In this Legislation Ethics travel tourism sector assignment, various aspects of law required for travel and tourism industry has been discussed.
With regards to the legal and regulatory framework within which the travel and tourism sector exist in the English legal system, explain the difference between civil and criminal law as a method of classifying laws. In your explanation, pay particular attention to the distinction between the legal processes and procedures which an unhappy customer (Mr. Davis) would take in bringing an action against a tour operator (Going Abroad Ltd) who has breached their civil obligation and a situation where the tour operator is being prosecuted by a relevant regulatory body for having committed a criminal offence of providing faulty information. (P1.1)
Criminal law is one of two broad categories of law that deals with the acts of bringing intentional harm to individuals like It is a crime to break into a home because the act not only violates the privacy and safety of the home’s occupants but goes on to imply that we are not even safe in our own homes.
Civil law is the other broad category of law that 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.
The differences between Criminal and Civil laws are as follows:
|Criminal Law||Civil Law|
|Criminal law mainly deals with the laws pertaining to criminal acts and the legal punishment of criminal offenses.||Civil law mainly deals with the disputes that arise between the individuals or organizations, or in-between them, where a compensation is to be given to the victim.|
|Its need is to maintain law and order in the state and society by giving punishment to the criminals and penalizing them for the offence they committed.||Its need is to deal with the disputes between individuals or organizations, or in-between the two, where compensation is to be awarded to the victim.|
|The jury presents the decision||The judge presents the decision|
|In This law, the case is filed by the Government||In this law, the case is filed by the Private Party|
|The punishment involves Custodial punishment (imprisonment) or Non-custodial punishment (fines or community service). Death penalty can also be awarded in some cases of according to the extremeness of the crime.||The punishment normally involves Compensation (usually financial) for the offense, or an injunction in nuisance.|
|Only the defendant may appeal for the court’s verdict. In this case the appeal by the prosecution is not allowed.||Either the claimant or the defendant may appeal for the court’s decision.|
|The proceedings can be commenced by way of pleadings, involvement of the representatives of the State, Prosecutor and Attorney General.||The proceedings can be commenced by either the State or People or Prosecution in the form of summons or indictment.|
|In these kind of cases in order to convict the defendant, the jury has to agree unanimously and give a uniform decision.||In these kind of cases, in order to arrive on a decision, the opinion of the jury may not be unanimous as the judge announces the decision.|
|Examples: – Theft, extortion , robbery, human trafficking, murder, etc.||Examples: – Land disputes, Divorce, Child Custody, Property disputes, personal injury, etc.|
In this situation, Mr. Davis will file a case against the tour operator, Going Abroad Ltd. under the civil law. The proceedings will be conducted in the civil court under the supervision of the Judge. However, the regulatory body would be filing the case against Going Abroad Ltd. under the Criminal law in the presence of a Jury.
Explore Unit 3 Managerial and Professional Development Assignment
State and explain the respective bodies responsible for regulating the surface, sea and air travel sectors, with particular emphasis on their role in enforcing the legislation and regulations in place. (P1.2)
The Civil Aviation Authority (CAA) is a statutory organization that regulates and monitors all the aspects of civil aviation in the United Kingdom. The Civil Aviation Authority has both direct as well as indirect control on the aviation sector of UK. It also regulates and supervises the activities of the Air Travel Organizers’ Licensing (ATOL). It also performs several activities which include the calibration of flights and its various units, flight testing, airport regulations, etc.
There are also a number of Surface travel agents like the Department of the Environment Transport Regulation Unit (TRU) which regulates the exercises of the goods vehicle licensing. It provides licenses as well as conducts hearings for the road issues. The rail travel is regulated by the Office of Rail Regulation (ORR) which regulates all the laws and issues related to railways. It is also purchases as well as is responsible for the economic regulation of the railways in UK.
All these regulatory bodies play a very critical role in enforcing the legislation related to the land as well as keeping the regulations intact.
You have recently been employed as the Health and Safety Officer of the Rainbow Hotel with the responsibility of ensuring that all rules relating to health, safety and security of the hotel staff, guests and everyone else visiting the hotel are observed. Write a brief report to the Director (Mrs. Kaur), updating her of the Hotel’s legal responsibilities to its employees and hotel invited and even uninvited visitors and the consequences of not observing these legislation and regulations. (P2.1)
- Workplace safety
The objective of the hotels should be to provide and maintain a safe workplace
- Maintain safe and hygienic machinery and equipment’s
- Safe and authorized access to secured areas as well as common accessible places such as roof etc.
- Safe operating zone for the employees
- Fire Safety for the employees as well as guests in order that any untoward event may occur.
- First Aid and ambulance services in case of any mis-happening or any catastrophic event.
- Safe living and pleasant atmosphere for guests
- Mitigate Risks
- To prepare a safety statement and to update it on a regular basis in order to keep track of the account of the various changing situations and the various practices at the workplace.
- To Ensure that the various associated risks are assessed and controls to counter and prevent them are in place.
- To Ensure that the work is structured by taking into account the individual assigned to do that work.
- Safety for Guests
- The guests’ safety should of primary concern for the Hotel staff.
- The guests’ should feel safe in the hotel premise as well as their needs should be addressed in the shortest time possible.
The primary motive of the Management of Health and Safety at Work Regulations is to ensure that the employers carry out risk assessments regularly and periodically to eliminate or reduce risks. Employers with five or more employees need to record the significant findings of a risk assessment and deal with the same on priority. In addition, employers also need to:
- Make special arrangements for implementing the various health and safety legislations identified as necessary by risk assessments and the court of law.
- Need to constantly monitor and review those arrangements
- Recruit people with adequate knowledge, interpersonal skills, experience and train them in order to implement these arrangements.
- Have emergency setups and the procedures in place at the premises and provide special trainings to employees to be able to use them in case of an emergency.
- Provide clear and detailed information and timely supervision as well as training for the employees and ensure that the suitably competent people are appointed who are capable of carrying out the tasks entrusted upon them.
- Have a policy in place, to work together with any other employer operating from the same workplace building and have no restriction on the sharing information on the risks that other staff may be exposed to, Eg. Cleaning, catering or maintenance contractors. This can be a win-win situation for both the parties.
- Take special consideration of the various risks to new born as well as the expecting mothers as they are most susceptible to infection or hazards at these places.
All these regulations need to be in place in order to ensure that the best hospitality is provided to the guests and that the safety measures are ensured for the employees. If these regulations are not in place, there can be chances that the hotel management might foresee trouble in the future regarding the safety measures for the employees as well as the guests and if any of them are injured or affected by the same, the hotel might have to undergo law suites and proceedings as per the hospitality laws governing the premises.