MTA II (14) :ETHICAL, LEGAL AND REGULATORY ASPECTS OF TOURISM BUSINESS IN INDIA.

MTA II (14) :ETHICAL, LEGAL AND REGULATORY ASPECTS OF TOURISM

BUSINESS IN INDIA.

Module – 1 : Defining ethics and its significance in tourism. Principles and practices in business

ethics. Business compulsions, motivation and ethical parameters.

Module – 2 : Laws relating to accommodation, travels agencies land tour operation sector, Law

land regulations related to airlines and airways, laws related to surface transport. DGCA formalities

for business and recreational flying in India.

Module – 3 : Special permits to restricted areas for foreign tourist in India, restricted area in India

for foreign tourists and related authorities at these places to obtain permits, permits related to

various monasteries and wild life areas and their procedure.

Module – 4 : Law designed for Adventure Tour operation, special permits for rafting, paragliding

heli-skiing and angling. Peak booking formalities, IMF rules for mountain expeditions, cancellation

of permits and bookings.

Module – 5 : Travel Insurance and consumer protection act, International consumer protection acts

in tourism, Evacuation and International insurance business, foreigners act, passport act and visa

extension.

Module1:

•       Ethics :In the simplest term ,the word “ethics” refer to the application of moral principle in the way that we conduct are individual or group behavior.Ethical tourism simply means tourism which benefits people and the environment in different destinations. It can offer a better income to families living in the area, by sourcing products and services locally.

A brand-new role for consumers in the tourism market has emerged from three trends: first, there is a thirst for different and more ‘exciting’ holidays; second, there is a growing realization of the negative impacts of tourism – its clod-hopping footprints in other people’s homes in the deserts, forests, seashores and mountains of the world; and, third, of course is climate change. Ethical tourism has evolved as a term when one considers travelling to, or developing tourism in a destination where ethical issues are the key driver, e.g. social injustice, human rights, animal welfare or the environment. Ethical tourism is geared towards encouraging both the consumer and industry to avoid participation in activities that contribute or support negative ethical issues.

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Importance of Ethics

Most of us would agree that it is ethics in practice that makes sense; just having it carefully drafted and redrafted in books may not serve the purpose. Of course all of us want businesses to be fair, clean and beneficial to the society. For that to happen, organizations need to abide by ethics or rule of law, engage themselves in fair practices and competition; all of which will benefit the consumer, the society and organization.

Primarily it is the individual, the consumer, the employee or the human social unit of the society who benefits from ethics. In addition ethics is important because of the following:

1. Satisfying Basic Human Needs: Being fair, honest and ethical is one the basic human needs. Every employee desires to be such himself and to work for an organization that is fair and ethical in its practices.
2. Creating Credibility: An organization that is believed to be driven by moral values is respected in the society even by those who may have no information about the working and the businesses or an organization. Infosys, for example is perceived as an organization for good corporate governance and social responsibility initiatives. This perception is held far and wide even by those who do not even know what business the organization is into.
3. Uniting People and Leadership: An organization driven by values is revered by its employees also. They are the common thread that brings the employees and the decision makers on a common platform. This goes a long way in aligning behaviors within the organization towards achievement of one common goal or mission.
4. Improving Decision Making: A man’s destiny is the sum total of all the decisions that he/she takes in course of his life. The same holds true for organizations. Decisions are driven by values. For example an organization that does not value competition will be fierce in its operations aiming to wipe out its competitors and establish a monopoly in the market.
5. Long Term Gains: Organizations guided by ethics and values are profitable in the long run, though in the short run they may seem to lose money. Tata group, one of the largest business conglomerates in India was seen on the verge of decline at the beginning of 1990’s, which soon turned out to be otherwise. The same company’s Tata NANO car was predicted as a failure, and failed to do well but the same is picking up fast now.
6. Securing the Society: Often ethics succeeds law in safeguarding the society. The law machinery is often found acting as a mute spectator, unable to save the society and the environment. Technology, for example is growing at such a fast pace that the by the time law comes up with a regulation we have a newer technology with new threats replacing the older one. Lawyers and public interest litigations may not help a great deal but ethics can.

Ethics tries to create a sense of right and wrong in the organizations and often when the law fails, it is the ethics that may stop organizations from harming the society or environment.

•       Principles in business ethics

Business ethics is a wider term that includes many other sub ethics that are relevant to the respective field. For example there is marketing ethics for marketing, ethics in HR for Human resource department and the like. Business ethics in itself is a part of applied ethics; the latter takes care of ethical questions in the technical, social, legal and business ethics.

1. HONESTY. Be honest in all communications and actions. Ethical executives are, above all, worthy of trust and honesty is the cornerstone of trust.  They are not only truthful, they are candid and forthright. Ethical executives do not deliberately mislead or deceive others by misrepresentations, overstatements, partial truths, selective omissions, or any other means and when trust requires it they supply relevant information and correct misapprehensions of fact.

