Travel And Tourism Sector
Many people are travelling every year and thus the travel industry has been increased due to this. They are control and regulated by the various legislation which are also protecting the travelersfrom the unfair practices. For the protection of the consumers there are various laws which is related to the safety and protection of the consumer
P1. Understand the legal and regulatory framework in the travel and tourism sector
P1.1 – Explain the legal and regulatory framework of the travel and tourism sector
Legal Framework – legal framework is the body of rule which control and regulate the decision- making agreement, law etc. travel and tourism sector has been increased day by date and for regulating the operation of the travel and tourism there should be a legal framework. There are laws which are applying upon the travel & tourism sector.[Downes J and Paton, T., (2010)]
Development of tourism act 1969- this act regulate the travel sector. It is legislation for the travel and tourism in UK. This act is provide for the establishment of a British tourist authority and tourist boards for England Scotland and wale they have responsibility for promote the tourism development with the great Britain they provide funds for the establishment of new hotel their alteration etc. from the public funds.(Legislation.gov.uk,2015)
Regulatory framework bodies are-
- Strategic rail authority– Railway act1993 is regulated the railway. The main aim of this act is to divide the BR. In railway office they have power to prohibited the abuse of dominate position.
- HSE– HSE is the health and safety at work etc. act 1974 which deals with the safety of the employer at the workplace. It protect the interest of the employer.it is one of the single piece of legislation in UK which cover the occupation health and safety in great Britain. This act is regulate by the health and safety executive with local authorities which in forced the act and there are various act which are used for the working environment.
- Health and safety commission– this commission is the non-departmental public body is United Kingdom. Health and safety commission is established by the health and safety at work act 1974.the commission haschairmanand between six and nine other peoplewhich are appointed by the secretary of the state. It is merged with the health and safety executive on 1april 2008.
- CAA– CAA is the civil aviation authority which is responsible for the consumer safety in air and also protects the consumer from any financial loss. This agency is the government agency which is overseen by the department of the environment.
Transport and the regions The CAA also –
- Itadvises the government on the issues which is related to the air pollution and air noise pollution.
- It represent the public interest though the consumer protection group.
- Scientific research has been carry by the CAA into the environmental impact of aircraft.
- On aircrafts and air post they produce a statistical data.
- It also gives the licenses to airlines and crew member.
5) ABTA– ABTA is established in 1950 through 22 leading travel companies. Now ABTA have more than 5000 travel agencies and also more than 9oo tour operation all over the British Isles. The main objective of ABTA is to maintain the high standards of trading practice for their members.
6) ATOL– ATOL is the air travel operator a licensing in the UK civil aviation autotype which have main objective that to prefect the people whobuy the tour packages and also from the flights. The UK tour operator have to take the license for selling the legally are travel. CAA inspected the ATOL licensed our operator and they have also need to obtain the insurance bonds. The main aim of ATOL is to give the damages or provide refunds to the costumer. Which suffers lord due to the airlines and they also provide travel for customer and arrange flights to return home those who air still abroad at this time
- Magistrate courts are deal with both civil cases criminal cases.
- Crown court- it deals with the criminal cases.
- House of lords- House of Lords deal with civil case and criminal case.
- Country court- ladle the case which is related to the land
P1.2 – Discuss surface, sea and air transport law in relation to the carriage of passengers within the legal and regulatory framework
Transport Act 1985- transport act 1985 is regulate the laws which is relating to the road passenger transport, in this there are various provisions which deals with the transfer of operation of the national bus company to the private sector, toprovide the financial assistance to the local and central governments for the transport for passenger and also give travel concessions. It also made the new provision which is related to the proceeding of the transport tribunal, it establish a disobey committees for the disabled person and other purposes.
Athens convention- Athens convention is related to the passenger’s carriage and their luggage by sea. PAL1974 declares that any loss, damage is suffered by the customer on the part of the negligence of duty by the carrier than carrier is under the obligation to pay the damages to the costumer. But carrier liability is may be limited if he also not aware about the damage or he have no intention.
