2105hsl 12 legal1

2105hsl 12 legal1 - Topic 12 Legal Aspects of Marketing...

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Topic 12 Legal Aspects of Marketing
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Learning Objectives 1. Comprehend basic concepts, sources and types of law relevant to travel and hospitality – what law is 2. Provide a rational for understanding how legal contracts operate in the context of designing, operating and promoting travel and hospitality products – how laws operate 3. Consider examples of legal information relevant to travel and hospitality sectors and 4. How to manage legal and other risks
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Legal Concepts in Travel and Hospitality Services Laws are codified rules imposed on a society by a supreme authority. Society recognizes (accepts) that law govern and regulate conduct International nature of travel and hospitality means laws relate to international, national, state and local jurisdictions ; regulated by a hierarchical system of courts (e.g., community justice centre -> small claims court -> district court -> state supreme court -> federal court -> high court) Concept of law Similar among countries with common ancestry (e.g., the UK, Australia and New Zealand) Differs among countries depending on cultural sources of law (e.g., democratised v centralised political economies, Islamic, tribal culture) Increasing trend toward forming agreements about international business law and human rights laws
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Sources of Law 1. Religion : e.g., Sharia law in Muslim countries regulates employment of women, financial conduct among companies, days/hours of business operation 2. Indigenous Customs : e.g., local aboriginal land councils regulate public entry to cultural sites, harvesting of natural resources; provision of gambling services 3. International organisations : e.g., mostly non-enforceable treaties, GATTs & MOUs concerning ethical business practice (WTO), air travel (ICAO), employment practices (ILO) etc 4. National governments : e.g., The Australian Federal Government creates Statute Law regulating payment of taxes levied against tour operators using the Great Barrier Reef 5. State governments ; e.g., Queensland State Government regulates activities of international tour operators, and liquor licensing and gaming laws 6. Local government : e.g., Brisbane City Council regulates operation of food and beverage services in restaurants and cafes, noise restrictions and operating hours of nightclubs 7. The Courts : e.g., the High Court of Australia has made rulings about protecting the Great Barrier Reef and prevention of sandmining on Fraser Island – both important tourist attractions 8. Tribunals : e.g., the Trade Practices Commission regulates against misleading or deceptive advertising in travel brochures 9. Professional Associations : e.g., such as the Australian Hotels Association impose (non- enforceable) codes of practice for responsible gambling by hotel guests, use of personal information collected from hotel guests, adopting environmentally sustainable practices
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Types of Law Criminal Law – laws designed to enforce peace among people
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