Legal And Regulatory Framework

Section 1) INTRODUCTION

London is major tourist destination for Middle Eastern consumers. This proposal will contain information related to law and ethics of British law and ethics. The purpose of law and regulatory framework proposal is for examining British travel and tourism industry benefits for sending consumers from Middle East along with legal and regulation. The proposal will be aimed at providing basic understanding and detailing for having an idea for accepting London as major tourist destination.

The contents of proposal will be background information of British system, powers of the authorized bodies, organizational involvement in disputes court systems, surface, sea and air law for carrying passengers.

The objectives of proposal are described below:

Determining British system in travel and tourism. Identifying the law and regulatory that is used in England. Identifying the roles and regulatory power of authorized bodies in travel and tourism. Describing the disputes in court systems. Identifying laws related to surface, air and sea when there are passengers travelling from one destination to another. Describing recommendation and conclusion for proposal.

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Section 2) DESCRIPTION

1) The legal and regulatory framework of the travel and tourism industry:

In the English system there are four sources of law and they are legislation, case law, EC law and custom. There is no specific legal and regulatory framework in British but similarly code of conduct is established. The ABTA Ltd. provides clear information about related laws in detail which will ensure satisfying the travelers and maintaining travel and tourism industry's reputation.

According to code of conduct provided by ABTA The Travel Association the contents are related to booking, travel, departure, communication and insurance notification. The process involves before booking, making the booking, between booking and travel, after departure, communications between Members and consumers and ABTA, general conduct, compliance with this Code of Conduct and liability Insurance Notification Form1. These processes are to be carefully done for preserving the rights of consumers in British travel and tourism. There is different association providing guidelines for travelers to assure their stay as comfortable free from legal and law issues.

The other bodies are Strategic Rail Authority (SRA), Health and Safety Executive (HSE), Health and Safety Commission (HSC), Maritime Authorities, International Air Transport Association (IATA), Air Travel Operators Licensing (ATOL) and Civil Aviation Authority (CAA).

ABTA Ltd. Legal Department, 2008, CODE OF CONDUCT, [accessed 31 October 2008 Online]. Available at: http://www.abta.com/filegrab/?f=codeofconduct280208.pdf&ref=84

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The framework of British travel and tourism law are shipping law, environmental law and air and space law2. They all differentiated and includes separate laws and do not come under the same umbrella.

2) The role and regulatory powers of the authorized bodies.

The authorized bodies are Travel association and they contribute in travel and tourism facilities for their tourists. The role is to contribute and to maintain national stock of leisure facilities. The varieties of facilities include entertainment parks, gardens, piers, swimming pools and promenades, cultural attractions and sports facilities. The authorized bodies are the local authorities taking and implementing regulation for preserving their facilities3.

They have the power to take actions and make penalties payable against the damages and loss caused in the facilities. The authorized bodies have the full power to hold travelers during their visit until the case is solved. Their role also includes inspecting and checking the British facilities provided for tourists by developing, maintaining and preserving it. The laws and regulations are very strict which is managed and implemented by British local authorities. The major regulator is Association of British Travel Agents which is incorporated with facilities and services above including code of conduct.

3) The process and organizations involved in determining disputes court systems.

2

The Intute: Social Sciences Offices, 2008, Travel and Tourism Law, [accessed 1 November 2008 Online]. Available at: http://www.intute.ac.uk/socialsciences/cgi-bin/browse.pl?id=114384 3 Victor T C Middleton, Leonard J Lickorish. 2005. British Tourism, Second Edition: The remarkable story of growth (British Tourism Series) (British Tourism Series).

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There are different types of courts in British for handling disputes. The courts and their systems are differentiated depending upon the type of disputes to be handled and we can say that the courts are specialized depending upon type of cases. The process involved will be determining the type of case and suitable court for appealing hearing of it.

The types of courts in UK are4:

Magistrate's courts are for civil and criminal cases. Tribunals for taking decisions which are regulated by legal instruments but they are not really court. County courts are for hearing civil cases. Crown courts are for hearing serious criminal cases. The High court with three main divisions. This court has some jurisdiction over criminal appealing and hearing. The Appeal court for proceeding and hearing criminal appeals. The House of Lords is for criminal and civil cases. The Judicial Committee of the Privy Council for cases within British Empire. The European Court of Justice with single hearing and further appealing for protection of human rights and fundamental freedoms.

Pierre MET, 2008, INTRODUCTION TO THE ENGLISH LEGAL SYSTEM, [accessed 2 November 2008 Online]. Available at: http://old-www.jm.u-psud.fr/format/langues/doc/English_Legal_System.pdf

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It is also known that there is no single unique English legal system that is related in structuring British society. The organizations involved will be lawyers and association who are taking cases and disputes towards the right court. They will be helping the clients for claiming their rights. They will be assuring that the case is not dismissed and applied in the right court5.

In Middle East, it is not necessary that lawyers and legal firms are hired for defending the case and taking the right of hearing applier. In UK, the case holder must consult and apply with the help of lawyer or legal firm.

4) Surface, sea and air transport law in relation of the carriage of passengers within the legal and regulatory frame work.

The meaning of carrier may be related to carriage of passengers rather than goods or products. A carrier is a person or organization who is providing transportation services with purpose of business and ticket selling with or without charges for passengers travelling from one location to another. The tickets obtained are usually sold by carrier, tour operator travel agents or authorized person for selling or providing it.

