide the diplomas\degrees

related to the travel and tourism to the years adults where they are economical backward

family by providing vocational education.

2) HEALTH AND SANITATION:- There is lack of sanitation facilities at the tourism spot or

in the tourist place. So Thomas cook also provide the proper sanitation and environment

friendly toilet which are should be kept neat and clean.

3) RURAL\TRIBAL AREA: - Company also develop the rural\tribal area through by

providing the ecology, education, health, women empowerment.

4) BY PROVIDING FUND:- Thomas cook provide the fund for the emergency and red cross

society and also in the man-made or natural disaster.

BUDGET FOR CSR:- Thomas cook limited spent the amount at least 2% of the average net

profit. This operations is three financial year preceding financial year. If any surplus or any

benefit is received from any activity of the corporate social responsibility then it will not

include in the business profit of the company. The policy of corporate social responsibility is

regulated and monitored by the two tiered governance structure. These tiers includes

following:-

Tier1:- Corporate social responsibility committee of the board.

Tier2:- Comprises the steering committee.

In the board of corporate social responsibility of the Thomas cook includes, managing

director and 2 directors include, independent director. The board of director have the power

to decide that how the fund will be properly used in the corporate social responsibility. The

Board of director have also power to re-constitute the committee from time to time.

The main aim of the Thomas cook is to provide the benefit to the people, society, travellers

and tourist industry.

They also focus on protecting the environment Thomas cook is one of the first who introduce

the carbon offsets in early 2002 and they also one who remove the environment issues.

CHARITY DONATION: - They regularly donate money in charity which is 14% from their

profit in between the years 2006 and 2004.

LOCAL SUPPLIERS: - They always use the local suppliers because they want that more and

more income earned by the local area. Local suppliers include web developer, IT equipment,

supplier, information architect etc.

References Duval, D. T (2007) Tourism and Transport: Modes, Networks and Flows.

Bristol: Channel View Publications

E-lawresources.co.uk,. 'Occupiers Liability'. N.p., 2015. Web. 22 June 2015.

Gov.uk,. 'Corporate Responsibility: Call For Views - Consultations -

GOV.UK'. N.p., 2013. Web. 22 June 2015.

Hse.gov.uk,. 'Health And Safety At Work Etc Act 1974 – Legislation

Explained'. N.p., 2015. Web. 22 June 2015.

Legislation.gov.uk,. 'Consumer Protection Act 1987'. N.p., 2015. Web. 22

June 2015.

Legislation.gov.uk,. 'Development Of Tourism Act 1969'. N.p., 2015. Web. 22

June 2015.

Legislation.gov.uk,. 'Sex Discrimination Act 1975'. N.p., 2015. Web. 22 June

2015.

Legislation.gov.uk,. 'Employment Rights Act 1996'. N.p., 2015. Web. 22 June

2015.

Legislation.gov.uk, Health And Safety At Work Etc. Act 1974 (2015)

<http://www.legislation.gov.uk/ukpga/1974/37

Smith, P and Colman, J. (2006) Ethics in the Tourism and hospitality industry.

Journal of Business Ethics, 15/11, 1175-1187.