Have you ever arrived at a hotel, reservation in hand, only to discover that the hotel gave away your accessible room? Or worse yet, been told by a reservation agent that they cannot reserve a specific accessible room for you? It’s not only frustrating, but it’s also illegal in the US under the Americans with Disabilities Act (ADA). But unfortunately it does happen. With that in mind, here’s what you need to know about the law, so you can be a more effective-self advocate.
Block That Room!
As of March 15, 2012, US hotels are required to block accessible guest rooms upon reservation. Blocking means that the property reserves a particular room for a particular guest on a particular date. It’s important to note that a block is not the same thing as a guarantee. A block takes a particular room out of inventory, while a guarantee only refers to the room rate. These regulations are contained in 28 CFR 36.302 (e) (1) in Title III of the ADA (ada.gov/law-and-regs/regulations/title-iii-regulations/#-36302-modifications-in-policies-practices-or-procedures).
Most properties have modern reservation systems that can identify the accessible rooms, and note their features — such as a roll-in shower — so it’s relatively easy to book a specific accessible room online. U.S. properties must also make sure that guests can reserve accessible rooms in the same manner that they can reserve non-accessible rooms. In other words, if you can reserve a non-accessible room on a particular website at midnight, you should also be able to reserve an accessible room in the same manner.
Unfortunately not all properties have their accessible room inventory online or have the ability to block accessible rooms. If you try to reserve a specific accessible room, and the reservation agent says they can’t guarantee that you will get that specific room, then ask to speak to the manager. Then explain your problem and remind the manager that the ADA requires properties to block accessible rooms upon reservation. This will usually get the desired results.
If, on the other hand, the manager doesn’t back down, it’s time to try another property. Frankly if management doesn’t care about access, then it’s highly unlikely that you will even get any type of an accessible room when you arrive. Find another hotel, and then follow through with an ADA Complaint on the first property.
File an ADA Complaint
So when should you file an ADA complaint? Well most definitely file one if a property ever tells you that they can’t block a specific accessible room for you. It’s easy to file an ADA complaint — the form is online at civilrights.justice.gov/report. Make sure and take notes when the event is fresh in your mind, and jot down the names of the people that you dealt with.
It’s also appropriate to file an ADA complaint if you can reserve a standard room on the property website, but are unable to reserve an accessible room there. It’s important to note that you won’t get any compensation as a result of these complaints; however the Depart of Justice may fine the property or require them to update their website or reservation system. In the long run, it will help make things more accessible.
Finally, if you arrive at a property only to find that the hotel gave away your accessible room, you should absolutely file an ADA complaint. The property is also required to find you a comparable room at another property at the same rate. The hotel must pay the difference if the rate at the other property is higher. That doesn’t let them off as far as the Department of Justice is concerned though — take notes and file that ADA complaint when you get home.
Barrier-Free Travel Glacier, Yellowstone and Grand Teton National Parks for Wheelchair-Users and Slow Walkers
Ever wonder why some people end up with upgrades and refunds whenever they make a wheelchair-access travel complaint, while others walk away with zero compensation? Truth be told, it’s all in the details. Knowing when to complain, how to complain and who to complain to are the keys to not only resolving the issue at hand, but also to receiving adequate compensation for your inconvenience. So the next time you encounter an access-related problem on the road, follow this roadmap for prompt resolution and adequate compensation.
Save Your Trip
The first and foremost rule about making a wheelchair-access travel complaint is to address the problem at hand. If your wheelchair arrives damaged, request a suitable loaner from the airline. If that supposedly accessible bus arrives but has two steps, request an appropriate replacement. If you arrive at a hotel to find that they gave your accessible room away, have them find you one at another property. Try and remedy the access shortfall, so you can salvage your vacation and enjoy the rest of your trip.