Rail passenger rights- the regulations are also establish the rights for the passenger who travels though railways. They have following rights.
- Passengers must have clean and accessible information related to the fares, timetable of rails relevant conditions which is applicable to the contract before the journey.
- During journey they informed if any delay.
- Passenger have right to get compensation if their registered luggage is destroyed damaged or lost.
- If there is any delay and cancellation of tickets then passenger gets the compensation.
- There are various rights which are provided for the disabled person like reservation, railways stations makes special effects in rail.
Air transport regulations-
- Warsaw convention 1929- this conventions have main objective is to protect the passenger when they travelling though air transport. This convention defined the international carriage. In this if any damage passengers suffer any loss, injury, death or any damage while travelling in the aircraft then passenger get the compensation for the damages he suffers. But it is necessary that passengers are carrying their ticket while travelling.
- Montreal conference 1999- Montreal conference 199 replaced the Warsaw convention and it came into be forced on 4 nov2003. This is single legal system.
- Denied boarding compensation schemes 1997- this board also protect the passenger while they using air transport and also raise the standard of passengers. The main duty of this board that it protects the passenger if they flights delayed or cancelled.
Sea and Waterway Regulation- The passenger who are travel though sea transport also have some right which are included in the regulation no 1177/2010. These regulations provide rights to all thecustomer but it also applies to those passengers who are travelling.
- Use ferry service by the passengers and embankment point is in the member state territory.
- Travel through cruise in which embankmentpoint is situated in the member state.
- Passenger use ferry services but point of embankment is not situated in the member state territory.
The regulation is not applied to that passenger who travelling-
- Through the ship which have certificate to carry only 12 passengers.
- The ship crew members are responsible for the operation of ship.
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
There are more people who are travelling overseas every year but traveller expect there all accommodation and other services,regardless of their destination of choice must be safe. The traveller industry has first pouty to safe the traveller. In the workplace there are various hazards which are very risky for the employers. Both are under the obligation that employers and employers must inform to each other if they find any hazards at work place so it will reduce before any accidents. Employers are also play active role for maintain the safety at the work place. The legislation is
made for the make the workplace suffer and reduce the hazards and it does not cause any personal injury to the individual. There are also certain presume are made for giving the compensation to the people. Who suffer injury at the work place? UK legislation of health and safety is related to the criminal sanctions and thus it impose the duty upon the employers that they prevent the accidents by taking action and also gives compensations to the injured employers.[Downes J and Paton, T., (2010)]
Health and safety executive- this act is also known HSE 1974 .it is the framework which enables the making for regulation and it is also a vehicle from the EC Directives have been regulated. Health and safety executive laid down the duty upon the employers and employers. They have to protect the employers from any injury. This act is the main law which is known as umbrella which means that it contains large number of act which includes the area of health and safety. This act is also known as enabling act means thatThis act allowed to make amendments in the act also make new acts. Employers is responsible for maintain safe environment the work place.
Health and safety commission- this act is regulated through the health and safety commission- the health and safety commission is responsible for review the law and also imitate the research, when health and safety commission consider that the rules and regulation is not follow then they have three main options they can issue.
- Proper guidance
2) Approved code of practice
The main purposes of the HSC guidance are:
- Help people in understanding the law by interpretation
- Help People Company with the law.
- Giving technical advice.
HSC ACOP- the regulation of HSC is made under the direction of HSWA 1978. The regulations are approved by the parliament and are proposed by the HSE.
HEALTH AND SAFETY AT WORK-
In health and safety at work there are various duties there are-
- Employer must have to provide people lighting and heating at the work place.
- There should be first aid facility for the employer
- Employers are held responsible for the accident of the employ if it is done at the workplace.
- There should be providing proper health and safety information and also gives proper training to the employers.
- There should minimum space requirements.