2. INTEGRITY. Maintain personal integrity. Ethical executives earn the trust of others through personal integrity. Integrity refers to a wholeness of character demonstrated by consistency between thoughts, words and actions. Maintaining integrity often requires moral courage, the inner strength to do the right thing  even when it may cost more than they want to pay. The live by ethical principles despite great pressure to do otherwise. Ethical executives are principled, honorable, upright and scrupulous. They fight for their beliefs and do not sacrifice principle for expediency.

3. PROMISE-KEEPING. Keep promises and fulfill commitments. Ethical executives can be trusted because they make every reasonable effort to fulfill the letter and spirit of their promises and commitments. They do not interpret agreements in an unreasonably technical or legalistic manner in order to rationalize non-compliance or create justifications for escaping their commitments.

4. LOYALTY. Be loyal within the framework of other ethical principles. Ethical executives justify trust by being loyal to their organization and the people they work with. Ethical executives place a high value on protecting and advancing the lawful and legitimate interests of their companies and their colleagues. They do not, however, put their loyalty above other ethical principles or use loyalty to others as an excuse for unprincipled conduct.  Ethical executives demonstrate loyalty by safeguarding their ability to make independent professional judgments. They avoid conflicts of interest and they do not use or disclose information learned in confidence for personal advantage.  If they decide to accept other employment, ethical executives provide reasonable notice, respect the proprietary information of their former employer, and refuse to engage in any activities that take undue advantage of their previous positions.

5. FAIRNESS. Strive to be fair and just in all dealings. Ethical executives are fundamentally committed to fairness.  They do not exercise power arbitrarily nor do they use overreaching or indecent means to gain or maintain any advantage nor take undue advantage of another’s mistakes or difficulties. Ethical executives manifest a commitment to justice, the equal treatment of individuals, tolerance for and acceptance of diversity. They are open-minded; willing to admit they are wrong and, where appropriate, they change their positions and beliefs.

6. CARING. Demonstrate compassion and a genuine concern for the well-being  of others. Ethical executives are caring, compassionate, benevolent and kind. They understand the concept of stakeholders (those who have a stake in a decision because they are affected by it) and they  always consider the business, financial and emotional consequences of their actions on all stakeholders. Ethical executives seek to accomplish their business objectives in a manner that causes the least harm and the greatest positive good.

7. RESPECT FOR OTHERS. Treat everyone with respect. Ethical executives demonstrate respect for the human dignity, autonomy, privacy, rights, and interests of all those who have a stake in their decisions; they are courteous and treat all people with equal respect and dignity regardless of sex, race or national origin. Ethical executives adhere to the Golden Rule, striving to treat others the way they would like to be treated.

8. LAW ABIDING. Obey the law. Ethical executives abide by laws, rules and regulations relating to their business activities.

9. COMMITMENT TO EXCELLENCE. Pursue excellence all the time in all things. Ethical executives pursue excellence in performing their duties, are well-informed and prepared, and constantly endeavor to increase their proficiency in all areas of responsibility.

10. LEADERSHIP. Exemplify honor and ethics. Ethical executives are conscious of the responsibilities and opportunities of their position of leadership and seek to be positive ethical role models by their own conduct and by helping to create an environment in which principled reasoning and ethical decision making are highly prized.

11. REPUTATION AND MORALE. Build and protect and build the company’s good reputation and the morale of it’s employees.  Ethical executives understand the importance of their own and their company’s reputation as well as the importance of the pride and good morale of employees. Thus, they avoid words or actions that that might undermine respect and they take affirmative steps  to correct or prevent inappropriate conduct of others.

12. ACCOUNTABILITY. Be accountable. Ethical executives acknowledge and accept personal accountability for the ethical quality of their decisions and omissions to themselves, their colleagues, their companies, and their communities.

Motivation:

Ethical Motivation Ethical Motivation Ethical Motivation involves prioritizing ethical action over other goals and needs. This component is influenced by categories in Ethical Sensitivity. Outline of Skills

EM-1: RESPECTING OTHERS Respect for persons stems from the belief that other persons have value and thus have certain rights. Believing that people have rights based on their value will lead to greater motivation to follow the established rules of conduct, show civility, become trustworthy, and show respect for creation. Valuing and respecting others involves ethical sensitivity.

EM-2: DEVELOPING CONSCIENCE Having a sense of conscience involves an understanding that one’s actions can have negative effects on another person or persons. Self command, temperance and increased self-awareness with regard to needs and feelings is essential here. It is this empathic understanding that leads the motivation to control potentially harmful impulses.

 EM-3: ACTING RESPONSIBLY Acting responsibly is a desire to uphold all the possible ethical obligations one may have with conscientiousness. One’s ethical obligation can be perceived as either an explicit or implicit social contract. At a more advanced level acting responsibly involves evaluating one’s action to assess whether the list of obligations, including stewardship and global citizenship, is complete and whether or not the obligations have been met satisfactorily. 

EM-4: HELPING OTHERS Helping others can be termed care-based action, or the assistance one provides to another person or group. Helpfulness can be either proactive or reactive, focus on the future or present, promote positive experiences or mitigate troubling ones. Sharing resources, mentoring, and choosing service are each subskills of helping others. 

