Globalization has provided opportunities for entrepreneurs for establishing business. It is assertive that business should adopt a strategic approach for carrying out the business procedure in effective way. Along with this innovative ideas and approaches are required for performing the business functions. Travel and tourism sector of UK is facing different kind of issues and due to that overall performance of the industry is getting affected. It is critical that all the legal guidelines should be followed so that required tourism activities can be performed in ethical and regulatory manner. Present report describes about legal and regulatory framework that are followed in the tourism sector and impacts of principles of health, safety and security legislations on the travel and tourism sector also have been mentioned.
1.1 Legal and regulatory framework of the travel and tourism sector
UK government has formed different laws that are mandatory to be followed for all the organizations that are working in this sector. It is critical that rules and norms that are formed by the government should be strictly followed so that all the business activities can be performed in legal and lawful manner. English legal system defines about guidelines that are vital to be followed for all the travel companies that are working across UK. Different types of regulatory framework are as mentioned
The Athens Convention act 1974: Individuals that are involved in international carriers activities for carrying the passengers by road are included under this act along with this individuals that travel through sea ways are also included in this category. The act gives guidelines to people and it aids for performing all the travel activities in legal and lawful manner.
Transport acts 1980: The major objective for which this act was formed to deregulate the various coach services in the nation. With this power have been granted to the authorities and doing the deregulations of various coach services in the nation. Powers have been granted to the authorities for deregulating the bus services and local bus services are regulated by them. Moreover, this act has played a pivot role in enhancing the rivalry in the industry. Different national bus companies and bus service provider companies got influenced through the formation of this act.
Carriage by air and road act 1979: This act has been formed with the objective to give guidelines that if any harm or injuries are sustained by any individual while carrying the passengers than carriers will be held liable for the damages and injuries that are sustained by a person.
Development of tourism act 1969: This regulation has been formed with the objective to develop coordination among various tour service provider companies that are operating in UK. It is critical that all the service provider companies should make their best possible efforts so that better and effective services should be provided to individuals that are involved in the tourism sector.
1.2 Surface, sea and air transport law in relation to carriage of passengers with in the legal and regulatory framework
Surface and sea laws have been made by the government for those individuals who are engaged in the activities of providing travel services to passengers. Surface law and sea law that has been made by the government is as described
The international carriage of passenger act 1979: Directions and instructions to passengers are provided by this act and individuals who provide tickets and other services to people comes in this category. In this act duty of Carrier is assigned so that proper safety and protection should be provided to other people. It si accountability of carrier to ensure proper safety to people that are travelling by making use of services that are provided by them. This act has been formulated with the objective to provide better and effective transportation services to the clients.
Air law: The Warsaw convention of 1929 has been made with the objective to regulate the transportation activities that are performed under the aviation sector. Rules and regulations are essential to be followed for organization and people that are working in the aviation sector. If any damages and injuries are sustained by an individual than legal claims can be made against the harms and damages that are sustained by the individual.
Sea law: This act has been formed by the government of UK with the objective to regulate carriers and passengers that are indulge in transportation activities through sea ways. It is critical that proper safety and security should be provided to people that are travelling through sea. This act has been made with the major objective to protect the people that are travelling through sea. Liabilities of carriers are decided and if any passenger faces any kind of harm and injury than accountabilities needs to be decided. International maritime organization has been made with the objective to regulate the safeguarding of people who are travelling through sea. It is also critical to make use of safety appliances while travelling through sea.
2.1 Impacts of the principle of health, safety and security legislations on the travel and tourism sector
Principles of health, safety and security legislations gives impact on the activities that are performed in the travel and tourism sector. Overall working of the organizations that are performing in tourism industry gets influenced due to it.
Thomas cook is a leading travel agency of UK that provides superior class services to its business consumers. It is critical that health and safety related guidelines should be followed so that all the business activities can be performed in legal and lawful manner. Moreover, various acts that have been formed are as follows
Data protection act 1998: This act has been formed with the objective to ensure safety and protection of data and information and it is critical that safety and protection of data should be ensured. Along with this it has been vital that disclosure of information should be done in proper manner so that all the necessary data and information should be kept safe and secure. It is imperative that data should be properly recorded and any information should not be disclosed without taking prior permission from the person.
Vicarious liability: AS per the vicarious liability employer of any company is responsible for providing proper care to individuals that are working in the company. If any staff member sustain injury than employer of the firm can be held liable for the damages and injuries that are sustained by the staff member. It becomes duty of the employer to provide safe and conductive working environment to the staff members that are working in the venture. In Thomas cook it is the duty of management for ensuring that all the staff members should receive safe and conductive working environment.
