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Last Update January 2012 DT FTH 205 LAW FOR TRAVEL, TOURISM AND HOSPITALITY FOUNDATION DEGREE IN TRAVEL AND TOURISM MODULE GUIDE LEVEL 2 2011/2012

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Last Update January 2012 DT

FTH 205

LAW FOR TRAVEL, TOURISM AND HOSPITALITY

FOUNDATION DEGREE IN TRAVEL AND TOURISM

MODULE GUIDE

LEVEL 2

2011/2012

Last Update January 2012 DT

Scheme: Undergraduate

School: Business & Law Department: Tourism

Level: Level 2

Module Leader: JAMES JOHNSON [email protected]

Credits: 20 Subject: Tourism

Description: PRE-REQUISITES N/A CO-REQUISITES N/A LEARNING HOURS 200

Teaching Staff Contact Details (Colleges to supply) Daniel Theyagu [email protected]

Support Staff Contact Details: Student Coordinator: Raymond Lee, +65-9796 7042, [email protected]

1. Introduction

Law affecting the travel and tourism industry. Underpinning knowledge of the legal and regulatory framework. Key legal areas including employment law, health and safety legislation, data protection, consumer protection, passenger transport operations and the law. Accommodation services law 2. Learning Outcomes.

Upon successful completion of this module, students will have demonstrated Knowledge

1. Knowledge of the legal and regulatory framework of the travel, tourism and hospitality industry.

2. Knowledge and understanding of the principles of employment law, health and safety law and data protection

Skills 3. The ability to clarify consumer protection laws. 4. The ability to explain the laws relating to Accommodation Services 5. The ability to discuss laws relating to the carriage of passengers

3. Teaching and Learning Approaches There will be twelve sessions of three hours in duration consisting of a mixture of lectures, workshops and discussion. Student participation will be expected.

4. Student Learning Time Each 20 credit module is made up of 200 student learning hours. Each student should decide the optimum use of her or his time, but the following is recommended:

Last Update January 2012 DT

Lecture 36 hours Group Tutorials 12 hours Presentations 18 hours Directed individual research 134 hours

Class Schedule (College to add week by week schedule)

1 Introduction to Law, Law and other rules. 2 Criminal and Civil Law. The Singaporean Legal System. 3 Sources of Law, legislation, delegated legislation, judicial precedent or case

law. How law relates to Hospitality, Travel and Tourism. 4 Introduction to Contract – Overview and relevance of Contract Law in

Hospitality, Travel and Tourism. 5 Introduction to Contract – Offer + Acceptance, Intention and Consideration in

Contract, Capacity to Contract. 6 Terms of Contract – Express and Implied Terms. How Terms affect the

validity of the contract in Travel and Tourism. 7 Vitiating Factors, Discharge of Contract with specific reference to Employment

Contract. 8 Consumer protection, Package travel directive and Introduction to Law of Tort. 9 Law of Negligence and its impact on Hospitality, Travel and Tourism. 10 Legal Responsibilities of Hospitality Operator to Guests, Guests’ Property. 11 Legal Responsibilities of Travel Operators and the Law of Agency. 12 Review of module. Assessment 001 Individual essay assessing learning outcomes 1-5 - 60% Assessment 002 Group presentation - assessing learning outcomes 1-5 - 40%

Sequence Assessment Type

Marking Scheme

Weighting %

Qualifying Mark

Pass Mark

001 Individual Essay UG 60% 40 40

002 Group Presentation

UG 40% 40 40

Last Update January 2012 DT

Assessment Regulations Where module assessment comprises two or more contributory elements, a pass will be

awarded when a student achieves an overall grade of 40% or above for the module,

providing the student has submitted all elements of assessment. A summary of the

Universities Regulations can be found at:

https://docushare.sunderland.ac.uk/docushare/dsweb/Get/Document-6288/AQH-F0+Student+guide+to+the+regulations.pdf Deadlines All coursework must be handed in by the stated deadline. Any work which is handed in after

the deadline with no extenuating circumstances will, in accordance with university

regulations, be awarded zero. If for any reason you are unable to complete the coursework

on time please contact the module tutor in advance. It is important to obtain and submit

written evidence of any illness. See the following document for a statement on the University

of Sunderland Extenuating Circumstances Policy:

https://docushare.sunderland.ac.uk/docushare/dsweb/Get/Document-2995/AQH-F6-

%0913+Procedures+for+Extenuating+Circumstances.pdf

IMPORTANT You should take note of the emphasis placed in the student regulations upon submitting work. Failure to submit work can mean that you are not able to pass this module, that you are not eligible for compensation (where good performance in a module can compensate for poor performance in another module) at the end of the year, and that you are not able to trail one failed module into the next year. This will result in you having to convert to part-time study to catch-up with a module that you have not passed.

