ContentsIntroduction.................................................................................................................................................1

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

P 1.2 – Discuss surface, sea and air transport law in relation to the carriage of passengers within the legal and regulatory framework...........................................................................................................3

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

P2. 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.......................................................................................................................................................8

P3. Understand consumer protection legislation in relation to the travel and tourism sector..................8

P3.1- explain contract legislation in relation to travel and tourism customers.....................................8

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 Analyse ethical dilemmas faced by the travel and tourism sector.............................................11

P 4.2 Analyse the Corporate Social Responsibility (CSR) policy of a specified travel and tourism business.............................................................................................................................................13

Conclusion.................................................................................................................................................15

References.................................................................................................................................................16

Introduction

Now a day the tour and travel industry has been increased. More and more peoples are travelling

each year’s overseas. So there should be regulations which protect the consumer who are

travelling through the nay means of transport.

So, the present assignment aims to study on the tourism sector and their regulations and the

dilemmas which are faced by the tour and travel industry as increasing the travel industry. There

are 4 tasks which are concerned with the rules and regulations and also the corporate social

responsibility.

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

Travel and tourism sector has been increased day by day. As a result the legal regulatory

framework has been diverse. There are various laws which apply to thetourism in the unseen

situations like any damages disappointment. [Duval, D. T (2007)]

Development of tourism act1969- this act is established for the travel and tourism sector in U.K.

this act provide for the establishment of British tourist authority and tourist boards. The diverse

law which influence the tour and travel industrythese are-

1) Consumer protection from unfair trading regulation 2008

2) Health and safety legislation

3) Licensing act 2003

4) EU directives data protection act 1988

And many other laws which diverse the tour & travel industry.

ABTA- ABTA is established in1950 which comprises 22 heading tour & travel company. At

present ABTA represent 5000 travel company and in British isles there are more than 900 tour

option .ABTA has one aim is promote the standard of their member and served better to their

consumer.

HSE-Health and safety at work etc. 1976 is the primary piece of legislation which is related to

the health &safety executive which is responsible for the regulation of the provisions of the act. –

[GOV.UK (2015)]

HSC- health and safety commission is the non- department public body in UK. It was created by

the health and safety at work etc. act 1974. The commission is comprises of chairman and six

and nine other people which was appointed by the appropriate secretary of state. It has the

responsibility over England, wales and Scotland. The function of HSC is erased by the HSE in

Northern Ireland.

IATA – International air transport association is trades the world airlines, 250 airlines, are the

primarily carries 84% of total available seat kilometers air traffic. It supports all the airlines

activity.

CAA- civil aviation authority – The main duty of the civil aviation authority is to protect the

consumer from any loss or damage suffered in air. They are responsible for the safety of the

consumer in the aircraft. it gives advice to the government in the issues which is related to the

aircraft. Though the group noise pollution and aircraft air pollution it also gives the license to the

crew members and aircraft. Through the group which is known as consumer protection it

represents the interest of the consumers. It carries out the scientific research into the averment

impact of aircraft. – [GOV.UK (2015)]

ATOL- Air travel operators licensing- It is the civil aviation authority which is product the

people who purchased the holiday package and airlines ticket from the tour agency in UK. The

tour operator has to take license it is necessary for legally selling the air ticket. CAA is inspected

the business practices of the ATOL licensed firm. The man aim of ATOL is to protect the

consumer when they are affected by any event like airlines delayed then ATOL provide travel

for its costumer and arrange for flights who are return to their home. It protects the traveller

when they book the holiday package and airlines ticket in the UK. Ever year at protect 20 million

holiday makers and consumer. ATOL is the certificate it is used as a proof that any holiday

package or flight is booked is protected by ATOL. This certificate laid down the terms and

condition. [Caa.co.uk, (2015)]

SRA-SRA is the strategic rail authority the rail authority and railways is regulated through the

railway act 1993. They have power that to prevent or prohibited the co. who use the dominate

position. The main objective of this act is dividing the BR.