EM-5: MAKING PEACE AND COOPERATING Peace-making/cooperation is the motivation to promote and maintain social harmony, through the valuing and supporting of others. Included in peacemaking and cooperating is gratitude. It goes beyond conflict resolution to a fostering, where necessary, of reconciliation, gratitude and hope. 

EM-6: VALUING TRADITIONS AND INSTITUTIONS Having a positive outlook about existing traditions and institutions drives responsible citizenship and may influence the attitude the student has toward helping others, as well as influence the students’ comfort level in seeking assistance from social structures outside the family (e.g., community programs). Practicing democracy is a means by which one learns to value traditions and institutions.

EM-7: DEVELOPING ETHICAL IDENTITY AND INTEGRITY Ethical identity is the perception one has of oneself as an ethical agent. It involves respecting oneself, as well as a positive identification with an ethical role model in order to create a positive ethical identity. Ethical identity is believed to be a motivating force for ethical action, as the person attempts to match his or her ethical self-concept with his or her action. Ultimately, reaching one’s potential is the ultimate goal.

Module2:

Accommodation laws:

Keeping Customers Safe

Food safety laws play a major role in the hospitality industry, and knowledge about how to clean and store food can keep your customers safe and help your business avoid lawsuits and fines. Other safety laws include the Hotel and Motel Fire Safety Act, which maintains a list of hotels that meet minimum fire safety guidelines. If your hotel follows these guidelines, federal employees can stay at your business, increasing your customer base, and customers can rest easy knowing that your hotel is invested in keeping them safe in the event of a fire.

Protecting Your Reputation

Knowledge of hospitality laws protects your business's reputation. For example, hotels have to provide access to disabled patrons, and if your business fails to comply, you could face lawsuits, protests and negative publicity. Similarly, discriminating against people on the basis of sex, race, religion, disability status or age can draw unwanted negative attention. Staff members should understand what constitutes discrimination and should be aware of their legal obligation to respect diverse workers.

Honoring Agreements and Fair Marketing

Workers in the hospitality industry may be members of unions, and some unions have specific agreements with employers governing wages, working conditions and benefits. Your staff needs to honor these agreements, as well as any contracts you've signed with customers, vendors and contractors. Similarly, hotels must adopt fair and honest marketing practices. Deceptive marketing is illegal. For example, if you advertise one price, then an employee refuses to offer that price to a patron, you could be sued for deceptive marketing.

Proper Record-Keeping

Hospitality businesses have to maintain a variety of records, including tip sheets indicating the tips employees receive at tip-out, employment agreements and payroll tax paperwork. Employees who know and understand the law can keep more accurate records and will be less likely to throw away important documentation. Without proper record-keeping, your business could get into trouble with a variety of governmental agencies, over or underpay employees and lose important tax deductions.

Laws governing Hotel Industry

The laws that govern the Hotel Industry can be classified into the following broad categories.

 Establishment and Commissioning of Hotels

The first head of laws that govern the hotel industry include the laws regarding commissioning and construction of hotels, restaurants, guest houses and other establishments of such kind. These laws also include laws such as Foreign Exchange Management Act, Industrial Licensing Policies, and land laws, etc. Hotel insurance policies, especially the customized ones can fulfil the growing needs of the hotel industry. It can cover all its establishments ranging from spa to guest houses and apartments, bed and breakfasts, etc. Other insurance policies such as the standard insurance policy would cover risks and damages arising from accidents, fire, natural calamity, etc.

 The operation, management, and maintenance of Hotel Industry

The second head of laws that govern the working of hotel industry is related to matters such as management, maintenance and the operational activities of hotels. Such laws include insurance laws, laws regarding safety and security of workers, food and hygiene standards, obtaining licenses, Food and Drug Administration Act, Shops and Establishment Act, etc. For example, Acts such as the Food Adulteration Act would prohibit the sale of substandard food items thereby protecting the customers from the potential harm caused by poisonous food and protecting their interest by eliminating the fraudulent practices. The Food Safety and Standards Act would set up criteria for manufacture, storage, distribution and sale and trade of food substances so that they remain fit for human consumption for a considerable period. The Legal Metrology Act would regulate the use of standards of weights and measures. The Copyright Act would protect the rights relating to expression in the form of literature, drama, music, art or architectural works. In fact, hotels are required to take such copyright licenses before they organize any event such as plays or musical shows, etc.

Taxation, Employment, and Contracts in Hotel Industry

The third set of laws that govern the working of a hotel are related to the contracts that it enters into with other enterprises or employment contracts, for example, the Apprentice Act, Employees State Insurance Act, etc. These laws also include the manner in which such entities are taxed. Taxes may include income tax, service tax, expenditure tax, excise duty, luxury tax, entertainment tax, value added tax, etc. Legislations such as the Shops and Establishment Act or the Employees State Insurance Act would aim at regulating the relationship between employers and employees in the hotel. The former would lay certain statutory obligations on the employers in matters related to wages, work hours, holidays, paid leaves, provision for payment for overtime work, etc. The latter is a social security scheme that would mandate the employers to protect the interest of the workers in times of contingencies such as sickness, maternity leaves, physical impairment or injuries occurring from the workplace, subsequent medical care. The Provident Fund Act mandates the creation of provident fund schemes for the employees. The Apprentices Act shall govern the working of apprentices in the Hotel Industry.