Health and safety act 1974: This act gives guidelines that it is critical that health, safety and welfare of the people should be ensured that are working in the organization. Proper safe and conductive working environment needs to be provided to the individuals and duties and accountabilities of each staff member should be determined. Dangerous chemicals and hazardous substances should be handled safely and protected manner.
2.2 Legislations that relates to equality
It is imperative that all the staff members that are working in the organization should be provided with equal job opportunities. Any discrimination on the grounds of sex, religion, education and financial status should be strictly made prohibited. Legislations that are followed in the enterprise are as mentioned
Race discrimination act 1976: In this act guidelines have been mentioned that no discrimination can be made with any staff member on the grounds of race and nationality. If any employer makes any kind of discrimination on this grounds than it is considered illegal.
Sex discrimination act 1975: All the male and female staff members should be provided with equal job opportunities so that they work in safe and protective working environment. Along with this it is required that equal pay should be given for equal work that is performed by the employees.
Employment protection act 1978: Under this legislation guidelines have been mentioned that staff members should be protected and it also helps for providing better, safe and secure working environment for the employees. This act aids in ensuring that staff members should be made safe from any kind of illegal behaviour that is performed by the employer.
Employment act 2002: In this act guidelines have been mentioned that maternity and paternity rights should be provided to the staff members so that they can be enjoy their family life. Along with this act also gives guidelines related to working conditions, working hours and flexible working hours.
3.1 Contract legislations in relation to travrel nad tourism sector
Contract agreements are signed among two or more parties and terms and conditions of the business are determined by them. Travel firms that are operating their business in UK make agreements for determining the terms and services of the business. Along with this the conditions that are determined under the contract includes travel destinations, arrival and departure time, proper duration and prices of facilities and amenities that are provided by tourism organizations. There are some important elements that needs to be included while making agreements and it consists of these elements :-
Offer:- When any offeror invite other party to get involve in the contract than it is considered as offer. Any kind of agreement proposed by the offer is considered in the category of offer.
Acceptance:- If any party gets agree to accept the terms and conditions that are mentioned in the contract than it is described as acceptance shown by a party. Acceptance of offer remains as amount to gain facilities of goods and services provided by travel industry.
Consideration:- while consideration contracts are considered as binding by law and if any contract is rejected than it is considered as illegal.
Capacity of parties:- it is vital that all the parties that are involved in making contract should have capacity to enter into legal and valid agreement. Any individual facing criminal charges can not be considered as eligible for signing any valid contract. Along with this a minor person having age below 18 years is also considered as not eligible for signing a valid contract.
It is critical that rules, regulations and norms should be properly followed in travel and tourism sector so that required activities can be performed in legal and lawful manner. All the parties involved in signing contract defines about terms and conditions and their accountability. By properly following the contract law, travel and tourism service providers ensures that goods and services should be handled in safe and protected manner.
3.2 Consumer protection legislations in relations to travel and tourism customers
It is critical that consumers should be provided with better services and amenities so that their rights should be protected. Travel and tourism service provider companies needs to consider legislation that have been formed by the government so that better safety and protection of consumers can be ensured through this. Rights of consumers are protected through these legislation and it aids in ensuring that tourist can make legal action against the travel service provider organization in case any injuries and damages are sustained by the firm. Some rights of protection are posses by the consumers and it includes
Rights to disclosure of information: Right has been provided for getting all information and dealings that are related to travel agencies and disclosure of rights referring to facilities protects the consumers in case of breech of contract.
Rights to fair value, good quality and safety: Rights have been given to tourists for choosing the facilities according to their interest. Tourists can choose the goods and services that satisfy their safety and health related rights and meets with their needs and requirement.
Rights to accountable terms and conditions: Every tourists have right for being responsible for the terms and conditions that are helpful to safe the consumer to obey the duty to be consumers.
Rights to fair and honest dealing: It is imperative that valid agreement should be created between supplier and consumers so that valid agreement can be signed between them.
Rights to protection of steps taken in good faith: If breach of contract occurs than travel agency deserves the rights for take action against the agency in their safe and good faith. Legal action can be taken by consumers and they can sue travel and tourism service provider companies.