Last Update January 2012 DT

Assignment Briefs

FOUNDATION DEGREE IN TRAVEL & TOURISM

MODULE: FTH 205 - PLANNING AND LAW FOR TRAVEL, TOURISM & HOSPITALITY

ESSAY

THEME The aim of this module is to give students an insight into law affecting the travel and tourism industry. It is intended to provide the underpinning knowledge of the legal and regulatory framework that would be necessary for effective working within the travel and tourism industry. However as this subject area is vast the unit concentrates on the major pieces of legislation students are likely to come across during their management careers LEARNING OUTCOMES COVERED: Upon successful completion of the module, learners will: be able to: -

1. Explain the legal and regulatory framework of the Travel, Tourism and Hospitality industry.

2. Explain the principles of employment law, health & safety law and data

protection.

3. Clarify consumer protection laws. The deadline for the submission of this assignment: Will be confirmed by Course Leader Two identical copies must be submitted STUDENT ACTIVITIES: Your specific tasks are based upon the following scenario

You work for a leading tour operator and have been asked by your line manager to hold a series of seminars for a group of new graduate trainees. You decide to structure your talks as follows: -

Last Update January 2012 DT

Seminar One “The Legal and Regulatory Framework

Seminar Two “Legal Responsibilities of Hospitality Operator to Guests

Seminar Three “”Consumer Protection”

A minimum of 500 words per talk balance for introduction and conclusion

A minimum of four text references for each talk

Important The word count for this essay is within a range of 2000(+/- 10%); your word count must be stated All sources must be acknowledged in a “list of references/bibliography” employing the Harvard system. Contents page and list of references/bibliography do not contribute towards the essay word count. Appendices (which are additional to the word count) may include source material but this must be referenced within the main text.

Last Update January 2012 DT

INDICATIVE ANSWERS - ESSAY

CITY OF SUNDERLAND COLLEGE/UNIVERSITY OF SUNDERLAND FOUNDATION DEGREE IN TRAVEL AND TOURISM

MODULE: FTH 205 - Law for the Travel and Tourism Industry

Essay criteria feedback sheet for ……………………………………

Topic

Possible Actual

Introduction

Legal maxim

5

1 The Legal & Regulatory Framework Law & other rules Criminal & Civil Law Sources of Law The Legal/Court System

25

2 Legal Responsibilities of Hospitality Operator to Guests Law of Negligence Vicarious Liability Defences in the Negligent lawsuit Duty of Care Principle Comparative Negligence

25

3 Consumer Protection Contract Law Misrepresentation Exemption clauses Duress and Undue Influences

25

Conclusion

5

Referencing in text Appendices Bibliography/acknowledgements

5

Level and standard of independent research.

5

Overall standard of assignment presentation

5

Total Marks…………………….Weighted mark to module ………………………. Assessor/Moderator………………………………………….Date…………………………

Last Update January 2012 DT

FOUNDATION DEGREE IN TRAVEL & TOURISM

MODULE: FTH 205 PLANNING AND LAW FOR TRAVEL, TOURISM & HOSPITALITY

GROUP PRESENTATION

THEME This assessment concentrates on two themes, the laws relating to accommodation services and the carriage of passengers. As the majority of students are likely to be employed in the aviation industry, as part of the transport industry, the main concentration on legal issues of carriage will be given to this sector. However reference will be made to rail, road and sea carriage. LEARNING OUTCOMES COVERED: Upon successful completion of the module, learners will: be able to: -

1. Explain the laws relating to accommodation services

2. Discuss laws relating to the carriage of passengers

The date of the presentation will be confirmed by Course Leader Only one copy of the presentation needs to be handed to the lecturer. However, you are advised to keep an identical copy in case there is a need for you to re-submit for verification purposes.

Last Update January 2012 DT

STUDENT ACTIVITIES: Following a series of lectures and seminar discussions students are required to prepare a presentation lasting no less than 15 minutes and no longer than 20 minutes

TASK ONE

Explain the laws relating to accommodation services. Your answer should include concepts like Occupiers’ Liability, Negligence, Laws pertaining to the rights and duties of Hotel Proprietors and issues pertaining to exemption clauses and their validity.

TASK TWO – Laws relating to the carriage of passengers

With the aid of relevant examples and case scenario, briefly outline conventions relating to the carriage of passengers by Air, Rail, Road and Sea. You are allowed to research from the Internet, however you have to be mindful of not plagiarizing any information that you find. . It is important that all group members play an equal part including a role in the final presentation. References to text sources should be made use of visual aids and a copy of the presentation notes given to the assessor. The notes must indicate each group member's contribution to the presentation.

