Program |
Diploma in Travel and Tourism |
Unit Number and Title |
Unit 8 Legislation and Ethics in Travel and Tourism |
QFC Level |
Level 5 |
The legal and regulatory environment of travel and tourism covers so many aspects, depending on the different stakeholders involved in it. It is governed by the Tourism Act 1969, Travel Act 1985, and Package Tour Regulations 1992. There are surface law, sea law and air laws on the carriage of passengers in the legal and regulatory environment. There are also effects of the health, security and security legislation principles on the travel and tourism sector. It is governed by the law that is linked to equality and the law of contract on the travel and tourism customers. Customers are also covered by consumer protection law on the protection of the customer's interests. Travel and tourism enterprises cannot simply decide on profit decision-making. These legislations and travel and tourism organisations' ethics have Corporate Social Responsibilities (CSR) with the aim to contribute to the good of society. The research that is being carried out, therefore, would assist us in achieving an understanding of the different dimensions of the travel and tourism industry and the organisations involved in that industry. It will be helpful in understanding the rules, regulations and legislations that govern the travel and tourism industry in a better manner (Mok, Sparks and Kadampully, 2013). Latest ethical issues, such as those on the responsibilities of healthcare professionals regarding medical tourism, continue to map out the dynamic convergence of policy and practice in the industry (Gao et al., 2023).
The legal and regulatory framework of travel and tourism is complex, making assignments on this topic challenging. Locus Assignments, a trusted assignment help service, offers expert assistance to simplify your academic journey. With tailored, high-quality solutions, they ensure you excel in understanding laws like the Tourism Act 1969 and Package Tour Regulations 1992.
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Legislation and the tourism sector have many interrelations between them. There are far too many stakeholders in the tourism sector, such as customers, suppliers, contractors, etc. When these stakeholders interact with each other, the role of legislation is seen. If we consider an example of a restaurant where food is consumed by the customers, that comes under the legal and regulatory framework of legislation in the context of factors that surround it, such as hospitality, quality of food, and the conduct of the customers. Since the travel and tourism sector is an emerging sector, it has the following in tourism legislation:
Tourism Act, 1969: This Act covers tourism organisations and their coordination pursuant to the British Tourist Authority.
Transport Act, 1980 & 1985: The act regulates and governs the national and private bus corporations and routes.
Package Travel & Tour Regulations, 1992: This regulation controls the delivery of responsibilities of tour operators to their customers.
The objectives of such legislations were primarily to establish standard regulations for the tourism sector, defining the rights and obligations of the concerned parties. Tourism legislations are controlled by the Health and Safety Commission, the International Air Transport Association (IATA), the Strategic Rail Authority, and the Civil Aviation Authority (CAA). Tourism management continues to change, and therefore we must be properly aware of these legislations (Sainaghi et al., 2024).
Air, sea, and surface transportation under legal and regulatory rules is controlled by surface law, sea law, and air law. These are discussed in detail below.
Surface Law: This law is based on "The International Carriage of Passengers by Road Act, 1979". It protects the rights of the passengers. It facilitates claims relating to physical injury or mental issues of the passengers. It facilitates the loss of passenger luggage under the "Carriage by Railway Act, 1972" (Medlik, 2007). All these laws govern the carriage of goods and passengers. This law also protects the interests of disabled passengers.
Sea Law: This is a contractual law that deals with safety and security in shipping. It also deals with environmental matters. Vessels carrying more than 12 passengers have to adhere to fire protection codes and carry lifeguarding equipment as per "The International Convention for the Safety of Life at Sea (SOLAS)." The liability of the ship or ferry for damage is settled by "The Athens Convention, 1974." The recent European Commission reports indicate that they continue to emphasise passenger rights in maritime transport (European Commission, 2025).
Air Law: International air travel rules and documents are established through "The Warsaw Convention of 1929." This convention also covers what compensation is provided to travellers if they are injured or killed. "The Five Freedoms Agreement of 1944" covers all the regulations for landing at various locations, whether for traffic, non-traffic, passenger landings, or cargo, and determines what kind of areas these regulations cover. The complexities of airport planning and international aviation law still provide a good reference for the industry (Salih, 2021).