Additionally, you should try to prevent further damage. In other words, don’t throw the baby out with the bathwater. For example, if you miss a connection because the airline didn’t have a wheelchair waiting at the gate for you, don’t just throw in the towel. Work with the airline to get on the next available flight, so you can at least enjoy part of your vacation.
Don’t be afraid to address your loss while you are trying to mitigate damages, but don’t put a dollar price tag on it. For example, in the case of the missed connection, if the next available flight isn’t until late at night, don’t be afraid to point out that you are missing a whole day of vacation because of their error. And then ask if perhaps an upgrade is available. Keep in mind, this doesn’t wipe the slate clean, but it will make your travels more comfortable.
It’s also a good idea to jot down a few notes about the incident while it’s fresh in your mind. Write down times, dates and names if you have them. Then, put the notebook away, and don’t dwell on the incident. Enjoy what’s left of your vacation, then address the matter when you return home.
When You Return Home
The time to file an official wheelchair-access travel complaint with a service provider is after you return from your trip. And although every situation is different, here are some tips to help you approach the official complaint process.
Although it’s easy to pick up the phone, your complaint will receive more attention if you put it in writing.
Address the appropriate person. Don’t start with the President or CEO, but instead begin at the bottom and work your way up. You want to be able to show that you followed the company’s complaint procedure in an effort to resolve your accessibility issue.
Keep your complaint letter short and to the point. It should be no longer than one page. Avoid superfluous details and get to the point quickly.
Keep it polite, professional and G-rated. Abstain from vulgarities and name-calling.
Have someone who isn’t emotionally invested in the incident proofread your letter for clarity.
Never threaten to sue or to file an Americans with Disabilities Act (ADA) complaint in your initial complaint. This just creates an adversarial situation and makes the matter harder to resolve.
If you are going to quote the law, make sure you know the law.
Make sure and enclose all documentation, including receipts and photos.
Most important, ask for some type of resolution. Don’t be afraid to ask for specific compensation, but be realistic. If you’re reasonable with your request, most companies will be generous in their response.
Make it Official
You should also file an official ADA or Air Carrier Access Act (ACAA) complaint when you return home. This can be done in addition to your complaint with the provider, and even if you received compensation from them. This type of a complaint won’t get you anything personally, but it may help effect change.
The Department of Justice (DOJ) and the Department of Transportation (DOT) look for patterns, and the number of complaints against individual companies. If they see a lot of a certain type of complaint, they can issue fines and directives to help avoid future access-related failures. And that in turn may lead to better compliance in the future.
Plus it’s pretty easy to file an official wheelchair-access travel complaint.
If your issue involves physical access at a hotel, attraction, restaurant, outdoor area or venue in the United States, then you can file an ADA complaint. Information about an ADA complaint can be found at www.ada.gov/file-a-complaint. And the online form is located at civilrights.justice.gov/report.
Filing an official complaint is the final step in the process. And again, although it won’t benefit you personally, it can help to make the world a more accessible place.
Barrier-Free Travel 22 Accessible Road Trips for Wheelers and Slow Walkers
Recently I flew to Los Angeles, and although the hotel I stayed at had a free airport shuttle, it was not wheelchair-accessible. I asked the driver and he said that they didn’t have any wheelchair-accessible airport shuttles, and that I should take a taxi or an Uber. It seemed a bit unfair for me to have to pay for transfers, while others got them for free. Are airport shuttles required to be wheelchair-accessible under the Americans with Disabilities Act (ADA)? If so, what can I do if I encounter one that lacks wheelchair access?
The ADA and Wheelchair-Accessible Airport Shuttles
In a word, yes. If a hotel provides free shuttle service it’s also required to provide an equivalent accessible service under Title III of the ADA (ada.gov/topics/title-iii/). Equivalent is the key word here, so for example if passengers routinely wait 20 minutes for an airport shuttle, then wheelchair-accessible airport shuttles must arrive in the same time frame.
