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    TRAVEL AND TOURISM SECTOR Assignment Help

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    TRAVEL AND TOURISM SECTOR Assignment Help


    LEGISLATION AND ETHICS IN THE TRAVEL AND TOURISM SECTOR
    Introduction

    In travel and tourism sector legal and regulatory framework covers several aspects that govern the travel  
    airports and travel organizations. It involves environmental protection, consumer protection, health and safety, company law and employee rights. The visitors are protected from the legal and regulatory framework that safeguards the interest of customers. In addition, the legislation and ethics in travel and tourism industry have corporate social responsibilities having the objectives in contributing for making a better society. The present assignment gives will give an understanding regarding the legal and regulatory framework of travel and tourism sector. Besides, the regulations relating to health, safety and security will also be evaluated. Moreover, it will give an understanding regarding consumer protection legislation along with the role of business ethics in travel and tourism sector. 
     
    TASK 1: (Refer to Leaflet)
    1.1 Explain the legal and regulatory framework of travel and tourism sector 
    The legislation involves the following:
     
    Development of Tourism Act 1969: It is introduced by the British Tourist Authority which mainly focuses on co-coordinating the tourism industry.
     
    Transports Acts 1980 and 1985: The termination of licensing law which impacts tours and coach route is within act 1980 whereas, 1985 is the route system which allows for the operation of private buse
     
    The regulations are:
    Strategic Rail Authority: Divided railway station into rail tract and rolling stock companies
     
    Civil Aviation Authority: It is about updating regulation and laws related to airspace and safety in aviation (Schegg and Stangl, 2017)
     
    1.2 Discuss surface, sea and air transport law in relation to the carriage of passengers
     
    Surface Law:
    a) Carriage by railway Act, 1972 is for loss of luggage
    b) The International Carriage of Passenger by Road Act, 1979 is for protecting the passengers
     
    Sea Law:
    The Athens Convention, 1974 protects against the damage that is suffered by passengers 
    The International Convention for the Safety of Life at Sea (SOLAS) functions fire fighting skills and fire protection
     
    Air Law:
    The Five Freedoms Agreement of 1944 regulates landing and flying across territory
    Compensation Schemes (EU) 1997 ensures in raising protection standards

    TASK 1: LO1 Understand the legal and regulatory framework in the travel and
    tourism sector

    Introduction
    The assignment aims at the understanding and the analysis of the legal connotations and moral issues that prevail within the sector of travel and tourism sector. The legal regulatory framework in relation to the operational activities of the travel and tourism business is presented in this assignment. The significance of this framework in relation to the effective execution of the operations in relation to the different industries of travel and tourism sector is exemplified here by choosing a tour operator and agency of UK. The issues that are faced by the organizations operating in this industry related to the legal obligations and legislation of the country will be critically presented here. This is going provide the reader a clear view about the ethical which may arise while operation in this industry. The mitigation of these issues with the employment of the regulatory framework is also analysed through this essay. A leaflet on the contract legislation and customers' legislation is also provided within the assignment.
     
    Task 2
    LO2 
    As a manager of Thompson Holidays (TUI), in order to prepare training material for the staffs of this travel agency, the impact of the (Tui.co.uk. 2018). The training material includes the evaluation of the principles of health, safety and security legislation which must be known to the staffs in order to execute the operational activities in relation to the business and provide the services and the facilities to the tourists with legal responsibilities.
     
    2.1 Evaluating the impacts of the principles of health, safety and security legislation
    The particular organisation operates in the UK therefore the tourist retail agency has to operate following European legislation where the acts in relation to the health, safety and security are evaluated hereafter.

    Health and Safety at Work Act 1974: According to this act, is also known as HSW or HASAW that is one of the most important acts in the legislation of the country (Holt and Allen, 2015). This act is mandatory for all employers running their business within UK irrespective of the type of industry. The act ensures the practice of health, safety and welfare at work along with the reasonable workplace practices. Therefore, it is the duty as well as the responsibility of TUI to ensure the safe and secure environment for the employees while providing them healthy circumstances as well. This particular act also covers the organisational health and safety legislation (OHS) (Legislation.gov.uk. 2018). In implementing these acts, the executives of the local bodies are responsible who monitors the implementation. However, in order to keep aligned with the legislation while operating the travel and tourism sector, it is very important to go for the propagation of the organisational policies that are aligned with that of the national legislation (Holt and Allen, 2015).
     
    Occupiers Liability Act 1984: This particular act is directly related to the safety and security of the visitors of the particular country where TUI is headquartered that is the UK (Legislation.gov.uk. 2018). The act alludes to the responsibility of caring about the visitors of the country. It indicates to the liability of the persons in terms of occupiers of the premises that is not only suffered by the persons but the visitors as well. The suffering may be in terms of any injury that alludes to the requirement of the health and safety assurance of the visitors within the country (Holt and Allen, 2015).
     