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Health, safety and security law is primarily concerned with the hazards that can arise in the travel and tourism industry and ensures that any hazard of accidents is reduced to the maximum extent. The major concern is to ensure security in every possible manner in the workplace. It is the first responsibility of the employer as well as the employee to detect beforehand whether any likelihood of a hazard exists in the workplace and report the hazard as soon as possible.
"The Health and Safety at Work (HSWA 1974)" set rules that employers had to follow in conducting their work. In order for things to function properly, it offered three options to follow:
(i) Guideline: The Health and Safety Guidance checks if people know the laws that are in place. They also help people follow these laws correctly. It also gives technical help for the rules.
(ii) Approved Code of Practices (ACOP): This refers to the establishment of the Approved Code of Practices (ACOP) for unsafe work practices as well as unsafe materials. Violation of these codes will make the employer liable. As per ACOP, the obligations of the involved employees:
Taking precautions to avoid accidents
Report hazards right away, whether they are real or possible.
Going for training courses on how to handle risks efficiently.
(iii) Regulations: The employer must ensure there is good lighting, first aid, and other necessary rules in a place where accidents can happen. Companies with five or more employees should write health and safety guidelines and also follow these:
New recruits are informed about the regulations through an appropriate introduction.
Offering training to existing company employees on how to acquire the required knowledge and skills to operate the equipment.
Issue of notices pertaining to the drill mechanism, as well as for displaying caution signs.
Mock firefighting and evacuation drills are practised at regular intervals.
Providing fire and safety manuals to the staff.
Advice sessions are held by the concerned authorities at regular intervals.
The Equality Act of 2010 was established to treat all employees and citizens equally and without discrimination. It also attempts to simplify the law by eliminating ambiguous provisions. It combines the "Equal Pay Act, 1970; Sex Discrimination Act, 1975; Race Relations Act, 1976; Disability Discrimination Act, 1995; Employment Equality (Religion or Belief) Regulations, 2003; Employment Equality (Sexual Orientation) Regulations, 2003; Employment Equality (Age) Regulations, 2006; Equality Act, 2006; Equality Act (Sexual Orientation) Regulations, 2007." Travel and tourism laws ensure that tour operators treat all customers equally by providing their services and goods to all customers without discrimination (Annesley and Gains, 2013).
The Sex Discrimination Act 1975 protects people against unfair treatment on the basis of gender or marriage for employment, education, and others. The Race Discrimination Act 1976 stops discrimination on the basis of race, colour, or origin.
Some of the forms of discrimination that the above-mentioned laws safeguard against are these:
Direct Discrimination: It is when an individual discriminates against others according to rules established by law.
Indirect Discrimination: This entails the exclusion of certain groups of individuals from a particular facility or service.
Perceptive Discrimination: It is rooted in overall notions of discrimination that people experience.
Harassment & Disability: Harassment is stated to take place when individuals are subjected to unwanted denial by the client, supplier, contractor, etc. Disability discriminations are made in explicit terms on the grounds of any disability or incapacitated body of the individual, denying such individual legitimate goods or services on the part of the tour operators. There are employment tribunals in place to look after discrimination and harassment on account of legitimate employment-related claims such as compensation, retention, etc., occurring due to any disability. Any individual who faces any discrimination during a touring period can make claims for remedial measures as found appropriate.
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Every tourism company has a binding agreement with its clients. The agreement describes the services and fees the company provides. It has information regarding the tours, such as arrival time, departure time, destination information, and fees for residing. If the company fails to live up to its commitments, clients can revoke their acceptance and terminate the agreement. Every agreement has some typical characteristics. They are as follows:
Offer: There are two parties involved in the offer. One of them is the offeror and the other is the offeree. The offeror makes the offer to the offeree, and the offeree accepts the offer. It is a service expression willing to be accepted.
Acceptance: The acceptance is given by the offeree on receiving the offer. This occurs when the offeree purchases a holiday tour package and then becomes the customer after having negotiated the same in detail with the travel agent.
Consideration: A contract is valid and complete if there is any consideration. It will not be an agreement if there is no consideration, and it cannot be challenged by the law. The fees paid by the travel agent in a holiday package can be regarded as consideration.