That doesn’t mean that hotels have to own their own shuttles though. They just have to provide the equivalent service. For example, a small hotel can share an accessible shuttle with other properties, but they must offer equivalent service as detailed above. Properties can also opt to send accessible taxis to pick up passengers, instead of purchasing and maintaining wheelchair-accessible airport shuttles. And finally they can alternately opt to reimburse guests for their accessible taxi or Uber fares.
When Things Go Wrong
Although equivalent service means that disabled guests will get the same service as non-disabled guests, a little advance planning can go a long way to making this a reality. First and foremost, don’t wait until you arrive at the airport to inquire about the availability of wheelchair-accessible hotel shuttles. Call the hotel in advance of your trip to confirm that they have the appropriate vehicles — and that they are actually operational.
If the hotel employee you are talking with says that they don’t have any wheelchair-accessible airport shuttles, then ask to speak to the manager. Usually managers know the law, and after you point out that wheelchair-accessible shuttle service is required under the ADA, then they will start to work to find a solution. Of course this solution may be that the hotels provides an accessible taxi or pays for your Uber, but that’s an acceptable solution under the law.
On the other hand if the manager balks at your request, it’s best to find another property. You can’t strong arm someone into adhering to the law, and you don’t want to arrive at the airport only to find out that there’s no way to get to your hotel. Give your money to a property that does follow the law and will be able to accommodate you.
Of course, don’t forget the property that didn’t accommodate you. They broke the law and they deserve to be reported to the Department of Justice (DOJ). It’s easy to do too — just complete this simple online form (civilrights.justice.gov/report) to file an ADA complaint. You won’t receive any compensation as the result of filing an ADA complaint, but it will help effect change. And that helps make everything more accessible in the long run.
Barrier-Free Travel California National Park Road Trips for Wheelchair-Users and Slow Walkers
Thanks to modern technology it’s now possible to share your travel photos with friends and family with just a few swipes and a tap or two. And I absolutely love seeing those smiling faces enjoying cruises, beaches and luxury resorts. But lately I’ve also been seeing another kind of travel post – it usually features a photo of an obviously inaccessible room, with the caption “Really? This is a wheelchair-accessible hotel room?”
And the truth is, well, maybe it isn’t.
How Does This Happen?
I’ve looked at thousands of wheelchair-accessible hotel rooms over my career, and I’ve seen just about every kind of access faux-paus you can imagine; however I’ve also had more than a few managers take me to view a supposed “accessible room” only to discover that it wasn’t. So how does that happen? According to many a red-faced hotel manager, “Somehow the rooms type was entered into the computer incorrectly.”
And although this seems like a minor computer error it can wreck havoc on travelers who need a wheelchair-accessible hotel room. Think about it for a minute. You reserve an accessible room, and because the inaccessible room is coded wrong that’s the room you get. Even worse, when you open the door and discover the lack of access and report it to the front desk, the clerk continues to insist that you ARE in an accessible room. Why? Because the computer says so. And believe me, it’s darn near impossible to convince a rank-and-file employee that the computer is wrong.
Clues That You Aren’t in a Wheelchair-Accessible Hotel Room
Although access features can and do vary from property to property, there are a few clues that you may have been incorrectly assigned to a standard room, rather than a wheelchair-accessible hotel room (in the US). Here are a few tip-offs.
Check the bathroom. Although access features may vary in the shower or tub, check out the toilet area. Are there grab bars by the toilet? If not, you may well be in a standard room, as that’s one access feature that is seldom missed.
Is the roll-in shower really a low step shower? Many hotels have replaced their tub/shower combinations with low-step showers in their standard rooms. Look inside the shower – if the only access feature you see is a set of grab bars, then you may be in a standard room. In this day and age even standard rooms have shower grab bars for safety, so that by itself doesn’t really indicate you are in an accessible room. Look for a hand-held showerhead.