    Data Protection Act: This particular act mandates the protection of the data and information of the people within the country which must not be abused or else legal charges are chargeable to the abuser. In context, of travel and tourism sector, the influx of voluminous data is witnessed which, must be restored with proper protection measures by the travel agents as per this legislation. For instance, the information related to the online payments is available to the travel and tourism agents. These are very confidential data and information of any visitor which has to be protected. The act has replaced the 1988 Act which now focuses on the activities in relation to the safeguarding of the persona; data.
     
    Duty of care:  The duty of care is mandated to one and all within the UK, however, in this context, the employer's duty of care is relevant. According to this, every reasonable step must be taken by the employers in order to ensure the safety and health of the employees within the company (Legislation.gov.uk. 2018). The employer must be concerned about the mental and physical well being of the employees which have to be supported by the organisational policies of the company here being TUI. These are the obligations of an employer towards the employee.  
     
    2.2 Analysis of the legislation related to equality with reference to the UK tour operator and travel agency
    The tour operator agency must go for the consideration of the legal aspects and equality and TUI is no exception. The legislation that is related to the equality act must be considered while propagating the organizational policies. The company, as well as the staffs, must be well aware of the legal rights they can exercise as the citizen and visitors of the country UK. The legislation related to equality are of multiple categories that include the following:
     
    Sex Discrimination Act 1975: This is an act that is against any kind of direct or indirect discrimination within the country UK. In the context of UK travel operator and travel agency, the treatment of everyone must be the same and should not be determined by any discrimination of sex. Therefore, TUI also has to follow this act and avoid any sort of sex discrimination while carrying out recruitment, training, promotion or even dismissal. Any kind of sexual harassment, remarks that are explicit of sexual harassment and sexual innuendos as well as less favourable treatment of the employer towards the employees are all crime and under jurisdiction under this particular act.
     
    Employment Protection (Consolidation) Act 1978: This particular act is known to consolidate certain rights of the employees which must be followed by the tour and travel agencies as well operating in the UK. Certain enactments in relation to the insolvency of the employees are also under this particular act. The subjects under this act include the condition of employment, collective bargaining, freedom of association and industrial relations (Legislation.gov.uk. 2018) TUI has to propagate its organizational policies in relation to the human resource and workplace culture considering this particular act.

    Disability Discrimination Act 1995: This act serves as the protection of the people who are disable and are often abused. This act declares every act of discrimination against the disabled beings as unlawful in relation to the employment and other provinces like goods and facilities. The tour operators and the agencies like TUI must not for the violation of this act otherwise they may be legally charged. The discrimination should not prevail from the side of the employers as well as form the side of the employees towards the tourist and visitors (Holt and Allen, 2015).
     
    Employment Act 2002: The main provision that this act constitutes includes the concept if" family-friendly' working. The other provisions include the equal treatment if the employees for a fixed term, resolution of the different patterns of the individual disputes at the workplace. This particular act must be followed and implemented by the travel and tourism companies in order to avoid the legal issues and yield the best out of the satisfied as well as the safe workplace (Legislation.gov.uk. 2018).
     
    Human Rights Act: This particular act protects the human right that is mandatory for all public organizations like that includes governments, public councils and police council as well. This mandated that everyone has to e treated equally in terms of respect, dignity and fairness as well. This act protects not only the rights of the citizen of the UK who may be employees as well but irrespective of whether the person belonging to the country or a child or any foreigner (Glendon, et al. 2016). No human being can be abused and the human rights cannot be denied to any human being within the country (Legislation.gov.uk. 2018).  

    The legislation must be followed by each and every stakeholder of the organisation in order to avoid the legal issues and achieving transparency within the industry as well. following the legislation is going to be beneficial for the company itself. This is because, this will allow the company to be more concerned about the health, safety and security of the staffs. The ability to carry out fair trade will also be achieved by the company. The impact further includes the exercising of the legislation and the regulations in relation to the data protection, employment both in national and local level. The company will be able to operate in a more systematic way which will help it carry out their business without lesser legal issues and more productivity in the long run.

    Task 3
    LO3 (refer to leaflet) 
    McKendrick, E., 2014. Contract law: text, cases, and materials. Oxford University Press (UK).
    Howells, G., Twigg-Flesner, C., Micklitz, H.W. and Lei, C. eds., 2017. Comparative Consumer Sales Law. Routledge.

    Howells, G., Twigg-Flesner, C., Micklitz, H.W. and Lei, C. eds., 2017. Comparative Consumer Sales Law. Routledge.

    Howells, G., Twigg-Flesner, C., Micklitz, H.W. and Lei, C. eds., 2017. Comparative Consumer Sales Law. Routledge.