Other laws governing Hotel Industry

Other laws that may govern the working of hotels may include local law norms or other local land norms or guidelines issued by the tourism industry such as approval of hotels at project stage and classification & reclassification of hotels, guidelines for classification of heritage hotels, Time Share Resorts (TSR), Stand Alone Restaurants, guidelines for apartment hotels, guidelines for approval of guest houses, Hospitality Development and Promotion Board, implementing a transparent system for the effective monitoring of hotel projects, ensuring timely accrual of approvals / clearances / NOCs by the multiple agencies and facilitating the implementation of hotel projects, expeditious clearances, etc. will enable completion of hotel projects in time leading to enhancement of room availability for the tourists.

Hotel & Restaurant Approval & Classification Committee

The Hotel and Restaurant Approval & Classification Committee inspects and assesses the hotels based on the kind of facilities that they provide. The two categories of hotels that they inspect are first, hotel projects that are approved at the implementation stage and secondly, the operational hotels which are classified into various categories. About the former, the Ministry of Tourism after certain documentation provides project approvals that shall remain valid for five years. Once the hotel reaches its operative stage, the approval ceases to exist within three months. The respective hotel must apply for the classification during these three months. Once the classification is obtained, it becomes valid for 5 years.

Module3:

Protected area:

Under the Foreigners (Protected Areas) Order, 1958, all areas falling between the ‘Inner line’, as defined in the said order, and the International Border of the State have been declared as a Protected Area. Currently, Protected Areas are located in the following States: -

(i) Whole of Arunachal Pradesh

(ii) Parts of Himachal Pradesh

(iii) Parts of Jammu & Kashmir

(iv) Whole of Manipur

(v) Whole of Mizoram

(vi) Whole of Nagaland

(vii) Parts of Rajasthan

(viii) Whole of Sikkim (partly in Protected Area and partly inRestricted Area)

(ix) Parts of Uttarakhand

However, as per the Circular dated 30.12.2010 issued by the Ministry of Home Affairs, the entire area of the States of Manipur, Mizoram and Nagaland has been excluded from the Protected Area regime notified under the Foreigners (Protected Areas) Order 1958, initially for a period of one year w.e.f. 1.1.2011, subject to the following conditions:-

(i) Citizens of Afghanistan, China, Pakistan and foreign nationals having their origin in these countries would continue to require prior approval of the Ministry of Home Affairs before their visit to the States of Manipur, Mizoram and Nagaland.

(ii) Citizens of Myanmar visiting the States of Manipur, Mizoram and Nagaland beyond 16 Kms from the Indo- Myanmar border would continue to require prior approval of the Ministry of Home Affairs for visiting these States.

(iii) All foreigners visiting these States will register themselves with the Foreigners Registration Officer (FRO) of the District they visit within 24 hours of their arrival.

Under the Foreigners (Restricted) Areas Order, 1963, the following areas have been declared as `Restricted’ Areas :-

(i) Andaman & Nicobar Islands - Entire Union Territory

(ii) Sikkim - Part of the State

A foreign national is not normally allowed to visit a Protected / Restricted Area unless it is established to the satisfaction of the Government that there are extra-ordinary reasons to justify such a visit. Every foreigner, except a citizen of Bhutan, who desires to enter and stay in a Protected or Restricted Area, is required to obtain a special permit from a competent authority delegated with powers to issue such a special permit to a foreigner, on application.In cases where the powers have not been delegated to any subordinate authority by the Government of India, the application for special permit should be referred to the Ministry of Home Affairs for prior approval, at least eight weeks before the date of the expected visit.

With a view to promote tourism, some areas (notified by the Government of India from time to time) can be visited by foreign tourists, either in groups, or as a couple in the case of a husband and wife, or by individuals, after obtaining the necessary permit from the

competent authority. Necessary powers have been delegated to various authorities to issue the special permit, without the prior approval of the Ministry of Home Affairs, to facilitate foreign tourists subject to the following exceptions:

(i) Special instructions applicable to foreign diplomats and members of the United Nations and International Organisations holding Diplomatic / Official Passport are issued by the Ministry of External Affairs.

(ii) Citizens of Afghanistan, China and Pakistan and foreign nationals of Pakistani origin, shall not be issued a special permit without the prior approval of the Ministry of Home

Affairs.

specific instructions to be followed by PAP/RAP holders

1. The permit is valid for group tourists consisting of two ormore persons only.

2. The permit is valid for the specific tourist circuit/routeand the specific entry / exit point. No area other thanthe ones indicated in the permit shall be visited.

3. The permit holder must keep sufficient number ofphotocopies of the permit as he/she may be required todeposit a copy at each point of entry/exit.