It’s also important to note that under the Americans with Disabilities Act, accessible rooms can have either a roll-in shower a tub/shower combination or a transfer-type shower. In fact properties with 50 or fewer rooms aren’t required to have an accessible room with a roll-in shower. That said, if your tub/shower combination only has grab bars, and does not include a hand-held showerhead and some type of shower bench, you may be in a standard room.
Next, look out in the hallway. Do you see any rooms marked with the wheelchair pictogram? Are there any that have lowered peepholes? These are sure signs of an accessible room. If some rooms have them, but your room lacks them, it may be a sign that you are in a standard room.
How to Remedy the Situation
Of course if your room is listed incorrectly in the inventory, you won’t get much satisfaction from the front desk. You will have to go higher. Ask to speak to the manager. Ask the manager what features their wheelchair-accessible rooms have. Tell him that you are supposedly in a wheelchair-accessible room, but your room does not have those features. Then show him photos of the room.
And then perhaps suggest that this room was entered into the inventory incorrectly.
Chances are if this is the case, the manager will find you another room – one that is truly accessible. Of course there’s always the chance that there won’t be any accessible rooms available; in which case you should ask to be accommodated at a nearby property. After all, you did book an accessible room, and the mistake wasn’t your fault.
Granted this is a time consuming – and somewhat frustrating — process, so go ahead and ask to be compensated for your time. You may get some free points or maybe even a free night. In the end, managers want happy customers, so don’t be afraid to ask for whatever you feel you deserve.
A new United Airlines wheelchair sizer tool was recently unveiled. This digital tool enables wheelchair-users to select flights that can accommodate their specific assistive devices. Why is this important? Well, some larger wheelchairs will not fit through certain aircraft cargo doors without being titled to the side or back. And in some cases, tilting those wheelchairs could seriously damage them.
The Wheelchair Sizer Tool
So how does this new United Airlines wheelchair sizer tool work? Well basically you enter your flight criteria on the United Airlines website or app, then all the flights that meet your criteria are returned. Next you click on the “wheelchair” tab in the top right, and enter the dimensions and battery type of your wheelchair. Finally, click on “check size” and the tool will return all the flights that can accommodate your wheelchair.
And here’s the great part. If you aren’t able to take your preferred flight because your wheelchair won’t fit through the cargo door, and there are other more expensive flights that can accommodate your wheelchair, you can get a refund of the fare difference.
New United Airlines Wheelchair Sizer Tool Result of ACAA Complaint
So why did United Airlines develop this new wheelchair sizer tool? Well, it was all the result of an Air Carrier Access Act (ACAA) Complaint, and a subsequent settlement agreement between the Department of Transportation (DOT) and United Airlines.
The original ACAA complaint that triggered the DOT investigation was filed by Engracia Figueroa. Unfortunately United Airlines damaged her customized wheelchair and left her sitting in an airport wheelchair for five hours. And perhaps if she knew that she had other flight options, she would have taken an alternate flight, where her wheelchair didn’t have to be twisted, turned and tilted to fit through the cargo door. And all that manhandling was what damaged her $30,000 assistive device.
Sadly Ms. Figueroa’s story had a tragic ending. United initially refused to replace her wheelchair, and although Ms. Figueroa fought this decision, it took a toll on her. She subsequently developed a pressure sore as the direct result of improper seating, and by the time United Airlines finally agreed to replace her wheelchair, it was too late. Ms. Figueroa died from a subsequent infection on October 31, 2021.
Trial Program at IAH
Another provision of the DOT settlement agreement requires United Airlines to implement a six-month pilot program at George Bush Intercontinental Airport (IAH). This trial program will explore additional equipment and service options that can be used to accommodate passengers who have had their customized wheelchairs damaged or delayed.