4.1 Ethical dilemmas faced by travel and tourism sector
Travel and tourism service provider companies works for rendering superior and effective services to consumers. Ethical dilemmas is defined as moral conflicts that are faced by travel service provider organizations. It is critical that consumers and visitors of Thomas cook should be provided with valid and reliable information and they should not be given any kind of fake and misleading information related to services and packages that are offered by the travel and tourism service provider organization (Evans and et.al., 2012). Moreover, wrong information that is provided to tourists create dilemmas and due to that impact is being observed on the overall activities that are performed in travel and tourism sector (Dupeyras and MacCallum, 2013). It becomes responsibility of travel service provider company that safe and protected environment should be provided to the tourist so that they can enjoy the services and facilities that are being provided to them. Along with this on the behalf of tourism presentation, society attracts and repulse against the travel facilities.
It becomes duty of travel service provider agencies that ethical issues should be dealt correctly so that travellers should not face any kind f issue and problems. Activities that are performed in travel and tourism sector gives impact on the society as well as on the local community people and due to that activities of the businesses hampered due to that (Getz, 2013). It is moral responsibility of travel service provider organizations that any kind of misleading information should not be given to travellers (Ryan, Ninov and Aziz, 2012). All the initiatives will support for rendering better services and facilities that are provided to tourists. Sometimes with objective to attract tourists many organizations makes use of marketing strategies and in this misleading information are provided to tourists due to which impact ethical issues are faced (Theobald, 2013). Promises made by the organization does not get fulfilled and needs and preferences shown by visitors does not get fulfilled.
4.2 Corporate social responsibility policy of a specified tourism business
Thomas cook is a leading tourism service provider company of UK and it offers superior quality services to the tourist. Strategic approaches are used by business and it helps for meeting the goals and objectives of the business in successful manner (Ghimire, 2013). Corporate social responsibility is defined as responsibility of the venture towards society. It is a term that defines about initiatives taken by any business organization for sharing some part of the profit with the society people who are in need of this.
Thomas cook has adopted different CSR initiatives so that positive changes can be implemented in the lives of community people and it will support for meeting the CSR objectives of the organization. Funds are raised and these funds are used for good causes (Hall, 2013). It is a targeted policy that is formed for sustaining in competitive market of UK and it also aids for making the company liable towards the community in which people are living. Some major elements have been included under the CSR policy of the organization and it includes atmospheric adoptable manner, respect of labor standards and assessing the destinations carefully.
Complete and entire concepts that are related with the concept of travel organization and its management are included under this concept. It is critical that corporate social policies of the organization should be implemented in a systematic and organized manner so that its required objectives could be achieved successfully (Carrier and Macleod, 2012). Along with this the accountability of corporate social is made with the objective to expand the tourism services in market areas so that more number of visitors can be attracted for selling the services that are being offered by the company. CSR policies provides a effective medium for transport and accommodation and these policies also supports for energy utilization. Moreover, CSR stimulates and enhances responsibility of Thomas cook and along with this it gives major focus on the accountable tourism. It is vary useful for developing the marketing connections between the community based travel facilities and tourism business and projects (Chon, 2013). CSR initiatives that are taken by any business supports for meeting with this objective and these policies indicate about the human rights so that safe and secure facilities should be provided to visitors that are availing the services that are provided by the organizations.
Summing up the present report it can be concluded that it is critical that legal and ethical issues are faced in travel industry. It is assertive that strategic and organized approach should be used so that all the business functions can be performed in legal and lawful manner. There are many legal and regulatory frameworks that are required to be followed and it includes Carriage by air and road act 1979, The Athens Convention act 1974, Transport act 1980, International carriage by road act 1979. it is assertive that organizations that are working in this sector should follow all the norms and rules that have been formed for this industry.
- Carrier, G. J. and Macleod, L. V. D., 2012. Tourism, Power and Culture. Channel View Publications.
- Chon, K. S., 2013. Tourism in Southeast Asia: A new direction. Routledge.
- Ballantyne, R. and Packer, J., 2013. International handbook on ecotourism. Edward Elgar Publishing.
- Dupeyras, A. and MacCallum, N., 2013. Indicators for measuring competitiveness in tourism.
- Evans, N. and et.al., 2012. Strategic management for travel and tourism. Taylor & Francis.
- Getz, D., 2013. Event tourism: concepts, international case studies, and research. Cognizant Communication Corporation.
- Ghimire, K.B., 2013. The native tourist: Mass tourism within developing countries. Routledge.
- Hall, C.M., 2013. Wine, food, and tourism marketing. Routledge.