4.The permit holder shall not stay in therestricted/protected area after the expiry of the permit.

5. A foreigner must enter/exit the North-Eastern States byair only.

6. A foreigner can travel within the North Eastern statesthrough the National Highways or by air. While travellingby road, the tour should be undertaken largely throughthe National Highways. Where the places to be visitedare situated on a National Highway, no other roadshould be utilised. In cases where the places, whichare to be visited, are not on a National Highway, thetour should be undertaken in such a way that themaximum distance is travelled on a National Highway,restricting the utilisation of other road routes to theminimum.

What is the procedure for grant of Protected Area/Restricted Area Permit:

(1) Foreign nationals coming as Group Tourists may submit anapplication for the grant of Protected/Restricted Area Permit tothe Indian Mission in their country before coming to India. TheIndian Mission may grant the Permit after due scrutiny, keepingin view the instructions issued by the Ministry of Home Affairsin this regard. However, the Missions shall refer cases whichare not covered by the powers delegated to them, for grant of

Protected/ Restricted Area Permit, to the Ministry of HomeAffairs for prior clearance.

(2) If foreign nationals, who are already in the country, desire tovisit any area covered by the Protected /Restricted Area regimeas group tourists, they should submit the requisite applicationto any of the authorities to whom the powers to issue such aspecial permit have been delegated. However, cases whichare not covered by the powers delegated to the StateGovernments, or to the subordinate authorities, shall bereferred to the Ministry of Home Affairs, with therecommendation of the State Government, for prior clearance.

(3) In all cases received directly in the Ministry of Home Affairs for grant of Protected or Restricted Area Permit, the requisiteclearance would be conveyed by the Ministry of Home Affairsonly after obtaining the recommendations of the StateGovernment concerned.

(4) In all cases relating to grant of PAP/RAP for an individualforeign tourist, the proposal would require prior clearance fromthe Ministry of Home Affairs. The requisite clearance would beconveyed by MHA only on the basis of the recommendation ofthe State Government concerned.

Module 4:

ATO:

An ATO is the one who is engaged in activities related to Adventure Tourism in India namely, water sports, aero sports, mountaineering, trekking and safaries of various kinds, etc. In addition to that he may also make arrangements for transport, accommodation, etc.

GENERAL GUIDELINES FOR ALL ADVENTURE SPORTS

1 Every group of persons taking part in adventure sports must be accompanied by a person designated as a “leader”.

2 “Leaders” must possess appropriate qualification and skills as indicated in relevant chapters of this document.

3 Every person joining a group engaged in adventure sports must receive an introductory training and leaders should be satisfied that they have acquired the skills necessary to participate.

4 Leaders should have a first aid certification and must be competent to impart first aid training in the use of stretchers.

5 Leaders should be familiar with search procedures and should brief all group members in these procedures.

6 All group members must be familiar with the use of radios where these are being used.

7 Leaders should be familiar with helicopter operations, know how to approach a helicopter and procedures for being winched up and down.

8 Leaders should be proficient in the use of maps and compasses in any weather by day or night.

9 Leaders should be satisfied that all members are medically fit to take part in the adventure sports.

10 Leaders should satisfy themselves that equipment to be used meets all the safety norms for each adventure sport; all inspections have been carried out as recommended by the manufacturer and is fit for use.

11 Under no circumstances should the capacity rated by the manufacturer of adventure sports equipment be exceeded, any unauthorized modifications except as additional safety measures be carried out or sub standard material used.

12 Information regarding nature of activity, area of operation, period of activity, possible hazards, persons to be contacted in an emergency and list of members should be given to the concerned safety and rescue committees.

13 Suitable hand held devices with graded distress signal capabilities should be made available to adventure tourist groups at suitable prices when available in India.

14 A qualified Doctor should be available on call

15 Communication facilities such as Mobile Telephone / Walkie - Talkie etc. should be available.

GUIDELINES FOR WATER SPORTS

1 All leaders or guides must possess a valid certificate or license from a recognized institution or association. They should have an adequate experience in the concerned sport.

2 All leaders and guides must be good swimmers and should be well trained in water rescue techniques, first-aid & CPR (Cardio pulmonary resuscitation).

3 A rescue craft should always be in sight or in radio contact of the persons or group engaged in water sports. The rescue craft could be powered or un - powered according to requirements of the sport but it must have a first aid kit, spare life jackets and throw lines/rescue bags. For river sports, a minimum of two crafts (i.e. two rafts or a raft and one/two safety/rescue kayaks is a must.

4 All participants should wear suitable buoyancy aids and where necessary protective headgear. Helmets are a must for river sports.

5 In water sports, where there is a possibility of being thrown in the water, all participants should be swimmers.

6 All equipment should be inspected by a competent person or the manufacturer once every season or six months, whichever is less.

7 A log book should be maintained for each craft, which should be a record of usage, inspection, repairs and modifications. A river logbook must be maintained be maintained for river rafting operations.

8 All craft which are away from the base of operations should carry a first-aid kit, emergency equipment and repair kit. They should, where appropriate, carry navigational equipment.