Specifically, this program focuses on the time frame between a customer’s arrival at the airport and the time that United returns their wheelchair or provides an appropriate loaner. The goal is to make extended waits — like Ms. Figueroa had — safer and more comfortable. To that end, United is equipping their IAH loaner wheelchairs with Permobil cushions, in order to improve comfort and stability. Additionally, the airline is also reimbursing customers for transportation expenses, should there be an extended wait for the return of their assistive service. That way they can opt to wait in a more comfortable setting, such as a hotel or their own home.
The DOT has agreed to close its investigation of the ACAA complaint filed by Ms. Figueroa, in return for the implementation of these new wheelchair policies. An although it’s great to see these improvements, they wouldn’t be in place had it not for Ms. Figueroa’s ACAA complaint. So remember that the next time you encounter access problems while flying. Filing an ACAA complaint won’t personally help you, but it could help effect change. You can file a ACAA complaint at https://secure.dot.gov/air-travel-complaint.
And lest you think that it’s no big deal, remember that the ACAA has been in effect since 1986. We shouldn’t still be having these problems today. File that complaint if you encounter access-related issues .
The Air Carrier Access Act (ACAA), which has been on the books since 1986, details what services US airlines must provide to disabled passengers. These regulations also cover foreign air carriers that fly routes to and from the US. Although it’s a good idea to read the regulations in their entirety at www.ecfr.gov/current/title-14/chapter-II/subchapter-D/part-382, there are a few key provisions that every traveler should note. With that in mind, I’ve created a Disabled Air Travelers Bill of Rights, which highlights those provisions.
Of course, sometimes there’s a big difference between the regulations that dictate what should happen, and what actually happens in real life. With that in mind, not only have I pointed out some possible air travel “realities”, but I’ve also included some helpful tips and tricks about how to remedy access missteps that could pop up along the way. And for your reference, I’ve also noted the specific parts of the ACAA that convey each right.
1. You Have the Right to Curbside Wheelchair Assistance
Curbside wheelchair assistance tops the Disabled Air Travelers Bill of Rights. Some airports are huge, and slow walkers who use a cane or walker literally can’t manage the distance. Under § 382.91 of the ACAA, airlines are required to provide wheelchair assistance from the terminal entrance (or vehicle drop-off point) to the gate. Not only must they provide a wheelchair, but they must also provide someone to push that wheelchair and offer luggage assistance.
The reality of the situation is that sometimes this just doesn’t happen, even when you make advance arrangements. So what should you do if you are left stranded at the curb? The solution to this dilemma actually starts before the trip. Contact the airline prior to your departure and ask for the local number of the airline. Then put it in your cell phone so you have it handy if the airport wheelchair is a no-show. That way you won’t have to spend precious moments on hold and be forced to navigate through endless prompts, in order to get assistance.
And when all else fails call the airline out on social media. This shouldn’t be your initial response, but when your requests for assistance go unanswered, it’s sometimes the fastest way to get results.
Additionally, when you get to your gate don’t let them take the wheelchair away, even if you can easily make it down the jetbridge to the aircraft. The reason for this is that if there’s a gate change – which isn’t uncommon – you will need a wheelchair to get to your new gate. If they take that airport wheelchair away, you will be stranded. And sometimes that new gate can be quite a hike from the original gate.
2. You Have the Right to Remain in Your Own Wheelchair to the Aircraft Door
This is called gate checking your wheelchair and it’s absolutely something that you want to do. Why? First and foremost you will be more comfortable in your own wheelchair. Additionally, the less time the airline has your wheelchair, the less time they have to damage or misplace it. And under the ACAA US carriers are required to gate check wheelchairs whenever possible.
Of course the reality is that not everybody can stay in their own wheelchair all the way to the gate. In order to gate check your wheelchair it must have non-spillable batteries. If your wheelchair has spillable batteries you must arrive one hour earlier, surrender your wheelchair at check-in and then transfer to an airport wheelchair.
If your assistive device has Li-ion batteries, you may be able to stay in it all the way to the gate. Airlines are allowed to – but not required to – accept assistive devices with Li-ion batteries. And all the airlines have different requirements for the packaging, labeling and transport of these batteries.
