Ethics and Legislations in TT Sector Assignment

Program	Diploma in Travel and Tourism
Unit Number and Title	Ethics and Legislations in TT Sector
QFC Level	Level 5

Introduction:

The tourism industry and hospitality industry are inter-related at various steps. Both the industries are customer oriented and aim at providing the best customer experience to the tourists undertaking the services for the temporary time. Such travels may be domestic or international. Several bodies at both the levels regulate the services. The importance of corporate social responsibility is to be established under the present assignment taking an example of the organization that undertakes such an approach. It is essential to derive the involvement of the company in the welfare of the society to ensure that the resources so used are provided for in exchange.

Task 1 Understand the legal and regulatory framework in the travel and tourism sector

1.1: Explain the legal and regulatory framework of the travel and tourism sector.

The  travel and tourism  sector of the UK is regulated by the Association of the British Travel Agents. IT overlooks the problems and solves them that are common in the industry. The issues so regulated by the Association is that of the bookings, insurance and other issues. The association also regulates the booking processes, the travel code and the travelling processes. These rights are driven out under the British Tourism Industry. The main aim of the industry is to regulate the safety of the tourists and the prospective customers. The health and safety regulations play a major role in providing safety to the tourists. The employees and their well being are also to be looked after under the industry. For the same purpose, the legal association and guidelines are to be followed to conclude the travel experience with a standard approach.

• ABTA: the tourism procedures under Wales, Britain and Scotland are regulated by the ABTA. The purpose behind the formation of ABTA is to ensure the travel bookings and the permits are derived according to the legislations. They also aim at regulate the several offers provided to the tourists by different company. The ABTA is responsible for the provision of the booking, insurance and departure facilities. (Downes and Paton , 2010)
• Strategic Rail Authority (SRA): It aims at management of services and laws prescribed under the Transport Act of 2000. It has been designed to facilitate the transport purposes and strategies so undertaken by the British railways.
• Health and Safety Commission: The commission aims at deriving the safety benefits to the public and the employees working under the tourism industry. The Act of 1974 is applicable on such situations. It makes the occupier’s duty to maintain the premises in safe manner to ensure the security of the employees. The employers are also expected to provide the appropriate equipments and hospitable environment to maintain the cleanliness of the premises. The health and safety standards are to be regulated accordingly. (Veal, 2006)
• International Air Transport Association: the aim of the association is to track the routes and schedules of the airlines for smooth functioning. For the same purpose the Association regulates the functioning and formation of the rules and designs of the strategies that may concern the change in routes if present in the industry.
• Air Travel Organizer’s Licensing (ATOL): The organization aims at maintenance of the licenses and support provided to the service providers in terms of holiday offers and packages so provided under UK Tourism Industry.
• CAA: the main aim of the CAA is to strategize and implement the UK Aviation industries law s and regulations. The CAA is primarily regulative of the British Aviation Industry only and not at the international level like IATA. (Crane and Matten, 2010)
• Criminal Law: The criminal legislative bodies for UK Aviation industry focus on maintaining the structure o the tourism industry and the society. It focuses on protecting the rights and duties of the tourists and tour operators. In case the laws and regulations are breached, then the unfair conduct may be fined and charged under the criminal law.
• Civil Law: The civil law under the UK Tourism Industry focuses on deriving the equality under the society for tourists as well as non-tourists. The civil law regulates the operations of the various contracts entered into by the parties under the tourism industry and provide compensation in case of a breach of a contract. The affected party has the right to approach the courts for the restoration of the rights so suffered in case of breach. (Holloway, 2009)

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

The mode of transport used while carrying the tourist from one place to another then the responsibilities of the carrier is strict in terms of safety and injuries so caused during the transport. The mode of transport may change based on the mode of transport. For land, sea, and air the mode of transport differ in nature. The different types of mode of transports are discussed as follows:

The Air and Road Act of 1979, the carrier is require to ensure that the tourists on board during the journey are safe and secure from any damage. The carrier is liable for the provision of the required measures involved in maintaining the safety regulations. The safety measures shall ensure that every passenger is treated equally and avoid any situation of injury or death or loss of luggage. The Athens Convention in the year of 1974 determined that the international carriage through sea should be regulated for the ships, vessels and cargos. If during the travel on the sea, it is found that the passengers safety and the luggage shall be protected from any physical or mental harm causing them loss while loading or unloading, the vessel owner or the ship service will be responsible for the same. (Saggerson, 2008)