9 All craft should display of the list of minimum equipment and accessories as recommended by the manufacturer.

10 The capacity rating of the craft should be prominently displayed so as to be visible to the users along with a warning of potential hazards.

11 No person should be allowed to participate under the influence of illicit drugs or alcohol.

12 Incidents and accidents should be immediately reported to the concerned safety committee.

13 Medical concerns: Those suffering from any serious medical conditions such as a weak heart, epilepsy, back / spinal problems (such as slip disc) & expecting mothers should not be allowed to participate in river sports/adventure sports such as scuba diving etc.

14 Age limit: The age limit for water sports should be prominently displayed in all literature and also base of operations. For river sports, the age limit is: 14 years & above for all sections, 10 years and above on float trips (grade II). Based on the river section/conditions, this can be relaxed by 1 or 2 years by the trip leader.

15 A liability waiver should be signed by the client prior to the river trip. This should clearly mention the inherent risks involved in the sport.

16 For river sports, life jackets must be on at all times while on the river. The life-jackets must be fastened properly and have a minimum buoyancy of 8-9 kgs. Appropriate life-jackets should be used. Inflatable life-jackets should not be used on the river.

IMF rules

BASIC MINIMUM STANDARDS FOR MOUNTAINEERING

MOUNTAINEERING IS AN ACTIVITY FOR WHICH INDIAN MOUNTAINEERING FOUNDATION (IMF) THROUGH POWERS VESTED IN IT BY THE GOVERNMENT OF INDIA, LOOKS AFTER MOUNTAINEERING AND ALLIED SPORTS IN INDIA.

1.1 Mountaineering is an activity for which Indian Mountaineering Foundation (IMF) through powers vested in it by the Government of India, looks after mountaineering and allied sports in India. All tour operators must keep abreast of the guidelines given by IMF from time to time. These Basic Minimum Standards will apply specifically to commercial expeditions attempting 6000m or other comparable peaks.

GUIDES/INSTRUCTORS

1.2 Lead guides and instructors who are leading mountaineering activities should, as a minimum, hold valid certificates for the following;

a) A minimum 16 hour (2 day) first aid course provided by a recognised and qualified provider.

b) The Advance Mountaineering Course and preferably also Method of Instruction and Search and Rescue from any of the National Mountaineering Institutes and carry a certificate duly authenticated by an IMF recognized body OR MOT accredited tour operator stating that the individual “has experience of 3 years in assisting mountaineering expeditions at altitudes of 6000m and above and is independently capable of guiding mountaineering groups and carrying out rescue operations”.

Maintain a log book containing authenticated records of mountaineering experience .

EQUIPMENT

1.3 The correct use and proper maintenance of climbing equipment is essential for conducting mountaineering activities and should be taken very seriously.

1.4 Equipment, specially safety equipment should be certified and approved by an international body like CE or UIAA.

1.5 Ropes – There are many different types of ropes. The operator and leader must have a sound knowledge of specifically designed rope, including types and applications. Climbing rope comes in different diameters and specifications but the basics are dynamic, semi static and static. A safe working load of 25KN (2.5 tons) and CE approval is the internationally recognised standard for climbing rope. Ropes of Indian manufacturers should be avoided unless they are duly certified.

1.6 Hardware (karabiners, belay devices etc.) – There is a wide range of climbing aids and devices and the operator and instructor must have a complete and sound knowledge of their applications including which devices are necessary to conduct mountaineering activities safely. These devices are also a “link” in the safety chain. As per all other climbing equipment items a safe working load of 25KN (2.5 tons) and CE approval is the internationally recognised standard for climbing hardware and devices. Belay device like stitch plates and girigiri and belay techniques are changing every year. One must keep abreast of latest climbing and belay standards in practice around the world.

1.7 All equipment is subject to wear and tear and must be checked before every use. Incorrect storage, use and monitoring of rated and approved equipment is usually the cause of equipment failure. Operators and leaders must have a sound knowledge of this and have systems in place in order to control and manage their equipment. Maintaining equipment logs that are current and equipment specific is a recommended exercise.
Inspection and maintenance procedures

1.8 Inspections and maintenance require a sound knowledge of the systems and equipment themselves and therefore must be carried out by qualified persons as a minimum the inspector must be qualified to be a guide/instructor. Basic inspections must be carried out before every use with complete and detailed inspections carried out on a regular basis in accordance with their operations procedures and risk assessments.

1.9 All Mountaineering Tour Operators must maintain and update a Standard Operating Procedure for their operations and get the same vetted from IMF from time to time.