Bottom line – know your battery, and travel with a non-spillable battery if at all possible. And contact the airlines directly to find out about their requirements or restrictions on Li-ion batteries. Finally, consult § 382.125 of the ACAA to find out the specifics of this provision.
3. You Have the Right to Preboard the Aircraft
Next up on the Disabled Air Travelers Bill of Rights — preboarding. Under § 382.93 of the ACAA, airlines must offer preboarding to disabled passengers who request this service. Preboarding simply means that you board the aircraft before general boarding is announced.
There are several advantages to preboarding. First and foremost, you can take your time going down the jetway, and you don’t have to worry about being trampled or crowded by other passengers. Additionally, you’ll get first crack at overhead storage space, and people won’t be staring at you as you transfer to your seat. Finally, if your seat doesn’t have a flip-up armrest (it happens), the flight attendant can easily reseat you before the other passengers board.
The reality of the situation is that many airlines no longer make preboarding announcements. And under the ACAA, they aren’t required to announce preboarding, they are just required to offer it. With that in mind, make sure and arrive at your gate early, and tell the gate agent that you need to preboard the aircraft. Then — and this is the important part — make yourself very visible at the gate. Do not wander away. Out of sight is out of mind, and you certainly don’t want the gate agent to forget you.
4. You Have the Right to a Dignified Boarding
A very important facet of the Disabled Air Travelers Bill of Rights is the right to a dignified boarding. A dignified boarding is either a level boarding or access to the aircraft by a lift. Under § 382.101 of the ACAA, US airline employees are never allowed to hand carry disabled passengers on board the aircraft.
Accessible boarding — either by a level jetway or a lift — is required on aircraft with 19 or more seats at US airports. Most larger airports have jetbridges, so you can just roll on the aircraft. At airports without jetbridges passengers deplane directly to the tarmac, via a portable stairway. At these airports, lift boarding is required if the airport has more than 10,000 enplanements (passengers) per year.
And although these boarding requirements also apply to foreign carriers that land in the US, it’s not a requirement at foreign airports. With that in mind, it’s a good idea to inquire about your boarding and deplaning options before you buy your ticket, especially on international flights. Additionally, don’t forget to ask about the weight limit of the lift if the airport doesn’t have jetways.
Also keep in mind, planes may enplane or deplane directly on the tarmac, even if the airport has jetbridges. This is usually a traffic issue, and it’s not uncommon at large airports. When this happens passengers deplane directly to the tarmac and are then bussed to the gate. If this is a possibility, it’s important to not only inquire about the availability of a lift, but also of an accessible bus.
5. You Have the Right to Appropriate Seating
Seating is another important topic addressed in the Disabled Air Travelers Bill of Rights. To be honest, there’s a lot of confusion about what type of seating is required for wheelchair-users. Under § 382.61 of the ACAA, US aircraft with more than 30 seats must have movable armrests on at least half the seats. These flip-up armrests make transfers from the aisle chair a bit easier, and they are the only seating accommodation required for wheelchair-users.
That said, airlines cannot require a wheelchair-user to sit in a window seat or bar them from occupying an aisle seat. They can however prohibit a disabled passenger from sitting in an exit row.
Seating is further addressed in § 382.81 of the ACAA, which states that passengers with a fused leg or those who travel with a service animal are guaranteed bulkhead seating. It doesn’t require bulkhead seating for wheelchair-users or slow walkers. And if you qualify for bulkhead seating, it’s important to note that they do not have flip-up armrests.
The good news is, even though bulkhead seating is not required for wheelchair-users under the ACAA, many airlines routinely set aside these seats for any disabled passenger. Check with the carrier about their bulkhead seating policy if this is an accommodation you need. If they can accommodate you, great. If not keep checking until you find an airline that can. It’s also a good idea to check for airlines that offer open seating; because if you preboard you’ll have first pick of seats.