P 1.2 – Discuss surface, sea and air transport law in relation to the carriage of passengers

within the legal and regulatory framework

Since the beginning of the industry surface, sea & air transport are intertwined with the tourism

sea and waterways regulation. There are various rights which are available to the tourist who are

travel though the sea & inland waterways. The rights are included in the regulation no

1177/2010. These right are only available to the tourist so this regulation is apply to the

passenger who are travelling though-

1) Tourist use ferry services the point of embrakment is in the territory of the member state.

2) Tourist travel through ferry service. But the point of embarkment is not situated in the

territory of member state.

3) Cruise in which the point of embarkment is situated in the territory of member state.

This regulation is not applied to the tourist who are travelling though-

1) Ship which have certificate for carry only 12 passengers.

2) And crew is under obligation for operating the ship.

Air transport regulation –This convention protects the tourist which travels through the air

craft. The passengers have right under the convention that they claim damages if they suffer any

loss, damages, death or any personal injury. [Gov.uk, 2015]

Montreal conference 1999- Montreal conference 1999 replaced the Warsaw convention and it

came into effect on 4 November 2003. This is the single prime price of legal instrument from the

121 contracting states there are 525 participants, there is one non-contracting states and there are

11 international organization which are taking part in the historic three week conference.

Denied boarding compensation act 1997- This act is ensuring the high level of passenger

protection when they use air transport. This regulation including the various rules related to the

compensation and any other assistance to the passenger Ehen the denied boarding or the cancel

or delayed in the flights.

The regulation DBC is applies to the passengers who

1) Is travelling from the airport which is vested is the member states in which ec treaty is

applies or.

2) The airport situated in the third country but is situated in the member in which EC treaty

is also applies.

The rights establish is denied boarding if.

1) The flight is cancelled

2) Flight is delayed

3) Or denied boarding is against their wish.

International carriage of passenger by Road Act 1979-

1) This is carriage by air and road act.

2) It protects the consumer when they travelling through the road transport. This act gives

various rights to traveller.

3) If any person suffers any loss or damages due to the negligence of carriage then they will

get compensation.

4) But if there is no intention of carriage then the amount of compensation is less.

Athens convention 1974- it is the international carriage by sea act. This convention recognized

the carriage that makes journey though the sea transport. Carrier is under the obligation for the

injury, losses and damages which is caused by the passengers during the travelling by the sea

transport.

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 sector

The tourist are travelling overseas every years the tourist expect that they are more safe at time

of journey, they expect that they have various right which they can make use if any accident is

happen. So it is the duty of the traveller company that they protect the tourist when they are

traveling. It is the first priority of the travel provider toward their tourist.

Need of legislation- working environment is the place where there is wide possibility of the

hazardous rule stance which is risk to the employers. So at the workplace the employer is

responsible for protecting their employers at the hazardous place in the work place. Employers

are also having duty that they repeat to the employers in order to minimize the risk of accidents.

Health and safety- Health and safety is the first priority of the employer towards their

employer. The main purpose of establishing the law is to protect the employer and if they suffer

any loss or personal injury then there are provisions are laid down for compensating the people.

In UK it is the criminal offence which is imposed upon the employers if they not providing

proper occupational health and safety method.

Health and safety executive- Health and safety executive are regulated the provision of the

health and safety act health and safety law is also known as umbrella because it includes the

various number of other Act which covering the main aspects of health and safety.

Health and safety commission – health and safety commission is regulated by the health and

safety executive. It is under the obligation that they have to recovering the law and for initiating

research.

The three main purpose of the HSC guidance are-

1) To help people in understanding the law.

2) To help people comply with the law.

3) They also give technical advice to the people

Employer’s duty-

1) They have to provide proper facilities of toilet canteen etc.

2) Proper lighting at the work place.

3) There must be first aid facility.

4) Gives training to the employers on health and safety information.

5) There should be proper space.

Employee’s duty-

1) Should wear proper protective safety guard.

2) Should follow the health and safety policy

3) Must use safe equipment.

4) Prevent the accidents etc.

Vicarious liability- vicarious liability is that situation in which the employer is held responsible

for the act committed by the employers. But it is necessary that act alone by the employer must

be given by the employer to the employee.

