Being an assistant at Citizens Advice Bureau, a report is to be prepared informing client about their rights in law to which they bring to the agency.
- Understand legal and regulatory framework in travel and tourism sector.
- Understanding legislation and regulations which relates to ensuring health, safety and security in health and tourism sector.
- Developing an understanding on the consumer protection legislation in travel and tourism sector.
- Determining the role that has been played by ethics in travel and tourism sector.
Tourism is known as one of the leading and growing industry over the world as it contributes more than 20% in global economic output. The world travel and tourism council indicates that the industry is able to provide million of job opportunities to people worldwide. Citizen Advice Bureau is the chosen organisation in the present assignment which gives advice people to regarding money, legal, consumer and other problems (Becker, 2016). The report will be described legal & regulatory framework of travel and tourism industry. Readers will also come to know about implications of health and safety and security legislation. There will be also defined several laws and legislations which implies in contracts between consumer and travel and tourism business.
1.1 Legal & regulatory framework of travel & tourism industry
Due to globalisation, all business organisations are tend to expand their market areas but to perform in ethical manner. Firm are required to follow certain laws and legislations. The area of travelling industry is so wide as several parties are involved in it, i.e. customers, suppliers, contractors etc. While these parties interact with each other thus legislations become important. By considering a travel and tourism sectors, like – TUI Group: the organisation tends to focus on quality of food and services which falls under legal and regulatory structure of travel and tourism industry. The main objectives of tourism legislations are – standard procedures, develop tourism in ethical manner and implement rights and obligations regrading tourists and organisations (Canestrino, Magliocca and Nigro, 2016).
Following are the main tourism legislations: -
Development of tourism act, 1969 – The law was introduced by British Tourist authority which emphasised on coordination of all travel and tourism organisation. The council has been clubbed with English tourism council and form another council which names Visit Britain.
Transport act, 1980 and 1985 – The law has ended licensing regulations which affects coach routes and tours of more than 30 miles. It results competition between public and private transports. Although, termination of whole sellers de-regularised the route system and perimits private transports to operate overall.
Package travel, package holidays and package tours regulations 1992 – Under this law, travellers have right to expect holiday which they booked. It is essential for every tour operator to abide by the suggested regulation. This law controls obligations of offerings tourism services in respect of customers.
Further laws are also consider in English legal system -
Criminal law – It encompasses two wide categories which deals with acts of intentionally harm of people, its like a crime of breaking a home or personal property. In addition, criminal law not only avoids privacy and security of home residential but also looks upon whether people are safe in their home towns or society (Caulfield and et. al., 2016). Under travelling agencies, it is essential for service providers to look out safety and security of places where are thinking to plan a tour.
Civil law - It deals with disputes between private parties, or negligent acts that cause harm to others. For example, if individuals or companies disagree over the terms of an agreement they may file a lawsuit asking the courts to decide who is right.
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1.2 Discussing laws governing air, surface & sea transport lying within legal & regulatory framework
Surface law – The international carriage of passengers by Road act, 1979 controls entire roadways or surface of the nation. although, surface has been formulated in order to protect passengers interest and laws while travelling. Under this law, all claims are linked with physical losses and damages as well as mental disorders of people. For example – losing of luggage and other consumer things are also controlled by “Carriage by railway act 1972. However, interest of disable people is also taken into account under this law (Cohen, 2016).
Air law – Rules linked with international carriages are formulated under The Warsaw convention of 1929. In this, if a person dies then their family have right to claim or compensate against injury of life. Along with this, The five freedoms agreements (1944) entails regulations related with landing over territory of traffic, cargo and non traffic.
Sea law – Providing safety and security while shipping is also covered in this law. Sea law also covers all environmental factors which can affect tourism activities. Sea craft more than 12 passengers must keep fire and safety and safeguarding tools are also covered under this law. It is the obligation for International convention for safety of life at sea to develop strategies towards damages and extent the limit as well.
2.1 Implications of health & safety and security legislations of travel & tourism industry
The director (Mr. Smith)
The primary objectors of legislators is to implement tourism advancement through launching incorporate criteria of tourism activities. For this, the travelling authorities are required to determine rights and duties of individuals who are getting involved in tourism sector. Thus, health and safety or security are the major concerns which have to be governed. Here, the responsibility of management to identify possible hazards so as reduces risks of accidents.
The health and safety law 1974, sets out certain implications and it is mandatory for employers to perform their duties towards employees and public in a pervasive and ethical manner.
Guidance – it is essential for the health and safety commission to make people aware towards various laws which can supports to comply. In addition to this, there should be also provided technical guidance.
Approved Codes of practice – Codes entails with the frame work that is follow with law. Various code of practices are categorised on the basis of legal standards. Therefore, ACOP sets out regarding working practices and hazardous materials; it leads employees' liability on breach of contract of Health and safety law.
Regulations – Employers are obliges for safeguarding of employees' health and safety interest. Following are the main regulations which should be considered by health and safety associations, such -
Induction- Employees are provided proper information.
On going – Existing workers are given training so as to improve their skills.
Notices – Issuing drill processes and caution signs
Handbook – Publishing to staff
Advice – Regular advice sessions by health and safety officers.
2.2 Analysing legislations with respect to equality
The term equality is associated with everyone should be treated in same manner. In context of tourism industry, laws instructs tour operators to treat every visitor equally as they can easily access to their offerings, services regardless of their age, race, gender and disability.
The equality act 1975, is formulated in order to preserve the rights of male and females from any discrimination which are being made on the ground of sex and material status at workplace, education etc. The law also helps in deleting inconsistencies at workplace. Therefore, in order to reduce such kind of discriminations several other laws also has been regulated so as to reduces discriminating, such as – Equal pay act (1970), Sex discrimination act (1975), Disability discrimination act (1995), Employment equality (on the ground of religion, sexual orientation, age etc.) Therefore, tour operates are required to ensure about these laws so as to serve equality to each and every customer and improving their satisfaction level.
For example – The race discrimination (1975) was executed to protect discrimination on the basis of nationality, race, colour, national origin and ethnicity. The Disability Discrimination Act, 2005 was taken into consideration to eliminate unlawfulness of operators to discriminate on the basis of a disability. Apart from this, the sex discrimination act (1975) diminishes sex discriminations and any kind of harassment which are made in organisations between men and women.