6. You Have the Right to Onboard Wheelchair Stowage on Most Aircraft
According to § 382.67 of the ACAA, US airlines must provide one priority wheelchair stowage space on aircraft with 100 or more seats.
This area must be at least 13 inches by 36 inches by 42 inches, which is deemed large enough to store a typical adult-sized wheelchair without having to remove the wheels. Although this space is usually located in the onboard closet, airlines can also strap a wheelchair to a row of seats. If the onboard wheelchair stowage space is in the closet, a sign must also be installed indicating that assistive devices stowed in this area get priority over all other items, including crew luggage.
The one thing to remember is that there is only one wheelchair stowage space per aircraft, and in order to use it you must preboard. So that’s one more reason to arrive at the gate early and take advantage of preboarding.
§ 382.123 of the ACAA also states that airline personnel are required to move other items — including crew luggage — in order to make room for a passenger’s wheelchair. Of course this doesn’t always happen, and sometimes the crew is reluctant to move their luggage. It’s a good idea to print out this section of the ACAA and take it with you in case that happens. And if that doesn’t work, then you’ll just have to enlist the assistance of the CRO (see #10 below).
7. You Have the Right to Fly
A very important tenet of the Disabled Air Travelers Bill of Rights – airlines cannot deny you passage just because you are disabled. This is detailed in § 382.19 of the ACAA.
And although the airlines cannot deny disabled passengers passage, they can require them to travel with a safety assistant if they feel that they are unable to assist with their own emergency evacuation. That said the the only duty that a safety assistant has is to assist a disabled passenger in an emergency. And anybody – even someone you don’t know – can be a safety assistant. This is detailed in § 382.29 of the ACAA.
So if the gate agent says you can’t fly unaccompanied, all you have to do is ask another passenger to act as your safety assistant. Problem solved. Unfortunately not all gate agents know the law, so it’s a good idea print out this section of the regulations.
And if you have to, contact the CRO (see #10 below).
8. You Have the Right to Relieve Yourself on a Flight When Nature Calls
According to § 382.63 of the ACAA, accessible lavatories are required on all post-1992 US wide body aircraft. And if the aircraft has an accessible lavatory, it is also required to carry an on-board wheelchair.
The reality of the situation is that there are minimal requirements for an accessible lavatory. Basically they have to be big enough to accommodate the onboard wheelchair, and they must include an accessible call button, grab bars and faucets. There are no provisions for enough space for a caregiver or a transfer, so many folks can’t realistically use “accessible” airline lavatories. And again, they are only required on wide body (twin aisle) aircraft.
The good news is, that a revision of the ACAA to require accessible lavatories in single aisle aircraft is currently underway. Unfortunately the timeline for implementation is painfully slow, and if adopted as written, full implementation is at least 45 years away
For now, if you need a large lavatory, look to the newer wide body jets. Specifically, the 787 Dreamliner has a very spacious accessible lavatory. Also the newer Airbus 320 models have large space-flex accessible lavatories. Both of these models have plenty of room for both a wheelchair-user and a caregiver. Additionally it’s a good idea to check out the seating maps on www.seatguru.com. Although the site doesn’t list the exact size of the accessible lavatories, it’s easy to see the relative size compared to the standard lavatories.
And last but not least, if you will need the on-board wheelchair during the flight, ask the flight attendant to check and make sure it’s on the aircraft before takeoff. Sometimes they get offloaded and aren’t promptly replaced. And you don’t want to find this out in the middle of your flight.
9. You Have the Right to Compensation for Wheelchair Damage
Unfortunately wheelchair damage is sometimes a reality of air travel. § 382.131 of the ACAA addresses compensation for wheelchair damage.
On domestic flights (within the US), the airline liability limit for damaged assistive devices is the purchase price — not the replacement cost — of the item. And on international flights the airline liability limit for damaged assistive devices is covered under the Warsaw Convention ($25.29/kilo) or the Montreal Convention ($1731 limit).