Important As this is a time constrained presentation there is no minimum word count and you may therefore simply present your presentation notes at the end of the session. All sources must be acknowledged in a “list of references/bibliography” employing the Harvard system. Contents page and list of references/bibliography do not contribute towards the essay word count. Appendices (which are additional to the word count) may include source material but this must be referenced within the main text.

Last Update January 2012 DT

INDICATIVE ANSWERS

CITY OF SUNDERLAND COLLEGE/UNIVERSITY OF SUNDERLAND FOUNDATION DEGREE IN TRAVEL AND TOURISM

MODULE: FTH 205 - Law for Travel, Tourism & Hospitality

Presentation criteria feedback sheet for ……………………………………

Topic

Possible Actual

Introduction

6

1 Laws relating to accommodation services Presentation of Case Scenario

20

2a International Carriage by Air Warsaw Convention Safety on board aircraft

25

2b International Carriage by Sea, Rail, Road

Athens Convention Carriage of Passenger by Road Act

20

Conclusion

10

Referencing in text 2 Appendices 2 Bibliography/acknowledgements 2

5

Level and standard of independent research.

8

Overall standard of assignment presentation

6

Total Marks…………………….Weighted mark to module ………………………. Assessor/Moderator………………………………………….Date…………………………….

Last Update January 2012 DT

SUBMISSION ARRANGEMENTS

Grading You will be marked in accordance to the University of Sunderland assessment criteria

(page 9-10). The assessment criteria covers; Relevance, Knowledge, Analysis, Argument and Structure, Critical Evaluation, Presentation, Reference to Literature. Presentation

You must use Times New Roman point 12 and double line space your essays. Never underestimate the difference good presentation makes and always proof read your essay.

FEEDBACK You must submit 2 copies off all assignments. A copy shall be held at your college and released to you once the assessment has been moderated by the academic staff at the University of Sunderland. A copy shall be returned to you with feedback once

your work has been, marked, moderated and ratified by the module assessment board. You must use the University of Sunderland assignment front cover sheet (page 7).

The front cover sheet has space for feedback on, learning outcomes, areas of commendation and areas for improvement

HAND IN DATE Refer to timetable HAND DEADLINE: To be advised by lecturer during first lesson HAND IN LOCATION 1st & 3rd Attempt to lecturer 2nd & 4th attempt (referred work) to student services counter STAFF RESONSIBLE Daniel Theyagu

Last Update January 2012 DT

UNIVERSITY OF SUNDERLAND Faculty of Business and Law

MANAGEMENT DEVELOPMENT INSTITUTE OF SINGAPORE

Student ID: Student Name:

Module Name: Module Code:

Centre/ College: Due Date Hand in Date

Assignment Title:

Learning Outcomes Assessed

Learning

Outcomes

Assessed

Feedback relating learning outcomes and assessment criteria given to students:

Areas for

Commendation

Areas for

Improvement

General

Comments

Assessors Signature Overall Mark : Subject to

ratification by the assessment

board

Moderators Signature

Students Signature: You must sign this declaring that it is all your own work and all sources of

information have been referenced:

Last Update January 2012 DT

Assessment Criteria

Categories

Grade Relevance Knowledge Analysis Argument and Structure

Critical Evaluation Presentation Reference to Literature

Pa

ss

86 – 100%

The work examined is exemplary and provides clear evidence of a complete grasp of the knowledge, understanding and skills appropriate to the Level of the qualification. There is also ample excellent evidence showing that all the learning outcomes and responsibilities appropriate to that Level are fully satisfied. At this level it is expected that the work will be exemplary in all the categories cited above. It will demonstrate a particularly compelling evaluation, originality, and elegance of argument, interpretation or discourse.

76-85%

The work examined is outstanding and demonstrates comprehensive knowledge, understanding and skills appropriate to the Level of the qualification. There is also excellent evidence showing that all the learning outcomes and responsibilities appropriate to that level are fully satisfied. At this level it is expected that the work will be outstanding in the majority of the categories cited above or by demonstrating particularly compelling evaluation and elegance of argument, interpretation or discourse.

70 – 75%

The work examined is excellent and is evidence of comprehensive knowledge, understanding and skills appropriate to the Level of the qualification. There is also excellent evidence showing that all the learning outcomes and responsibilities appropriate to that level are satisfied At this level it is expected that the work will be excellent in the majority of the categories cited above or by demonstrating particularly compelling evaluation and elegance of argument, interpretation or discourse.