Duty of care- Duty of care means the manufactures of the product is responsible for the

protection of the consumer interest.

Occupier liability 1957&1954 –

According to occupier liability act 1957 occupier is held responsible for the lawful visitor who is

the lawful is nature.

According to occupier liability act 1984 occupier is not held responsible against the person who

is not the visitors.

Date protection act 1988- date protection act 1988 is that in which the personal information of

the individual is protected by the company the individual information is collected by the

company when the individual purchase the good & service. It is the duty of company that makes

use only the personal information only for specific use not any other use. There are 8 principal of

data protection act 1988.[Legislation.gov.uk, 2015]

P2.2 Analyse legislation that relates to equality

Legislations which are related to equally

1) Sex discrimination act 1975-

A) It is the act of parliament which protected the men and women from the discrimination which

is on the basis of sex, religion, marriage etc.

b) This act is mainly concerned the discrimination at the employment, training, education,

harassment.

Race discrimination act 1976-

1) This act was established by the UK parliament for prohibited the racial decimation.

2) Racial discrimination is on the basis of race, casts, color, and nationality, ethnic which is

mainly concerned in the field of employment education at public functions.

Disability discrimination act 2005-

1) Disability discrimination act is applied to the people who are disabled in nature.

2) This act prevent the discrimination which is made in the field of education, employment

etc.

3) They are protected by the reservation quarters.

4) It also make raises to the disable people that they can take property on sent for tenants to

make disability related adaptations.

Employment act 2002 –

a) This act is introduced the new provisions which is related to the employment in this there

are various provision which resolves the disputes of the employers, employee get equal

payment without any discrimination.

b) Employees have right to take maternity leave and any statutory leave.

[Legislation.gov.uk,2015]

Human right act 1988-

1) This act is available is the courts of U.K in which remedy is provided foe making breach

of right which is contain is the European convention on human rights, through this they

have not go to the European court of human rights.

2) It abolished the death penalty in the UK.

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 customers

contract is the agreement In which both the parties must be major and it is made the two or more

parties, thus when the agreement is signed by both parties then contract is became legally

binding upon the both the parties. Both are under contractual obligation and it is enforced by the

court.

Importance of the court-

1) The consumer and the travel agency are legally bound to each other under the contract.

2) The travel company is under the obligation that they have to the full fill all the conditions

which is laid down in the contract otherwise the consumer has right to claim the travel

company for the los he suffer.

3) Under the contract the terms and condition is laid down for payment of holiday’s package

by the tourist.

4) It is necessary that terms and conditions should be communicated to the tourist elements

which are necessary foe the valid contract.

Offer – It is the first element for the valid contract act 1950. The offer must be made by the one

party is known as offered. The person who accepts the offer is known as offered. For making an

offer it is necessary that there must be two parities. If the offer is accepted the other than it will

leads to valid contract.

Example-

Tour agency gives the form to the family member. In which terms and conditions are laid down,

if the family member signed the form ten there is legal valid contract is maid.

Acceptance- The offer must be accepted the other party in the holiday package contract the

tourist after making long discursions with the travel operator after knowing the detail conditions

of the holiday contract then the tourist is agree to both the product.

Consideration – There must be some consideration in the contract. In holiday contract the

tourist has to pay the amount of holiday package to the tourist company.

Capacity – Both the parties must have capacity to enter in to the contract mine who are enter

into the holidays contract give their number but it is very difficult to arise in practices this is

occurs rarely.

Certainty- The main element of contract is certainty. The terms and conditions which are stated

in the contract must be certain means clean and understandable for the valid contract.

The contract is travel and tourism are-

1) Contract in supply of good and services.

2) Contract related to the holiday package.

Contract is supply of good and service is regulated by supply of good & service act 1982. Any

consumer who enter into the contract they expect that good and services is must be provided

according to the description under the contract like tourist expect they that accommodation must

be clean there should be proper meal on time.