1.10 Besides covering the methodologies that are adopted by the agency in organizing the expedition, such as assessing of members qualification, medical condition and experience, procedures for obtaining of various permissions, travel to the mountain, maintenance of base camp including hygiene, avoidance of high altitude sickness, safety precautions, communication, weather reports, procedure for emergencies, casualty evacuation, incident and accident reporting, feedback mechanism the following must be included in the SOPS:

a) The guiding and porter staff on the mountain and the material supplied must be adequate for the aims of the party and stated level of service offered.

b) An experienced doctor in the party is desirable but at the very least advance arrangements must be known for medical help. Advance arrangements must also be made for evacuation assistance in case of emergency.

c) Advertising must give a true picture of all the difficulties and dangers involved, and avoid promising the impossible. If an expedition is commercially launched by an operator, then the Biographical information about the guiding team should be included.

d) The client must truthfully reveal his experience, supported by documentation/photograph, medical history etc to the organizer so that the organizer can make an informed choice about the potential client.

e) Information supplied in advance will include a clear statement of the guiding, porterage and equipment which will be supplied by the organizer, together with details of the clothing and equipment to be supplied by the client. This is not in context of the operators assisting expeditions with logistics alone.

In case the expedition is organized by an overseas adventure tour operator then the Indian operator duly recognized by I.M.F. must ensure that he above points are complied with.

DOCUMENTATION

1.11 The tour operator must maintain, at the minimum the following documentation:

a) Details of all Guides and Instructors including, copies of certifications, record of expedition experience and feedback from clients.

b) Copies of all Permits and Permissions of current expeditions.

c) Copies of identification documents, Insurance cover and details of next of kin for all participants, guides and instructors.\

d) Copy of SOP.

e) Current list of emergency contact numbers

f) Copy of insurance document of the client with Indian contact in case of emergency.

RISK MITIGATION

1.12 In order to mitigate the risk of high altitude, the following is advised:

a) To get participants medically examined before starting on the journey.

b) To ensure that at least one or two members of the expedition have experience of high altitude climbing.

c) To provide wireless sets or take on hire from IMF, for communication between camps on the mountain and the base camp.

d) To bring radio receiving sets in case weather forecasts by the All India Radio are required to be arranged by the IMF.

e) To ensure that environment safeguards are implemented in their programme so that the area and peak visited by them suffers no damage, and is left clean for subsequent expeditions.

EMERGENCIES AND RESCUES

1.13 In addition;

a) Adequate first aid medical equipment must be available on site

b) Evacuation routes must identified and known to participants, guides and instructors.

c) A detailed and documented evacuation/emergency procedure must be available at the base camp along with closest available emergency services which can be called upon as required

module5:

The Consumer Protection Act for the Tourism Industry

The Consumer Protection Act is in effect as of 1 April 2011 and is expected to change the South African business landscape including the tourism and travel industry. We have filtered out some of the more relevant points for our readers and clients in the travel industry.Government has set out “To promote a fair, accessible

and sustainable marketplace for consumer products…” The regulations are knit around these 9 fundamental consumer rights:Government is laying down new rules with the CPA

1. Right to Equality in the Consumer Market and Protection Against Discriminatory Marketing Practices
2. Right to Privacy
3. Right to Choose
4. Right to Disclosure of Information
5. Right to Fair and Responsible Marketing
6. Right to Fair and Honest Dealing
7. Right to Fair, Just and Reasonable Terms and Conditions
8. Right to Fair Value, Good Quality and Safety
9. Right to Accountability from Suppliers

The extent and exact interpretation of the CPA remain to be seen, but one thing is certain: if your business is out of line you need to act now.

Important New Rules for the Tourism Industry

Establishment cancellations and double bookings: If you cancel a booking with a guest, she can claim accommodation of equal or better standard from you and you will have to pay the difference in price. The only exceptions from this rule are incidents beyond your control preventing you from providing accommodation. FYI: Double bookings by airlines are prevented by the CPA as well.

Descriptions of facilities: Descriptions of the services and facilities you offer need to be accurate. So if the picture in the breakfast menu shows three rashers of bacon on the plate or your room description promises a king size bed that’s what your guests should get.

Prices must be as advertised: The prices you advertise can now be claimed by consumers. So if you have last season’s prices on your website or in your brochure you should update them quickly.

Cancellation policy: Consumers have the right to cancel advance reservations, bookings or orders at any time. However the supplier is entitled to take an advanced deposit or impose a reasonable charge for the cancellation. Your cancellation policy needs to be clear and understandable to the average consumer.

Expired contracts: The consumer needs to be informed of an expiring contract not more than 80 business days, but no less than 40 business days before the expiry date. If the contract is not renewed it continues on a month-to-month basis. Consumers can cancel contracts at any time with 20 business days notice. Fixed term agreements are no longer than 24 months in duration.

Records: Records of bookings, invoices, quotes and the like need to be kept for at least 5 years.

Disclaimers: The consumer’s rights cannot be affected by accepting your business offer.

Guest safety: Establishments will be responsible for the guest’s safety. Guests have to be warned about any unusual risks or hazards.

Staff: You are responsible if any of your employees act in disagreement with the CPA, exempting criminal acts.

Marketing

Email and SMS marketing: Every form of direct marketing needs an unsubscribe or opt out option. If someone opts out that is where your direct marketing ends. Consumers will also have the option to join a National Opt-Out Registry and you will need to cross check your databases with this registry.

Referral marketing: Referrals are still legal, but they can no longer be awarded with benefits. You can ask your clients to refer you, but you are not allowed to offer anything in return.

