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Assistant of Citizens Advice Bureau has to make a report which will talk about rights of customer against travel and tourism businesses. This report will concentrate on assisting those clients who are thinking about bringing cases to seek appropriate advice.
- Evaluate different legislations that are relevant in travel and tourism sector.
- Explain health, safety and security regulations that are applicable on companies of tourism sector.
- Describe provisions of customer protection laws that are relevant in travel and tourism industry.
- What is the role of business ethics in tourism industry?
Many aspects are covered in travel and tourism sector and for this legislation framework and regulatory framework is involved in it. Legal clauses and acts are Travel Act 1985, Package tour Regulations Act 1992. If the carriage of passengers is concerned then different legislative and regulatory framework is applied which includes sea law, air law, surface law. On the contrary these law influence travel and tourism sector to much extent (Aguiar-Quintana, Moreno-Gil and Picazo-Peral, 2016). Citizens Advise Bureau covers legislative framework and helps consumers in travel and tourism sector by providing information regarding these basic laws. They have Corporate Social responsibilities too for upliftment of society.
1.1 Legal and regulatory framework of the travel and tourism
Regulatory and legal framework of travel and tourism sector are interconnected in various ways. Suppliers, contractors, customers all are included in this industry. Legislative role is more cleared when these parties interact with one another in a very significant way. Simple example of restaurant can be taken where various services are provided to customers. Food equality, consumer behaviour, hospitality are some of the major factors which has to be considered (Benavides-Velasco and Marchante-Lara, 2014). This cycle rotates around these factors along with quality standards which is governed by legislative possibility. Legal framework is a process where decision making is affected where regulatory framework forces codified legislation in a system. Country has been observing a constant growth rate in travel and tourism which goes through different stages of laws and clauses. These clauses have spectacular features :
Tourism Legislation are :
Development of Tourism Act 1969 : This act emphasize on coordination of the firms which are interact in tourism industry. The British Authority has been associated with English Tourism Council to form Visit Britain.
Transports Acts 1980 and 1985 : It was a strict law which affected tours and express coach routes over 30 miles. This act terminated licensing laws also which affected these express routes. Due to this competition was increased between private and national bus companies (Caple, 2017). This act was only regularised for route system which permitted all private buses to function in all routes.
Package Tours Regulations 1992 : This legislation provides remedies to the consumers by the tour operator. Tour operator in UK have to abide by standard procedures and should be obliged to organizations by establishing rights.
Some regulations affect tourism sector are Health and Safety Commission, International Air Transport Association, Strategic Rail Authority, Civil Aviation Authority (Cha and Bagozzi, 2016). These regulative framework provide safety and facilitates standard for this sector. Rolling Stock Companies and Rail Track are two sections of Strategic Rail authority.
Regulation which affect tourism Law :
- Health and Safety Commission : Under this law, all the laws and regulation related to safety of passengers are come.
- International Air Transport Association: It is situated in metro cities which are facilitated in order to establish all policies and standards for tourism industry in a country.
- Strategic Rail Authority: This act basically divides railway sector into two parts named as Rail Track and Rolling Stock Companies.
- Civil Aviation Authority: it helps to updating the laws as well as regulations for airspace usage and aviation safety too.
1.2 Surface, sea and air transport law in relation to carriage of passengers.
'Carrier' can be described as person who is interested in contract work of carriage with it. While a 'passenger' a person who is travelled by the ship. 'Luggage' can be described as a vehicle or an article carried by that carrier. Any damage or loss of luggage may result in monetary loss.
Surface Law : Surface Law is governed by The International Carriage of Passenger by Road Act, 1979 of the country (Cimmino, 2016). In the context of tourism industry, passengers that are on board with carrier's permission are protected by this law. Many remedies are included in this law which are mental/physical disorder, or any kind of damage caused to passengers while travelling on carrier. Also Carriage by Railway Act 1972 take responsibility of loss of luggage. Even the railway privatization also focused to contribute their part towards a development and integrating transport of goods as well as passengers. Also, to caution the interest of all disabled person.
Sea Law : Various legislations are entitled for the safety and security of shipping of people and luggage. The International Maritime Organisation ensures its safety. Environmental factors are also governed while operating ships (Cherapanukorn and Focken, 2014). Damages suffered by passengers are also managed by The Athens Convention,1974 when the passengers are on a ship. They have a liability towards towards affected passenger. As per the International Convention for the safety of life at Sea (SOLAS) it also regulates all function which are required to fire protection measures, fire frightening and provide life saving equipments to sea crafts as well as persons too. Even the protocol of 2002, also makes it necessary passengers who travel by ships must reach at proper time so that it enhances the limits of liability.
Air Law : This law also includes various legislative powers. The Warsaw Convention of 1929 basically defines the international passengers lays down all the rules which are related to documentations of carriage and even passengers have a right to claim for their death as well as personal injury too. This law is replaced by Montreal Conference 1999. Moreover, Five Freedom Agreement of 1944 which involves laws related to flying across their own territory without landing, non- traffic purpose etc.
English legal system is the regulatory body that controls the unwanted and illegal activities in the environment weather it is done by consumer or company. Along with that, English legal system resolve the conflict between traveler or tourism company by make a formal complaint, check if the company belongs to a trade association, communicate with traveler to understand the case and then take further action to resolve conflict issues. Strategic approaches taken by court is to make efficient laws and regulations for customer protection.
2.1 Impacts of principles of health, safety and security legislation on travel and tourism sector.
Development of travel and tourism is main intention of legislators. They introduce incorporated criteria of tourism by obliging persons and determining their rights. Security , safety and health guide the them during hazardous time. If any crisis occurs then it is the main responsibility of employees and employers to inform and reduce the chances of accidents. For the security of any organization employees and employers play vital role . It is their responsibility to make sure that working environment is safe , harmless and nothing wrong is going on. Employee's safety comes on the shoulders of employer and if any personal injury happens then employer has to take his charge (Crotti and Misrahi, 2015). Safe accommodation is provided and better services are delivered by fixing liabilities and duties through tourism sector. These services are provided by travel authorities and destination service providers.
The Health and Safety at Work (HSW) 1974 has declared some directives and regulations which are compulsory in their terms for completion of duty performance towards employees and other members.