Holiday contract-Holiday contract is also similar as the other contract. In which there are

certain terms and conditions are person which are mentioned below-

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

2) The holiday description is through any breech advertisement, any website which also

include the photos and pictures.

3) Other terms and conditions like hotel name time & date of staying in the hotel etc. [Grant,

D. & Mason, S. (2012)]

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

Consumer protection law is that which protect the consumer from the unfired trading practices

the consumer which are indulging in business dealing such as buying the goods or borrow the

money.

Trade description act 1968- Trade description act 1968 replace the merchandise marks act 1887

to 1953. It laid down the various fresh provisions like misdescriptions of goods & service unfair

trade practicesaccommodation and other facility which is provided in the course of trade. This

act prohibited the use of false or misleading information related to the price of good the

consumer. If any manufacture gives false information to the consumer than manufacture is

committed the offence and he will be liable to pay the penalty which is imposed.

[Legislation.gov.uk, 2015]

Consumer protection act 1987-

This act protect the public through these steps-

1) By prohibiting the manufacturing and supply of good which are not safe for one

individual

2) The goods which is manufactured by seller is not defective if it is defective then seller is

responsible for the damages which is caused by the consumer.

3) Local council have power that if they have any suspected as unsafe for the individual

Trade description act 1968 and consumer protection act 1987 is replaced by the consumer

protection from unfair trading regulations 2008.

New regulation which are added in the consumer protection from the unfair trading regulation

2008

1) On 11 may 2005 the drenches on unfair commercial practices is adopted.

2) Imposes the duty on the manufacture that they trade fairly.

3) Main aim is to simplify whenever any sensible and appropriate.

4) Consumer protection regulations 2008 is came into force on 26 may 2008.

Important changes in CPR act

1) Definition of consumer is given in the CPR act.

2) Any person who might wish to be supplied for his own private use and consumption.

Consumer protection in tour and travel industry

1) It is necessary that prices should be contract.

2) If any extra charge has been imposed by using the card or cheques than it is necessary to

make cleans.

3) The rate of rom should be displayed at the reception.

4) The consumer should display at the reception what is excluded and what is included like

meals.

5) If there is any mini bar then it also delay indicates in rooms.

6) Any other material information should be given to the consumer.

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

Ethical tourism: Ethical tourism means is that tourism which gives benefit to the people and the

environment in different destinations. It is the better offer for the families who are living in

thearea by providing local product and also give services locally. There are various different

ethical issues which have been increased as the tour and travel industry has been increased.

Business ethics: The ethical value has been applied to the one individual business behaviour.

Ethics are the moral guidelines through which the individual is behave according. Ethics can go

beyond the legal requirement of the company but it is the discretionary power and individual

behaviour is guided by the values.

Moral v ethics

Morals states that what is right and what is wrong for the good behaviour and for the

good character. The values which define ethical principles includes honesty, integrity,

fairness, and also keep promises , caring of others leadership. Etc.

Ethics are the values through which individual behave, there are rules and regulations

which is based upon the moral duties and obligations.

Ethics v law

Ethics laid down rules and provisions which stated what is right and what is wrong.

Law states that what is lawful and what is unlawful.

So ethical decision is that which meet both legal requirements and ethical standard.

Business ethics

There is common approach which regulated the code of practice. Ethical codes are becomes

popular day by day because the travel business is also has been increased day by day, which

covers such areas like:

1. Corporate social responsibility

2. Various environment related policies and other actions.

3. Customers dealing and the supply chain.

4. Rules which deals with the personal and corporate integrity. [Chryssides G (1996)]

So ethical issues which are faced by the travel and tourism sector in the four main areas which is

prescribed as under:

1. Supply chain

2. Local community

3. Workplace

4. Customer [Chryssides G (1996)]

More concerned about the forced labour which is used in the supply chain or migrant

workers are exploited at the workplace.

The tourism manager has faced the various numbers of ethical dilemmas which is arising

in the daily operations of the tourism industry.

It is necessary to think globally by the all the peoples for the proper sustainable and

responsible tourism.

Challenges

The issue which is related to the environment like air pollution, ozone depletion, natural

resources is decreased.