Cooling off period: Any goods or services purchased as an effect of direct marketing give the consumer the right to a cooling off period of 5 business days in which the transaction can be cancelled without a reason

Medical Evacuation and Repatriation Insurance

In the event of an accident or if the need for urgent medical attention arises overseas, Clements' Medical Evacuation & Repatriation insurance policy will provide transport coverage to the nearest capable medical facility in case a local medical center is not able to provide adequate treatment. The policy ensures that you will be able to receive the best possible medical treatment while covering medical evacuation costs.

There are several situations where international medical evacuation insurance and repatriation coverage is essential:

·         When a person is admitted to a hospital that doesn't have the necessary treatment available, he/she will be transferred to another hospital with a proper facility that will provide treatment  

·         When a person's medical condition requires immediate transportation to the closest medical facility for treatment

·         When a family member needs to be brought into the country to attend to the sick or injured, known as emergency reunion coverage, which covers flight, meal, room and board

·         When a person has passed away while abroad and remains need to be returned to their home country

Foreigners act

The Act defines a foreigner as a person who is not a citizen of India. Section 9 of the Act states that, where the nationality of a person is not evident as per preceding section 8, the onus of proving whether a person is a foreigner or not, shall lie upon such person.

According to the Foreigners (Report to the police) Order, 2001, made under the Foreigners Act 1946, where any person who has reason to believe that a foreigner has entered India without valid documents or is staying in India beyond the authorized period of stay accommodates such foreigner in a premises occupied, owned or controlled by him, for whatever purpose, it shall be the duty of such person to inform the nearest police station, within 24 hours, of the presence of such foreigner.

Foreigners Act empowers the Indian administration to detain a person until he/she is deported back to his/her own country.

Passport act:

The Passports Act is an act of the Parliament of India "for the issue of passports and travel documents, to regulate the departure from India of citizens of India and for other persons and for matters incidental or ancillary thereto." The Act applies to whole of Indiaextending to citizens of India living outside the country. The Act replaced the Indian Passport Ordinance 1967 and was enacted by Act 15 of 1967 with retrospective effect from 5 May 1967. The act describes the procedures in getting an Indian passport.

In conformity with Article 9 of Indian Constitution, the Act does not allow dual citizenship. Under Section 12 of the Act, a person must surrender his passport if he has acquired the citizenship of foreign country.

Extension requirements for foreign national:

Foreigners must submit application for extension of   residential permit / visa at least 60 days before the date of expiry of respective residential permit/visa .

Over stay:

In the event of overstay foreigner is liable for prosecution under Foreigners Act 1946 and imprisonment up to 5 years with fine & expulsion from India.

Late Renewal of Residential Permit:

A foreigner who has delayed for renewal of RP, on application, if delay is  condoned will be charged a penalty in Indian currency equivalent to US $30/- for late renewal.

Report of absence from Registered Address

If at any time a foreigner proposes to be absent from his / her   registered address for a continuous period of eight weeks or more or change his / her registered address then the foreigner is required to inform in person or through an authorized representative or by registered post to his / her Registration Officer of his / her intention to change his registered address or to leave either temporarily or permanently the jurisdiction of the Registration Officer. In case of return, the foreigner should inform the Registration Officer of the date of return and in case the foreigner is moving away inform the change of address. Any changes made subsequently should also be intimated to the Registration Officer. Every foreigner, who stays for a period of more than eight weeks at any place in any district other than the district in which his / her registered address is situated, shall inform the Registration Officer of that district of his / her presence. This can be made in writing and the requirements deemed to have been fulfilled if, prior to arrival the foreigner furnishes to the Registration Officer of the said district intimating the dates of his proposed arrival and departure from the district

Change in Registered address:

A foreigner shall be deemed to have changed his registered address, if he  changes his residence from one place to another place in India and if having no residence, he leaves his registered  address knowing that he is not likely to return within six months of leaving it.

Reports of other changes except address

Every foreigner is required to furnish to the Registration Officer of the district in which his registered address is situated, particulars of any circumstances affecting in any manner  the accuracy of the particulars recorded in his certificate of registration within fourteen days after the circumstance has occurred, and generally shall provide to the Registration Officer all information as may be  necessary for maintaining the accuracy of the certificate.

 Surrender of certificates of registration on departure :

Every foreigner who is about to depart finally from  India shall surrender his certificate of registration either to the Registration Officer of the place where he is  registered or of the place from where he intends to depart or to the Immigration Officer at the Port/Check post of exit at the time of final departure from India. If the certificate is surrendered other than to the Immigration Officer of the port or check post of exit, a receipt indicating such surrender of the document may be obtained and  shown to the Immigration Officer at the time of final departure

 Duplicate certificate of registration:

If any certificate of registration, issued under existing Acts / Rules is  lost or destroyed, the foreigner to whom it was issued, shall make or send to the Registration Officer of the district  of his registered address a report of circumstances in which it was so lost or destroyed along with an application in  writing and a copy of police report in order to issue a duplicate copy of the certificate of registration.