60 – 69%

Directly relevant to the requirements of the assessment

A substantial knowledge of relevant material, showing a clear grasp of themes, questions and issues therein

Good analysis, clear and orderly

Generally coherent and logically structured, using an appropriate mode of argument and/or theoretical mode(s)

May contain some distinctive or independent thinking; may begin to formulate an independent position in relation to theory and/or practice.

Well written, with standard spelling and grammar, in a readable style with acceptable format

Critical appraisal of up-to-date and/or appropriate literature. Recognition of different perspectives. Very good use of source material. Uses a range of sources

50 – 59%

Some attempt to address the requirements of the assessment: may drift away from this in less focused passages

Adequate knowledge of a fair range of relevant material, with intermittent evidence of an appreciation of its significance

Some analytical treatment, but may be prone to description, or to narrative, which lacks clear analytical

Some attempt to construct a coherent argument, but may suffer loss of focus and consistency, with issues at stake stated only vaguely, or theoretical mode(s) couched in simplistic terms

Sound work which expresses a coherent position only in broad terms and in uncritical conformity to one or more standard views of the topic

Competently written, with only minor lapses from standard grammar, with acceptable format

Uses a variety of literature which includes some recent texts and/or appropriate literature, though not necessarily including a substantive amount beyond library texts. Competent use of

Last Update January 2012 DT

purpose source material. 40 – 49%

Some correlation with the requirements of the assessment but there is a significant degree of irrelevance

Basic understanding of the subject but addressing a limited range of material

Largely descriptive or narrative, with little evidence of analysis

A basic argument is evident, but mainly supported by assertion and there may be a lack of clarity and coherence

Some evidence of a view starting to be formed but mainly derivative.

A simple basic style but with significant deficiencies in expression or format that may pose obstacles for the reader

Some up-to-date and/or appropriate literature used. Goes beyond the material tutor has provided. Limited use of sources to support a point. Weak use of source material.

Fa

il

35 – 39%

Relevance to the requirements of the assessment may be very intermittent, and may be reduced to its vaguest and least challenging terms

A limited understanding of a narrow range of material

Heavy dependence on description, and/or on paraphrase, is common

Little evidence of coherent argument: lacks development and may be repetitive or thin

Almost wholly derivative: the writer’s contribution rarely goes beyond simplifying paraphrase

Numerous deficiencies in expression and presentation; the writer may achieve clarity (if at all) only by using a simplistic or repetitious style

Barely adequate use of literature. Over reliance on material provided by the tutor.

The evidence provided shows that the majority of the learning outcomes and responsibilities appropriate to that Level are satisfied. 30 – 34%

The work examined provides insufficient evidence of the knowledge, understanding and skills appropriate to the Level of the qualification. The evidence provided shows that some of the learning outcomes and responsibilities appropriate to that Level are satisfied. The work will be weak in some of the indicators.

15-29%

The work examined is unacceptable and provides little evidence of the knowledge, understanding and skills appropriate to the Level of the qualification. The evidence shows that few of the learning outcomes and responsibilities appropriate to that Level are satisfied. The work will be weak in several of the indicators.

0-14% The work examined is unacceptable and provides almost no evidence of the knowledge, understanding and skills appropriate to the Level of the qualification. The evidence fails to show that any of the learning outcomes and responsibilities appropriate to that Level are satisfied. The work will be weak in the majority or all of the indicators.

Last Update January 2012 DT

Plagiarism

Plagiarism is absolutely forbidden. It consists of the unacknowledged copying of

passages from other people’s work, even if paraphrased by altering occasional words or

phrases. This applies to work of any kind, including books, articles, encyclopaedias, student

essays, newspapers or any other source, whether written, printed, electronic or any other

form. It also applies to all internet sources. Presenting other people’s work as your own is

dishonest and could mean that you have obtained your class of degree by corrupt means.

To ensure that you cannot be accused of plagiarism, place all quotes from other works within

quotation marks and reference them. If you are at all uncertain as to what constitutes

plagiarism or how to deal with the problem seek advice from a relevant member of staff.

At the University you will continually engage with the words, thoughts and findings of others

as part of your studies and it's expected that you will incorporate these into your own work.