Labour and the discrimination among the labors.

Moral issue.

Cultural commercialisation.

P 4.2 Analyse the Corporate Social Responsibility (CSR) policy of a specified travel and

tourism business

Corporate social responsibility is the role of the company which is playing in the society, in the

environments in which they operates. Each and every company is under the responsibility

towards the society that works in the interest of the society [Miller, G. (2001)].

There is no proper and one single definition of the corporate social responsibility. In simple

sense that the company has to adopt the ethical values which helps in regulating the open and

transparent business practices. It means that adopting the open and transparent business practices

which are based upon the ethical values.

The facts of the corporate social responsibility are:

The concept of the CSR is the voluntarily.

It includes all the issues related to the environed and social of the society.

It is not or cannot be separated from the business strategy and the business operations.

It is important for the aspects of the CSR that how the company interact with the internal

and external factor. [Miller, G. (2001)]

Shangri- La Hotels and Resorts Corporate Social responsibility

Every day at Shangri-La Hotels they deliver hospitality to their guest by heart. It is the same as

they treat their surrounding with the same the hospitality. They active CSR activities through

which they preserve the natural beauty of the planet and the natural resources and also make

better communities, they want to attempt the make the world better for the tomorrow generation.

They unified all the CSR activities under the umbrella brand which is sustainable under the five

main areas. These areas are:

1. Environment

2. Health and safety

3. Employees

4. Supply chain

5. Stakeholder’s relations.

This campaign educates their stakeholders, inspired and initiated the employees. Shangri –

La have the sustainability projects which includes embrace and sanctuary. Embrace project

of Shangri-La is deal with the children’s befits their health and safety, their education

programs. Each hotel of the embrace work is to improve the children’s and also gives

opportunity for the surrounding community with the hands-on support.

For examples the employees of the Shangri-La hotel is clean, make any renovation and also

restore any junior high school which suffer any insuffiency in the classrooms, toilets,

canteen, garden, and other things. It is the non- governmental organization.

Shangri-la hotel is also protecting the biodiversity of the environment. They make more

efforts for the protections of the conservation and the habitat protection. There are 19

sanctuary projects which have been protected by the Shangri-La hotels.

People’s projects by Shangri-La

The care for the people’s project by Shangri-La hotel was launched on September 2009. The

projects are committed with the hotels which have 15-20 years partnership and they are working

for the benefit for the children’s health and education. The hotels have to provide the

infrastructure support, life skill to the school, orphan, and any health care centre.

Their performance in 2012:

In 2011 there is 16000 which has been increased in 2012 60,174 volunteers hours which

is rendered by the hotel colleagues.

They had constructed 73 identified beneficiaries in each city which work on the health

and education programmes of the children’s.

They increase their target by 2012 by 72% is met in skill training and medical support.

Sanctuary project by Shangri- La

This project is launched on 2010. The main aim of the project is to protect the biodiversity

conservation and also the habitat protection. Hotels are work on their project which has been

given to them. There are 19 care of sanctuary project has been spread stakeholders worldwide.

They also launched a project in 2012 in china city hotel which encourage the protection of the

local areas peoples and also the wetlands.

Conclusion

The regulations which are provided for the protection of the passengers and for the regulations of

the travel industry which are very important interpreted and understood the problems which are

faced by the tourist while they are travel and also protect form the loss.

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

Publications

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• Cork J (1997) Tourism Law (Elm Publications)

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• Downes J and Panton T (1999) Travel Agency Law (Longman)

• Grant, D. & Mason, S. (2012) Holiday Law: The Law relating to Travel and Tourism. London: CPI Group.

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• Legislation.gov.uk, Employment Act 2002 [Accessed on 29 June 2015] http://www.legislation.gov.uk/ukpga/2002/22/contents

• Legislation.gov.uk, Trade Descriptions Act 1968 [Accessed on 29 June 2015] http://www.legislation.gov.uk/ukpga/1968/29

• Miller, G. (2001) Corporate responsibility in the UK tourism industry, Tourism Management 22(6): 589-598