Legislation

Topics: Contract, European Union, Unfair Contract Terms Act 1977 Pages: 9 (3675 words) Published: November 29, 2014
 ID-12528 LEGISLATION AND ETHICS in T&T

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Pearson BTEC Level 5 HND in Travel and Tourism
Unit 8 egislation and Ethics in Travel and Tourism Sector
Session February 2014

Submitted to: E. Fomuso

Submitted by: ID-12528
Legislation and Ethics in the Travel and Tourism Sector

Task 1 (a)
Civil law spells out the rights and duties that exist between persons and between persons and their governments, and the relief available when a person's rights are violated. Typically, in a civil case, a private party sues another private party (although the government can also sue a party for a civil law violation) to make that other party comply with duty or pay for the damage caused by the failure to comply with a duty. For example if a seller fails to perform a contract with a buyer, the buyer may bring a lawsuit against the seller. The purpose of the lawsuit will be either to compel the seller to perform as promised or, more commonly, to obtain money damages for the seller’s failure to perform. Contract law, for example is civil law, the whole body of tort law also is civil law (Cleverdon & Kalisch, 2000, 171-187). Criminal law has to do with wrongs committed against society for which society demands redress. Criminal acts are proscribed by legislation or statutes of the state. Thus, criminal defendants are prosecuted by public officials not by their victims or other private parties. Whereas in a civil case the object is to obtain remedies (such as monetary damages) to compensate the injured party, in a criminal case the object is to punish the wrongdoer in an attempt to deter others from similar actions. Penalties for violations of criminal statutes consist of fines and/or imprisonment—and, in some cases, death (Richter & Richter, 1999, 1-5). Despite the fact that there is no legal and regulatory framework in British framework, nonetheless, there is the ABTA code of conduct which holds issues identified with tourism, for example, insurance notice, communication, booking and so on. With respect to, it holds all courses of action like what happens before booking, how to make the booking, what can happen between travel and booking and so forth (Laws, Richins & Agrusa, 2011, 150-180). According to s. 5(3), the travel operators would be held guilty of an offense if they contravene the pre-requisite requirement of s. 5(2), as laid down of the same legislation. Since the matter whether the promised services were available or not has not been clarified, the tour operators would be required to pay damages in a court of law upon summary conviction, as established in s. 5(3)(a) (Cleverdon & Kalisch, 2000, 171-187). The case represents a classic case of breach of contract, since promises had not been fulfilled. Therefore, as provided in Jarvis v Swans Tours Ltd [1972], the claimant had been disappointed with the standard of service advertised and promised, which differed significantly from the service provided at the hotel. Therefore, damages of £125 had been awarded. Following this legal precedent, Mr Davis may demand redress for the disappointment he had to face. The travel agents would be liable to pay for the amount which would be determined in a court of law, owing to the breach of legislative regulation that they have made. Moreover, it has also been provided in s. 5(2) of the legislation, when a tour operator has reason to believe that changes may occur in the price(s) or related information, they should not provide such a brochure (Marvell, 2006, 200-350).

Task 1b The Department for Transport (DfT) is...

References: Alegre, J., Cladera, M., & Sard, M. (2013). Tourist areas: Examining the effects of location attributes on tour-operator package holiday prices. Tourism Management, 38, 131-141.
Buhalis, D., & Laws, E. (Eds.). (2001). Tourism distribution channels: Practices, issues and transformations. Cengage Learning EMEA. 55-85.
Cleverdon, R., & Kalisch, A. (2000). Fair trade in tourism. International Journal of Tourism Research, 2(3), 171-187.
Cooper, C. (2008). Tourism: Principles and practice. Pearson education. 200-260.
Craig, P., & De Búrca, G. (2011). EU law: text, cases, and materials. Oxford University Press.pp. 45-49.
Holden, A. (2003). In need of new environmental ethics for tourism?. Annals of Tourism Research, 30(1), 94-108.
Kalbaska, N., Andy Lee, H., Cantoni, L., & Law, R. (2013). UK travel agents’ evaluation of eLearning courses offered by destinations: An exploratory study. Journal of Hospitality, Leisure, Sport & Tourism Education, 12(1), 7-14.
Key Travels. (2013). Corporate Social Responsibility (CSR). Retrieved from: http://www.keytravel.com/our_world/corporate_social_responsibility
Laws, E., Richins, H., & Agrusa, J
Marvell, A. (2006). GCE AS Travel and Tourism Double Award for Edexcel. Heinemann. 200-350.
Richter, L. K., & Richter, W. L. (1999). Ethics Challenges: Health, Safety and Accessibility in International Travel and Tourism. Public Personnel Management, 28(4). 1-5.
Wilks, J., Stephen, J., & Moore, F. (Eds.). (2013). Managing tourist health and safety in the new millennium. Routledge. 44-65.
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