However, you must also demonstrate your own understanding of the subject or topic that

you are studying. Simply repeating or paraphrasing the words of others is academic

dishonesty and suggests a lack of understanding and application to your work. Where

plagiarism is proven you will be penalized. It is therefore important to give full

acknowledgement where it is due and cite all your sources correctly. It is essential to

reference all material you have used and to keep a complete and accurate bibliography. The

following document explains the universities policy on plagiarism.

https://docushare.sunderland.ac.uk/docushare/dsweb/Get/Document-2994/AQH-F6-

%0912+Policy+Statement+on+Plagiarism.pdf

Support in Referencing

Your essay must be academic in focus and therefore must be grounded in suitable academic

literature, including text books and journal articles. The University of Sunderland uses the

Harvard and British Standard system as standard referencing systems. 'Cite them Right' is

an excellent guide to the Harvard and British Standard systems of bibliographical referencing

and avoiding plagiarism. You can access ‘Cite them Right’ at the following URL: nb. you

must be logged with your User ID in to access this document.

https://my.sunderland.ac.uk/mod/uos_learning/graphics/documents/cite.swf

Also see the following document for further referencing guidelines

https://docushare.sunderland.ac.uk/docushare/dsweb/Get/Document-3087/AQH-

K1+Bibliographic+References.pdf

Last Update January 2012 DT

USING THE UNIVERSITY OF SUNDERLAND LIBRARY OFF-CAMPUS

You may access all library services from the My Sunderland website at: https://mysunderland.ac.uk.

There are dedicated web pages for students studying off-campus:

For Off Campus support and guidance on how to make full use of the University of Sunderland

Library Services go to http://library.sunderland.ac.uk/servicesfor/students/overseasstudents/e-

resources/

The library web pages contain information on all of our services and how you can use them to find the

resources you need. University of Sunderland Library webpage has tutorials available at:

http://library.sunderland.ac.uk/servicesfor/students/overseasstudents/tutorials/

The Tutorials include

1. Getting started & obtaining your Athens Account

2. The Library Website: A Quick Guide

3. Athens Accounts Explained

4. Journal Search Tutorial

5. Searching for E-Books

IMPORTANT !: To login to mysunderland you will need a username and password.

Your username is your unique University of Sunderland Student ID by default your

password is set as your date of birth ddmmyyyy

VERY IMPORTANT! Your study centre must provide you with a University of

Sunderland Student I.D. If you do not have a Student I.D. please seek immediate

advice from Your programme coordinator:

Student Coordinator:

Raymond Lee, [email protected]

+65-9796 7042

Last Update January 2012 DT

Registration

You are automatically registered with the library once you have registered for and enrolled on your

programme. You will receive an email to your University Email account (which your study centre will

provide you with) containing your Athens username and password. This will be sent to you within 1

week of your student registration with the University. Your Athens username and password will enable

you to access our great range of electronic resources.

Electronic Resources

From the library website you have access to a range of resources, including electronic journals,

online databases and electronic books.

Journal Articles: use Journal Search to search for and download full text journal articles – you will

need to login to Journal Search with your University User ID and Password.

Electronic Books: Use the Library Catalogue to search for electronic books. When an e-book is

available a link will be provided on the catalogue record. You will need your Athens username and

password.

A quick guide to the library services here

library.sunderland.ac.uk/images/Distance%20Learners-10-11.pdf

What is an Athens Account?

All students at the University of Sunderland are issued with an Athens account and

password. Athens accounts enable you to access the electronic resources that the

University subscribes to and are used when searching external journal databases such

as wwww.sciencedirect.com and www.ingenta.com

Student Email Accounts:

All students at the University of Sunderland are issued with an email account. You

should use this when contacting your tutors, support staff and colleagues. To log into

your account go to https://mail.sunderland.ac.uk/home

As standard your email account is your Student ID number followed by

@student.sunderland.ac.uk

Your password by default is your date of birth

Last Update January 2012 DT

Reading

There are a number of textbooks that will provide valuable background, and you should

search through journals that are available. I have indicated where Ebooks are available

Atherton, T.C. & Atherton, T., 1998. Tourism, travel and hospitality law, LBC Information

Services.

Barth, S.C. & Hayes, D.K., 2008. Hospitality law, John Wiley and Sons. (available as an

ebook)

Boella, M. & Pannett, A., 1999. Principles of Hospitality Law, Cengage Learning EMEA.

Downes, J, Paton, T. 2003. Travel and Tourism Law in the UK, Elm

Morris, K., Cournoyer, N.G. & Marshall, A.G., 2008. Hotel, restaurant, and travel law,

Thomson Delmar Learning.

Poustie 1999. Hospitality and Tourism Law, International Thomson Business Press

Saggerson, A. 2004 Travel Law & Litigation, EMIS Professional Publishing

IMPORTANT: The University of Sunderland subscribes to key tourism journals

including Annals of Tourism Research, Tourism Management and the International

Journal of Hospitality Management. You can search the contents of these Journals at

www.sciencedirect.com. To access and to download articles you will need to use

your ATHENS account.