- There should proper facility like toilets, drinking water etc.
Employer’s duties– There are certain employer duties at the workplace. These are-
- He should have wearing the protective cloth which the provided in the work place.
- He must have to attend the training.
- He should make cooperation with the health & safety policies.
- Take reasonable step which is necessary.
- Report the employer about the hazards.
- Should prevents the accidents
Communicating health & safety regulation
- Employers have to inform the health and safety regulation to its employer.
- According to law if any organization has 5 or more staff then they has written health and safeguard should be issued to the staff.
- Employers have to give the training to their employer and every now employer should have receive the copy of health & safety.
- There should be proper notice of like no–smoking signs, caution sign etc.
- Giving training to the employers by using safety equipment’s and other
Occupier liability act 1984– in this act occupier responsible against the person who is not visitor.
Data protection act 1988– this act protect the data of the consumer which given by the individual to the company personal information of the individual like bank details, contact no etc. but company is under the obligation that protect the personal information.
P2.2 Analyse legislation that relates to equality
Equality means that all persons are equal there is nodiscrimination has been made on the race, caste, sex, religion etc. for eliminating the discrimination there are various legislation which maintain the equality among the people and remove discrimination
- Disability discrimination act- disability discrimination act is that in which the disable person are protected from the partially which is made in the society they are discriminate in the field of education employment, and other sector. This act gives a reservation quota to the disable person and also provides various rights.
- Racial discrimination act 1956- in this act the people who are discriminate on the race, colors, nationality, origin or ethic are protected. This act eliminate the racial discrimination among the people it provide protection to the individual in the field of education, employment etc.
- Human right act 1988- this act includes the rights of the person which was passed in 1998 in UK. This act also includes the European convention on human rights into the UK rights.
- Sex discrimination act 1975- sex discrimination act is that which eliminate the discrimination of sex between the men and women. Sex discrimination is mostly prevailed at the workplace.sex discrimination act includes 87 section. The main field of sex discrimination is in education, employment harassment etc. sex discrimination act 1975 is the act of parliament which gives equality among the individual.
- Employment protection consolidation act 1978- this act protect the employer in the workplace. This is the descendant act of the employment right act 1996.
- Employment protection act 1998- this act laid various rules and regulation for the protection of the employers. It is also provide various right duties of the employers. Employers are also held liable for the protection of the employer. This act provides protection to individual in public and private sector. This act also provides for the females that they get materially leave.
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: contract is the legal agreement between the parties, there are various legal rights are and obligations are arise under the contract towards each other and the contract is enforced by the court.
Importance of contract in the travel and tourism sector
- Both Travel Company and the traveller become aware that they are in contract and they are legally bound to each other.
- Travel company has to provide the services according to the terms and conditions of the contract otherwise company knows that the traveller can sue for not fulfil his promise.
- Before entering in to the contract the travel company must communicate the terms and conditions and other procedure to the consumer. So the consumer is aware about the terms and condition.
Elements of contracts:
- Acceptance of the offer
- Intention to create legal relationship
- Certainty of terms
- Capacity to contract
Offer: The first element in the contract is the offer according to act 1950. There is one person who is offeror who makes the offer. And other person is known offeree who receives the offer. There should be 2 parties for making offer. If the offer is accepted by the other party then it is the valid contract.
Example: a family is made an arrangement with the tour agency, holiday in Hong Kong for few days. The tour agency gives the form to fill up and also mention the terms and conditions. The family member sign that form then offer is accepted and both are under the contract.
Acceptance: in holiday contract the acceptance is that when the traveller has long discussion with the travel company on the holidays and at last they finally agree to buy the holiday package.
Consideration: There must be consideration between the parties means there is some value. In travel and tourism the consideration is the price of the holiday contract which is paid by the traveller to the tour company.
Capacity: the parties in the contract must have capacity that they enter in to contract. It is very difficult to arise the contract between the minors but in practice it is rarely occurred.