The Air and Road Act requires the carrier on the roadways to identify the rights and claims of the passengers and provided the same to avoid any physical, mental disorder that might be caused from loading or unloading of the luggage or boarding or de boarding. The safety is provided during the travel time only for having boarded the carrier. Accordingly, the Carriage of Passengers by Road Act of 1974 regulates the safety of the passengers as well as the luggage. The legislations and the rules so provided are present at the Guild of British Coach for having the best coaches. The Domestic Carriage Order of 1987 protects the domestic carriage travel and safety and the Athens Convention Act, 1974, regulates the international carriage. The rules for safety and security are regulated under the three forms of travel under the British tourism industry. The losses and damages so covered under the regulations are responsibility of the carrier undertaking the passengers at the time. (Syratt and Archer, 2003)

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

2.1: Evaluate the impacts of the principles of health, safety and security legislation on the travel and tourism sector

Under the  Health and Safety  at Work Act, 1974 it is if the employers under the UK are to provide health and safety protection to its employees and such other individuals present on the premises. It would mean that the employees, visitors as well as the service providers implementing the tourism processes are to be kept in check by the employer. In addition, it is the duty of the employer to make sure that the working environment and safety provisions are maintained on the premises within the safety regulations. It is a difficult situation for the aviation industry whereby the aviation employees and the customers face with a difficult situation if the safety regulations are not complied with. It is required that the customers, employees as well as the crewmembers support the safety legislations and the regulations at the organization. The safety of the people while travelling is prioritized the most. An assistance is provided for the facilities that are difficult to be understood for the safety of the tourism industry or the organization. (Brotherton, 2008)

A proper training should be provided to the employees under the tourism industry to ensure the safety of the people on the premise as well as the duration of the journey. The responsibility to ensure the safety is spread across several hierarchies, managers and team members. It may included the management as well as the legislative bodies. Accordingly, the health and safety legislation prescribes that the rights and responsibilities of the management to handle the emergencies are explicit. While working under the tourism industry it is the basic right of the employees to be insured of the safety on the premise. It is thereby required to define relationship and responsibilities regarding the safety provisions. Both the employee and employees are required to cooperate with each other. The employer should consider the well-being of all types of employees belonging to different backgrounds and religions. (Downes and Paton , 2010) Under the Occupier’s Liability Act, 1984,   it is required that the occupier of the premises in England and the Wales undertakes the safety precautions and the maintenance of the premises to ensure the safety of the visitors as well as the trespassers. The legislation prescribes that the visitors may be permanent or temporary are to be safeguarded against the possible damages and harms that may be caused from the breach of security. The occupier is obligated to present the warning signs wherever necessary to ensure that the visitors both temporary and permanent are aware of the possible dangers present on the premises that may cause damage if the security measures are not undertaken. Therefore, it is required that the safety regulations are abided by in terms of health and safety regulations as well as the occupier’s liability towards the employees, customers and other such party concerning present on the premises.

2.2: Analyze legislation that relates to Equality

The employers are required to ensure that the employees are treated equally in the course of employment. The Equality Legislation under tourism sector aims at providing equal opportunity to employees as well as the travelers to the best services in the industry. The employer should prohibit from discriminating between employees and customers on the basis of the disabilities, likes, dislikes, race, religion and such other basis. (Crane and Matten, 2010)

According to the Sex Discrimination Act, 1975, it is required by the employers to make sure that the employees are not discriminated based on gender. The men, women or any other gender shall not be awarded an opportunity or denied one in relation with any circumstances so available to general strata of the company. Every situation shall be treated in consideration of the employees in a company. Therefore, men and women are to be treated equally when applying to a situation. A particular job performance shall not be compared based on the gender as well.

According to the Employment Protection (Consolidation) Act, 1978 it is required by the employers to make sure that the employment is presented in the written format and that the same is provided by the end of thirteenth week of employment. The documents shall contain the regular details of employment such as the date of joining, pay scale, terms of employment and dismissal. If the employment requires certain specific treatment for a particular employee then the same should be determined in the letter of employment. The duties and responsibilities shall also be included in the employment letter. If the company provides a pension scheme or holiday allowances the same shall be included with regards to notifying the change if so caused within the span of one month. (Holloway, 2009)

According to the Disability Discrimination Act, 1955, it is required by the employer to not discriminate based on the disability of a person. The disabled person should be provided with a chance as much as an able person for the performance of a standard task. It is forbidden to use the disability against the employment of the employee that is disabled. It is the case when considering promotion, transfer or training.  According to the Race Relations Act, 1976, the employers are forbidden to discriminate on the basis of the race of the employees that is inherited by them. Racial biases are not to be allowed under the employment. The factors affected by the racial biases are criminal in nature and actions may pertain to the same under the law. (Timothy, 2011)

The main purpose of the equality legislation sis to ensure that every person has been presented with equal opportunity to be able to apply to a job and sustain the same within an organization. In the tourism industry the tour operators and service providers shall consider every aspect of the tourists while providing the services to make sure they are treated equally and with comfort.  The legislations so applying make sure that the employees so hired are ethically approached and processed into the organization. (Syratt and Archer, 2003)

Task 3: Understand consumer protection legislation in relation to the travel and tourism sector.