Capacity: It is the capability to form a legally binding contract. An individual must be of the right age, sound mind, and capable of making decisions to be capable by the law. For instance, a buyer will be required to declare that he or she is 18 years and older before he or she enters into a legally binding contract.
Certainty: Both parties to the contract are supposed to be sure about the terms and conditions of the contract; otherwise, it will be considered to be void. Any vagueness with regard to accommodation for an overnight stay in a hotel will render the contract to be void. A holiday contract, thus, should have the following:
1. Consensus of the parties
2. Package details
3. Customer's preference
4. Rules for customers
5. Terms and conditions among parties
6. Information about where to stay
7. Length of stay
8. Destination
It is apparent that when two individuals engage in a contract for a house, conditions must be up to standards of hygiene as per health and safety legislation (Cimmino, 2016).
Consumer’s rights and interests are protected by the consumer protection legislation that these are not violated by the travel and tourism agents and business owners.
"The Trade Description Act 1968 prohibits individuals from providing false or deceptive descriptions of goods, services, accommodation, and other services concerned above. [Brotherton, (2008)]" Trading Standards Officers are required to obtain the following:
1. Incorrect representation of the trade provided by the supplier.
2. Consent to provide or deliver "any services, facilities, or accommodation" under a false trade description.
3. Misleading statements about the "services, facilities or accommodation" made by the provider.
According to consumer rights and the obligations of the provider in "The Consumer Protection Act of 1987", manufacturers are obligated to give proper information about their products as required by the country's health and safety laws. It also forbids unfair trading practices as well as the following:
Restricts the quantity of low-quality products present.
1. Creates product liability
2. Controls legal authorities
3. Prevents illegal price indications
The "Consumer Protection from Unfair Trading Regulations 2008 (CPR)" is a law that helps to protect consumer rights using the following regulations:
1. Genuine charges
2. Adequate use of the surcharge
3. Room prices are offered.
4. Providing services while renting a room
5. Placing prices on the bars.
6. Minibar Fees
7. Swimming pool, gym, etc. charges.
Package Travel Regulations of 1992 ensure that any error of communication will be corrected at the end of the service provider by making the appropriate arrangements. It ensures that the minimum for a contract to be a holiday contract is clearly defined. To be a valid holiday contract, it should be two or more services like accommodation, transport, or other tourist services.
Air holiday firms must have an Aviation Travel Organiser's License (ATOL). This protects customers financially through insurance and bonding.
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The complexity of the travel and tourism industry is primarily due to the fact that there are a number of factors that are still emerging and have to be controlled. Hospitality, management, etc are factors which are subject to a number of other factors but are still independent of each other. Hospitality is primarily concerned with building valued relationships and fulfilling the diversified needs and demands of current and prospective travel and tourism consumers. It also includes the delivery of goods and services at the right price. There have also been some cross-cultural dilemmas. Political instability and unstable governments, like Russia, Syria, etc, also tend to impact the travel and tourism industry in terms of a particular tourist destination. The unfavourable and negative aspects of such places definitely discourage the growth and development of travel and tourism to a large extent.
Social and cultural factors also influence tourism and travel, depending on the societies and communities of the tourist destination countries. Tourists are largely classified according to age and the economy. Economically poor nations, like Vietnam and Bangladesh, make travelling easier by issuing easy visas with less paperwork. Robust economies like the USA and UK offer tough travelling regulations that require a lot of documents for applying for a visa. The World Economic Forum's 2024 Travel & Tourism Development Index offers recent statistics on how competitive different destinations are, showing the different factors that affect tourism (World Economic Forum, 2024).
Recent research indicates that issues in the travel and tourism industry primarily consist of bribery and corruption, gender discrimination, sexual harassment, exploiting natural resources, offering unhealthy food, etc. Corruption primarily comprises bribery and extortion. The 2020-2021 Medical Tourism Index of the Medical Tourism Association indicates the manner in which facets such as ethical concerns and the way individuals judge quality and safety affect destination choice (Medical Tourism Association, 2021).