Certainty: The terms and conditions which is mentioned in the contract must be clear which the traveller can understand the terms and conditions of the contract.
Contract in travel and tourism is:
- Contract for supply of goods and services: The travel who enters in to the contract can expect that the goods and services must be provided with reasonable care and skill.
- Contract for provisions of services
- Contract for the package holiday
Holiday contract is also like the other contract in which there are certain terms and conditions. Terms and conditions are:
- The things which are agreed individual in the contract of holiday.
- There must be descriptions of the holidays through the brochure, any event, advertisement, website etc.
- Name and location of the hotel.
- Staying date
- Meals [Grant and Mason (2012)]
P3.2- explain consumer protection legislation in relation to travel and tourism customers
Consumer protection is that protecting the consumers who are indulges in the business, buying goods, borrowing money etc.
Consumer Protection Act 1987
- This act is established for the protection of the consumers.
- Consumer gets the certain rights when they are buying the goods and services.
- This act includes the issues which is related to the frauds, unfair business practices, product liability, and others business activities. [Legislation.gov.uk, 2015]
This act protects public through:
- It prohibited the manufacturer who manufacture and supply the unsafe goods.
- The manufacturer is responsible for the defective goods.
- Local council is allowed that they seized the unsafe goods and also prohibited the sale of the suspected unsafe goods. [Legislation.gov.uk, 2015]
Trade Description Act 1968
- This act replaces the Merchandise Marks act 1887 to 1953 and it comes with the new provisions.
- The new provisions is prohibited the unfair trade practices, false or misleading descriptions.
- It also prohibited the false e and misleading information as to the price of the goods.
- Trader is an offence under the trade description act 1968 if they make false or misleading statement give about the goods and services.
- It also imposes penalties upon the trader if they committed offence.
- Both acts are replaced by the new act which is known as consumer protection form unfair trading regulations 2008. [Legislation.gov.uk, 2015]
- On 11 may 2005 unfair commercial practices directive has been adopted.
- Impose a duty on the trader that they trade fairly.
- New legislation has affected the 20 laws which also include the consumer protection measures.
- The new regulation is come into effect on 26 may 2008. [Legislation.gov.uk, 2015]
Various important changes
- CPR defined the consumer.
- Any person who might wish to be supplied for his own private use and consumption.
Effect on tourism industry
- Price which are mislead has been repealed by the consumer protection act 1987.
- Maintain code of practice for the traders.
- Price indication (payment method) were revoked
- Price marking (foods and drink) also revoked[Legislation.gov.uk, 2015]
Consumer protection in travel and tourism
- The price of the product which is advertised by the trader must be correct and also include Vat.
- If any payment has been made by the card or cheque then any charges has been imposed makes clear.
- At the reception the room price should be displayed.
- Should be clear which is included or which is not included.
- Bar prices should be indicated.
- And any other information
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 include the discipline which described what is good and what is wrong in the contact of the moral duty. There are various ethical issues which are different from one organization to another organization. There are various examples of ethical issues. These are:
- There is conflict of interest.
- Discrimination is made in the hiring and the promotion.
- There is quality control issue.
- There is abuse on the company expenses accounts.
- Abuse of drug and alcohol.
- Environmental pollution and environmental destruction
- Committing the misused the property of the company.
Business ethics are the moral guidelines according to which the individual behave in good manner. [Crane, A. and Matten, D. (2010)]
Moral v Ethics
Ethics are the rules of behavior according to which the people should behave. There is certain obligation sand duties which are indicated that how the people should behave. It distinguishes what is right and what is wrong.
Moral refer that what is right and what ifs good character and conduct of the individual. Ethical principal is defining the values which include honesty, integrity, fairness, caring for others, accountability.
Ethics vs. Law
Ethics indicated that what is right and what is wrong. But law indicated what is lawful and what is unlawful.