3.1: Explain contract legislation in relation to travel and tourism customers

The contracts are necessary to be thorough and precise. A valid contract is to be formed between the parties according to the contract offer and acceptance of the same as presented. The parties to the contract have a common intention to enter into a contract for the same purpose. It is required that the breach of contract shall be met with damages only to be claimed by the parties to the contract and not the third parties. The rights and duties of the parties to the contract is already defined under the contract. The elements required to enter into a contract is that of a consideration. Every contract should have an exchange mechanism to it that determines the detriment so caused and provide for the fulfillment of such detriment by the other party. A contract is entered into from an offer made by the offeror towards the offeree. The offeree then presents an acceptance for the formation of the contract. The enforceability of a contract however is determined based on the intent of entering into a contract. If the contract is for social purposes then it might not be enforceable unless the same is mentioned. However, under commercial contracts, the same is enforceable as is assumed under the law. (Veal, 2006)

According to the consumer law of 1990, the hospitality contracts require the parties to ensure that the concerning terms is included under the contract with respect to products and services so offered. If the contract involves a package holiday then the same shall be discussed under the contract with regards to quantity and services provided under the contract. The price of every product and service shall be clearly determined and the duration of the provisions so made shall be explicit. Such contracts containing the package holidays are governed by the legislation of Package Holidays and Package Tours Regulation of 1992. A package is considered to be so if the contract involves the presence of combination of two or more hospitality services. Such packages are sold in group because they are cost friendly and easier to access by the tourists. (Downes and Paton , 2010) Service contracts under the hospitality industry are that which relate to the security of the tourists and their belongings. These might cover the insurances for the food, alcohol, lodging, entertainment and luggage. If the tourists suffer from any loss or damage so caused under the contracts then the same may be recovered through loss of value as promised by the tour operators at the time of selling the package. The out of pocket experiences that were assured on the visit and the loss of value of enjoyment from the negative experiences so encountered on the trip. The insurances cover personal injuries and safety of the luggage in case of failure to undertake the required precautionary steps to protect the customer.

3.2: Explain consumer protection legislation in relation to travel and tourism customers

The consumer protection legislation requires the organizations to protect and encourage the tourism in the industry. The tour operators should provided competitive pricing and the facilitate consumer participation. It is the duty of the supplier to ensure the development of the services and prevent the inappropriate business practice. The relationship between the tourists, the suppliers and the tour operators is a critical relationship required to be maintained by protecting the interests at every step. For the same purpose the legislation at national and international levels are to be considered by each party to protect the well being of the consumers. According to the Warsaw Convention of 1929, the right of passengers is supported for making a claim for injury or damage so caused at the time of the travel. The security of the goods is bound to be protected by the carrier for which it may be sued if the same is breached. Under the Hague Protocol of 1955, it is determined that the passengers undertaking the air travel , the airlines would be responsible towards providing the passengers with regulated mode of transportation and be liable for any loss or injuries so suffered during the travel. (Saggerson, 2008)

The OFT focuses on regulation of the competition in the market  and to implement the code and practices of the regulation of the tourism industry. The Air Travel Organizer License provides the assurance to the consumers and tourists that the operator is certified under the legislation of the country. A financial protection is also provided under the scheme to the travelers. If at any step the consumers or tourists are dissatisfied with the service or the product the same be claimed for under the concerning legislation and the contract so entered into by the parties for the purpose. (Crane and Matten, 2010)

Task 4: Understand the role of business ethics in the travel and tourism sector

4.1: Ethical dilemmas faced by the travel and tourism sector.