    Task 3: LO3: Understanding consumer protection legislation in relation to the travel and tourism
     
    3.2 Explaining the consumer prediction legislation in relation to the customers of travel and tourism.
    Consumer protection: The laws related to the consumer protection law which must be followed by the travel and tourism business of the company include the following:
    a) Trade Description Act 1968
    b) Package Holiday and package tour regulation 1992
    c) Tort law: This is for the act of negligence and nuisance by the service provider towards the customer. 
    d) Duty of care
    e) Vicarious liability
    f) “Uberrimae Fidel”
     
    Failure to provide the facilities or services in relation to tourism, the customers can refer to the consumer law of the country that is the UK here (Howells et al. 2017).

    3.1 Explanation of the contract legislation to travel and tourism customers
    Contract Law: 
    This particular law is the core of any law where a contract between two parties or more has taken place that can be study related business related and even vacancy related which is contextual here. In the travel and tourism business, the customers come in contact with the tour operators who provide them certain facilities related tourism. The company is liable to fulfill all the responsibilities and the demands that are promised as part of the contract when the customers choose to take the service of the particular tour operator (McKendrick, 2014). In the travel and tourism, the contract law is also applicable. The contract is not limited to the services only but is applicable to the related package that is being offered under the chosen holiday package by the customer. Valid contracts must prevail between the tour operator and the customers where both the parties come in agreement. The use of an agent called law agency is also employed who act as an agent between the company and the consumer.
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    Accommodation services 
    This must be provided by the company that must include all the information regarding the hotel or inns (Howells et al. 2017). The customers must be provided with the right to reject as per the Hotel Proprietors Act 1956. The food and hygiene must be maintained as well as per the Food Act 1984.

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    Task 4
    LO 4
    As a sustainability manager in TUI, a management report is presented on the in order to promote the ethical behaviuor of the staffs towards the customers after the complaint of a customer. 
     
    4.1 Analysis of the ethical dilemmas that are faced by the travel and tourism sector
    In handling the customers and providing them with the best services and facilities, there many issues that faced by the company among which the ethical dilemmas are highly affecting to the growth of the business. The complaint by the customers makes it evident that the approaches of the employees who are responsible for handling the customers directly are not well trained. The information regarding the ethical code of conduct and behaviour needs to be given to the staffs handling the customers. The identification of the dilemma is crucial here. Among `them the most prominent ones include employment ethics that must include right kind of recruitment and selection process (Sheehan et al. 2018). Ethics in relation to advertisement is yet another dilemma since there are often activities that are unintentionally offending to others who are indirectly related to the organisation. For instance, in the promotion of the company and its band or services, the name of any other competitor operating in the same industry must not be taken that will lead to ethical and legal issues as well. Gren issues may be faced by the company if their activities are harming the natural resources since, in the tourism sector; the physical features of the destinations are used. The idea about operating in the international market is also crucial where the norms are not the same as in the national level. Therefore, the international business norms have to be acquired by the staffs of the company. Finally, dilemma related to the ethical consumer. High code of ethics is highly crucial for the dealing with the customers. This will allow the company to go for the availability of the satisfactory services to the customers. The reasons behind these ethical dilemmas may be overlapping of laws and ethics while propagating the organizational policies (Mossaz  and Coghlan, 2017) The national standards and the norms of business conduct must be followed by the companies in order to avoid these dilemmas.
     
    4.1 Analysis of the Corporate Social Responsibility (CSR) policy of a specified travel and tourism business
    The dilemmas that are discussed above can be avoided through different types of initiatives like Corporate Social Responsibility (CSR) that will not only support the growth of the organisation but the corporate sustainability of the company will also be achieved irrespective of the type of sector. As opined by Cha et al. (2016) the CSR initiatives actually include the activities of taking responsibilities for the social well being and environmental welfare form the funding of the organisation. This allows any company to be a part of the global community that constitutes the consideration of the international business ethics (Youn and Ryu, 2016). This is a reason many companies have now included the CSR policies within their operational activities throughout a particular financial year, In order to be more ethical in running any business which is not limited to the achievement of the revenues only. The CSR policies, as well as the initiatives, are very crucial for the achievement of the sustainability of any company irrespective of the industry. In the travel and tourism business also, this particular policy allows the company to get a unified and different identity that is known for its welfare activities. The concerned and awarded customers are attracted to these types of organisation. This is no doubt a positive business approach to achieve the sustainability within the market both in national and international level (Cha et al. 2016).
     
    Conclusion
    The health and safety of the customers are protected by the legislation that is evident from the above analysis. The regulatory framework thus plays the role of guidance to the tourist operations agency who ahs are mandated to follow the legislation in order to provide the customers with safe, healthy and secured services as well as facilities. Further, these regulations and legislation actually positively impact the organizations in effectively carrying out the functional operations aligned with that of the legislation. This in return provides the particular company with the capability to identify the issues and tackle them from beforehand. This is crucial for the mitigation of the issue which h slowly leads to the end of the arousal of an issue in relation to the legislation and contracts as well.