Most countries have legislation to promote women's rights in employment and provide them with equal opportunities in the workplace. The new legislation, titled the "Equal Treatment of Men and Women Act", has, however, developed some situations where equal employment opportunities are not practised. It is also seen that the population of child labourers employed for the sake of employment in the majority of the developing nations has risen substantially. This employment is primarily as assistants, cleaners, workers, etc. The rise in the employment rate, poverty and absence of social security have been the causes for the rise in the population of child labourers in the world.
Moreover, child trafficking, pornography, etc, against the law in the eyes of the law in developing countries, are on the rise.
Business organisations implement some social practices as a social service to society. That is what we generally term Corporate Social Responsibility (CSR). "It refers to activities like Environmental protection, equal opportunity, and practising sustainable development (Crane et. al., 2010)". Tourism organisations can approach the local authorities to know their needs and, accordingly, business organisations can specify their responsibility to society. Tourism business organisations can specify their goals to conserve heritage, environmental resources and other social values to meet their Corporate Social Responsibility. Their primary goal should be to conserve natural resources and, accordingly, promote travel and tourism. Along with their business goals, they should also be involved in philanthropy for society. So, Corporate Social Responsibility can be providing protection to dangerous species, and developing cost-cutting mechanisms for the travel and tourism consumer, taking care of "social and cultural values". To meet this responsibility, any business would need the assistance of employees and resources for social welfare. In the current stage of globalisation, the organisation has to provide Corporate Social Responsibility to sustain society and work for its development. The UN Tourism Journal of Tourism, Sustainability and Well-being publishes current research on these changing practices (UN Tourism, 2025). In the context of the current assignment, we can quote an example of a large Corporation like Thomas Cook. "Thomas Cook was the first one to create the concept of a package holiday to promote social responsibility, and they claim to be as inspiring today as well. Thomas Cook has drawn a clear code of conduct to encourage the said activities which benefit the community.".
The company saw an 80% rise in Local Label sustainable trips in 2014. They also started a One Million Hearts Programme to improve the bond between employees and customers. The company has become more efficient by cutting waste, making it 35% more effective. In 2010, the company set goals as part of a 10-year plan, which included steps like getting employees involved, using consumer campaigns like Travel Foundation’s Make Holidays Greener, and supporting charity and fundraising [European Cities Marketing, 2015].
In this context, students navigating ethical dilemmas and sustainable practices in the travel and tourism industry can benefit greatly from expert support. Locus Assignments offers reliable assignment help services, providing tailored assistance for complex topics like these. With our assignment helpers, students can gain deeper insights and achieve academic excellence. Take a step towards your academic success by clicking on Upload Assignments.
Conclusion
In the case of the present study, it can be said that critical issues pertaining to health and safety, as well as security in the context of a country involving the protection of services about accommodation, as well as other related services, need to be prioritised by tour operators, tourism and travel providers. The legislation and regulations of travel and tourism are found to treat everyone alike without any gender, age, religion, etc., discrimination. This decision-making mechanism is found to be influenced by ethical issues unique to a situation. Ethics exchanged in this study can be in the form of business, marketing, as well as accounting. Hence, adequate knowledge of ethical issues can also influence decision-making in the travel and tourism sector to a significant extent. As is the case with any other sector, the travel and tourism sector also needs to adopt the path of sustainable development for successful growth and success. Corporate Social Responsibility can be an effective vehicle through which travel and tourism organisations can develop sustainable development for their overall welfare (Clift and Page, 2). The constant development of transport regulation will continue to shape how the sector functions in the future years (Idox Group, 2025).
References
Gao, S., Xu, F., Ding, D., Shen, H. and Zhang, X., 2023. An ethical analysis of the duties of NHS doctors in managing the negative health consequences of accessing medical treatments abroad. Clinical Ethics, 18(2), pp.179-186.
Sainaghi, R., Baggio, R. and Maizza, A., 2024. Strategic Management for Tourism. Routledge.
UN Tourism, 2025. Journal of Tourism, Sustainability and Well-being. Vol 13 No 2.
World Economic Forum, 2024. Travel & Tourism Development Index 2024.
Medical Tourism Association, 2021. Medical Tourism Index 2020-2021.
Idox Group, 2025. Transport in the 2020s: eight trends shaping the future.
European Commission, 2025. Passenger rights. Mobility and Transport.
Salih, C., 2021. International Law for Aerodrome Planning. Springer.
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