The issues faced by the hospitality industry are growing with passing day and should be addressed positively. The aim of the industry is to provide an ethical experience  and free of ethical dilemmas. The industry involves a constant interaction of the consumers with the tour providers and operators. It also involves the use of manmade and natural resources along the steps of tourism facilities. Thereby it is necessary to undertake the environmental perspective while providing the customer experience to the tourists. The enjoyment factors should be considered while providing the facilities be it fabricated or natural. Tour operators should ensure that the cultural differences are minimized when organizing such a tour. The tourists should be provided with the right to  information and knowledge  in order to be properly guided while undertaking a travel. (Smith, 2010)

It has been observed under the general eye that the tourists travelling overseas often face exploitation and discriminations based on the color of the skin and heritage values. The difference of language establishes a barrier to a better communication between the citizens and tourists. The various factors contributing to the depletion of social values and natural resources adds to the dilemmas faced by the industry. The economic instability of the countries often affects the tourism of the country for not having favorable travel costs. In some cultures it is assumed to take off the shoes while visiting a religious place while the same is not he case in the western cultures. This may create a barrier based on cultures and evade the possibility of a positive experience in that country or city. (Holloway, 2009)

The difference in the mannerism so adopted to tackle the confusion and dilemmas differ from country to country. The ministry of tourism of the concerning country is required to undertake the process of redefining the approaches and authorities to help regulate such dilemmas in order to minimize them. The dilemmas are to be ensured in relation with the safety of the citizens as well as the tourists. The hospitality industry should inculcate the different approaches to deal with the dilemmas arising under the business. A sustainable approach should be adopted to assure positive gains of the actions so undertaken. The tour operators should adopt an eco-tourism approach. The tourism industry should include the World Tourism Organization standards so set for the protection of the tourists and developing the industry in an equitable and fair manner. The tour operators should ensure that the tourists are satisfied by the experience so provided. Every tour operator to present a healthy and effective experience of global standards should adopt a set of standards regulated by the Tourism Industry. (Syratt and Archer, 2003)

4.2: Corporate Social Responsibility (CSR) policy of a specified travel and tourism business

 The main aim of the corporate social responsibility is to include the government practices for businesses along with social benefits. When corporate include steps and activities that benefit the social welfare then the activities are considered to be in the name of corporate social responsibility. The business herein is required to identify the several factors contributing to the ethical approaches into daily practices for the well-being of the society. For the same purpose it is required for the corporate to adopt a social welfare framework to ensure a constant contribution towards such activities.

Under the British Airways the activities focused on are that of the sustainable development of the tourism industry through development of competitive goals. It focuses on providing carbon efficiency. It also hosts fundraising events to regulate the CSR activities. It collaborates with Solena in order to provide a high generative fuel that is called the bio fuel. It drives the focus on the sustenance of the economy for outsourcing the services and reduce the costs of empty resources. The reduction of pollution is met by adopting the renewable resources and recycling the discharged wastes. British Airways has adopted the waste management approach to regulate the disposed off wastes and increase the efficiency by cost reduction. The air, noise and fuel qualities are regulated regularly to increase the effects of the quality of quantity. According to the company’s 2050 goal it has determined that the CO2 should be reduced by including maximum eco friendly approaches as may be adopted under the aviation business industry. The aim is to process 0% waste to maximize the efficiency of the fuel.  The British Airways focuses on delivering a complete experience beneficial for the society as well as the tourist. It aims at hiring the employees that identify with the cause and understand the importance of the regulation of the industry standards. It also encourages education initiatives. (Saggerson, 2008)

Conclusion:

The present assignment involves a brief study of the facilities provided by carrier’s from different mode of transportation. The air, sea and roadways transportations are studied with respect to the legislations so applicable. The functions of different regulatory bodies under the tourism and hospitality industry are studied. The factors influencing the treatment of the consumer, employees and tourists in the tourism industry has been explained with affect to consumer legislation. The different types of corporate social responsibility activities undertaken by a chosen organization has been explained in order to reduce the ethical dilemmas so faced by the tourism industry.  

References:

      Downes J and Paton, T., (2010) Travel and tourism law in the UK.,5th ed. Huntingdon,  Elm         Pub.
      Grant and Mason (2012) Holiday Law: The Law Relating to Travel and Tourism, 5^th Ed., London, Sweet and Maxwell.
      Saggerson A. (2008) Travel law and litigation, 4th rev. ed,  St Albans : Tarquin Publications.
      Crane, A. and Matten, D. (2010) Business ethics: managing corporate citizenship and sustainability in the age of globalization, 3rd              edition, Oxford: Oxford University Press.
      Holloway (2009), The Business of Tourism, 5^th ed. Harlow, Financial Times/Prentice Hall
      Syratt G and Archer J., (2003), Manual of Travel Agency Practice, 3^rd ed., Oxford, Butterworth-Heineman.
      Timothy, D.J. (2011),  Cultural Heritage  and Tourism, An Introduction, Channel View Publication
      Smith, S., (2010), Practical Tourism Research (CABI)
      Brotherton, B., (2008), Researching Hospitality and Tourism: A Student Guide (Sage Publications)
      Veal, A. J, (2006), Research Methods for Leisure and Tourism: A Practical Guide, 3rd ed (Prentice Hall)