The duties of carrier are to make sure that passengers are safely driven to their destinations without injuries caused and harms affected. When the transportation is full, it is the responsibility of carrier for not allowing more passengers so others can be comfortably seated and situated also when they are standing or sliding.

Fiona Cownie, Anthony Bradney, Mandy Burton. 2007. English Legal System in Context.

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The relationship between travel agents and carriers are business dealings during carriage of passengers. The process of relationship includes organizing of tours by carriers or tour operators and selling of tickets by travel agents. The reason is that for avoiding liable acts and omissions that might be from carrier. When there is injury or harm caused on passengers the bearer is carrier rather than seller (travel agents).

The carrier is liable and accountable for causes on passengers and according to Acts established they are mentioned below:

Carriage by Air and Road Act 1979 abides basic liabilities that carrier will be bearing during performance of his job. This includes situations such as death or injury of passengers or losses and damages of their belongings where carrier will be held responsible which is occurred due to their carelessness. The carriage can be either air or road and passengers are taken care by carrier. International Carriage by Sea (Athens Convention 1974) is the act that is international recognized for carrier making journeys internationally through the means of sea. This also imposes carrier for being liable for injuries, losses and damages caused to passengers during their journey by sea. Passenger's luggage can be any belonging that is being carried. International Carriage by Road (Carriage by Air and Road Act 1979) for protecting the rights of passengers travelling paid or free as per permission from carrier. The rights and claims include any physical or mental disorder and damage on passenger during travel and any damage or loss during loading and unloading of belongings / luggage.

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The Athens Conventions Act 1974 applies to carrier and performer carrier within their contract and it is for passengers travelling by ship which is according to international rules. They are providing liability coverage over passengers paying fare while traveling with their ship which is applied to tenders with written notice of their belongings to carrier. The Act was adopted and amended by UK.

The Athens Conventions Act 1974 is applied for international carriage of passengers by sea and Domestic Carriage Order 1987 applies for domestic carriage of passengers by sea.

The basic of liability for a rail carrier is relieved when damages, losses and injuries are due to accidents not connected to railway operations, not connected with carrier but fault of passengers and third parties. International carriage by rail is repealed by the Carriage by Railway Act 1972 and rules within this act apply to passengers who are travelling with registered luggage and carryings. When there is case of damages and losses this includes costs payable to passengers and their registered luggage. The possible damages are injuries, deaths, mental suffering, nervous shock and loss suffered by dependents.

Domestic carriages by rail are rights and obligations due which are operated by carrier for passengers traveling domestically. This includes general rules of contract and rail carrier is liable and accountable for passenger injury and luggage loss due to negligence from carrier itself and not passenger.

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Carriage by air is when passenger is purchasing ticket and travelling from particular airline. The three types on conventions are:

The Warsaw Convention 1929 development of international rules for managing airline industry. Convention Amendments due to unacceptable rules which occurred due to economic changes. The Hague Protocol 1955 was instead of new convention which was incorporated with existing one as a protocol. The Guatemala Convention 1961 was amendment to Warsaw Convention. The status was dealing with contract and actual carrier.

The Council Resolution on Rights of Air Passengers 2000 is established for the aim of strengthening the rights and claims of passengers travelling by means of air. This included processes for air passengers such as improving information, improving services provided, making it easier to file complaints, providing prompt and accurate information, drawing regular reports and revising travel contracts with parties concerned. Safety on Board Aircraft implements inspection and protection of aircraft and passengers. Their process involves assuring safety of passengers, security of aircraft and safe journeys without criminality cases and activities. Denied Boarding is followed by the EC Denied Boarding Regulation 1991. This is when airline is travelling from airport of EU member state for protecting the rights of travelers. It is not necessary that passenger must be EU member and have right to claim due to mistakes from carrier6.

The Legal And Regulatory Framework, BPP Publishing Ltd, London, 2000.

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Section 3) RECOMMENDATION / CONCLUSION

As London follows a complete different system of law and regulation when comparing with Middle East, it is recommended that travelers and consumers are provided with brochure including laws and ethics handbook which will be useful for them. This will guide them throughout their travel towards this destination. Along with this information other details such as various means of transportation and complete clear guide for tourism facilities and services. On the other hand, the consultation services and presentations which will be opportunities for consumers in travel and tourism industry during marketing activities and providing trips and information.

The consumer might not obtain 100% information about laws and regulations but at least 80% information will be helpful. The legal and regulatory framework is discussed with vital information, role and regulatory powers with examples of authorized bodies, processes and outcomes of court system and laws related to surface, sea and air transportation.

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Section 4) BIBLIOGRAPHY

ABTA Ltd. Legal Department, 2008, CODE OF CONDUCT, [accessed 31 October 2008 Online]. Available at: http://www.abta.com/filegrab/?

f=codeofconduct280208.pdf&ref=84 The Intute: Social Sciences Offices, 2008, Travel and Tourism Law, [accessed 1 November 2008 Online]. Available at:

http://www.intute.ac.uk/socialsciences/cgi-bin/browse.pl?id=114384 Victor T C Middleton, Leonard J Lickorish. 2005. British Tourism, Second Edition: The remarkable story of growth (British Tourism Series) (British Tourism Series). Pierre MET, 2008, INTRODUCTION TO THE ENGLISH LEGAL SYSTEM, [accessed 2 November 2008 Online]. Available at: http://old-www.jm.upsud.fr/format/langues/doc/English_Legal_System.pdf Fiona Cownie, Anthony Bradney, Mandy Burton. 2007. English Legal System in Context. The Legal And Regulatory Framework, BPP Publishing Ltd, London, 2000.

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