Ethical codes are become more popular and they are widely used in particular big business which cover the areas:
- Corporate social responsibility
- Policy and action related to the environment.
- Personal and corporate integrity rules.
- Deal with the customers and supply chain.
The four main areas in which ethical issue is arise:
At the workplace
The manager of the tourism company faced daily various ethical dilemmas which are arises in their daily business operation. There is need to think globally on the concept of the tourism.
- Labour and discrimination
- Issue related to morality
- Issues related to environment.
- Cultural commercialization. [Crane, A. and Matten, D. (2010)]
P 4.2 Analyse the Corporate Social Responsibility (CSR) policy of a specified travel and tourism business
Corporate Social Responsibility is that in which the company is held responsible for the society. They have some duty towards the society. Society gets benefits from the company. Company disposes of the billions of rupees on the society and also disposes the various assets. In corporate social responsibility company promised to the society that they behave in proper ethical manner.
What is included in corporate social responsibility?
Corporate social responsibility y towards citizen is fulfilled by the company through:
- By giving employment opportunities.
- By making contribution in the education and cultural programs.
- Company has to set the pollution and waste reduction process for maintaining the healthy environment.
Report of Intercontinental Hotels Groups on corporate social responsibility
Approach: They believe that business is responsible for the business practice is enhanced and the IHG and their brands are protected. It provides the opportunity to protect the environment, proving job opportunity and also improve the community. Their main responsibilities in the business practices are:
- Governance and leadership;
- Stakeholder engagement;
- Responsible procurement;
- Risk management;
- Corporate responsibility; and our people.
Their corporate social; responsibility agenda is focus on two main areas.
In 2013 they launched five targets which is achieved in 2013 to 2017, these target includes the protection of the environment and the local community.
- In 2013 they set the target in which they take measures step for the environment and community at the global and local level.
- In 2014 from the global IHG academy programmes 6,666 peoples are get benefit.
- They expanded their IHG academy to 626 programmes in which 409 hotels are participated in 58 countries. There is increased in the number of programmes form 2013. In 2013 there are only 325 programmes is expanded by the IHG.
- In 2015 the IHG academy continue expand their programmes throughout their hotels.
- In 2014 they reduced the carbon footprints of the occupied room to 32.2 kg CO2e. There is reduction of 3% on the baseline of 2012. Every year carbon footprint has been increased 0.6% in occupied room. From the 2012-2013 it is reduced by 3.5% in each occupied room.
- All HG hotels should have to enroll in the IHG green engage system.
- In 2015 they continue use the IHG green engage system which reduces the cost, drive revenue and impact on the environment.
Reduce water use
- In 2014 they reduced the water use as in per occupied room by 0.03m3 which is reduced from 4.2 % from the 2012 baseline. Every year water stressed area has been increased by 0.5% as in per occupied room from 2012- 2013 and thus which is decreased by the 4.6% from 2013 to 2014.
- In 2015 they launch two phases of the water stewardship programme.
Priorities in 2015: They help the entire hotels that they will achieve the IHG green engage level certification. They help in best utilizations of the tools equipment’s and also give advice how to protect the environment and also make green environment. It provides information which is related to the environment to the travel buyers. It also helps in maintaining the water level in the hotels.
- They reduce 12% carbon footprint in every occupied room.
- Use of water is also reduced by 12% in every occupied room.
- They also give employment opportunity to the 20,000 peoples and also help in improving the skill and ability of the employees.
- Give donation in the orphan.
Reports of the IHG groups
They achieve the target of 2013-2015 and they also achieve their future target also. They provide all the details related to the corporate social responsibility towards the society.
There are various regulatory frameworks which are related to tour and travel in UK. The regulatory are SRA, HSE, HSC, IATA, CAA, ABTA. There are also rules and regulation which is related to the air, surface transport. There is no discrimination in the travel and tourism sector the discrimination is eliminated through the various discriminations act. So there is proper legislation is provided to the consumers and also for the travel industry.