So, if you have an older wheelchair, that costs more to replace today, you’ll be responsible for the difference. You’ll only be reimbursed for the original purchase price on domestic flights.
Although this coverage is limited, there are some steps you can take before your flight to make sure you will be adequately compensated. First and foremost, you should determine how much it would cost to replace your assistive device. Then check your homeowners insurance to see how much — if any — coverage you may have. Most policies cover personal property even when it leaves your residence; however some policies exclude assistive devices. And if your policy isn’t clear on this matter, call your agent for the most authoritative answer.
If you find that you don’t have any homeowners coverage, then shop around for a high deductible travel and baggage insurance that includes assistive devices. Again, it’s good to talk to a live person to make sure that you get adequate coverage. And make sure you get it in writing — don’t just rely on a random phone conversation.
10. You Have the Right to Have Your Disability-Related Complaint Addressed
This is perhaps one of the most important aspects of the Disabled Air Travelers Bill of Rights, as it offers an avenue to problem resolution. All US airlines and foreign airlines that fly to and from the US are required to have a Complaints Resolution Official (CRO) on duty during operating hours. This person knows the law and is specifically trained to solve access related problems. This provision is included in §382.151 of the ACAA.
The reality of the situation is that not all airline employees are acquainted with the CRO or the disability complaint process. They are also sometimes not even aware of the ACAA. This is especially true of new hires.
So whenever you run into a wall on an access-related issue, always ask to speak to the CRO. If the employee you are dealing with does not know who or what the CRO is, then ask to speak to a supervisor. They are well aware of CRO duties, and they may even be a CRO; as it’s not uncommon for the airlines to have more than one CRO on duty at a time.
It’s also a good idea to bookmark the ACAA, so you can point out the law if you feel you are being mistreated.
Of course the goal of the CRO is to solve the problem on the spot, but if that doesn’t happen you can most certainly follow up when you return home. You can file an access related complaint directly with the airline within 45 days of your flight.
Additional Recourse For ACAA Violations
Even if you have already filed a complaint with the airline, you can also file a complaint with the Department of Transportation (DOT) for ACAA violations when you get home. This most likely won’t result in a solution to your specific problem, but the DOT has the authority to fine airlines for access shortfalls. And that usually results in better policies and procedures for passengers with disabilities.
Flying with a wheelchair for the first time can seem pretty intimidating. That said, it doesn’t have to be. As they say, knowledge is power, and in this case that knowledge comes from the Air Carrier Access Act (ACAA). Not only does this legislation spell out the rules of accessible air travel in the US, but it also covers air travel for foreign airlines on direct flights to and from the US. Additionally it mandates an on-site problem solver for accessible air travel problems. This problem solver is called the Complaints Resolution Official, or the CRO for short. So before your next flight, it pays to learn about the ACAA and the CRO. Not only will this help you know what to expect when you fly, but it will also give you a valuable resource should things go wrong.
Learn the Law — The ACAA
Many people incorrectly believe that air travel in the US is covered by the Americans with Disabilities Act (ADA). It is not. It is covered under the ACAA, which actually predates the ADA. And it specifically lays out the rules for accessible air travel on US airlines, as well for foreign airlines on flights to and from the US.
And the good news is that this piece of legislation is written in a user-friendly format. In other words it’s not a jumble of legal terms and phrases, but instead it’s presented as a series of questions and answers about accessible air travel. It covers everything from airport assistance and boarding, to seating, wheelchair stowage and even wheelchair damage. And the best thing that you can do to prepare yourself for your flight is to read the ACAA in it’s entirety at www.ecfr.gov/current/title-14/chapter-II/subchapter-D/part-382
Reading this legislation is especially important if it’s your first time flying with a wheelchair. Why? Because it will give you a good idea of what to expect when you get to the airport, board the airplane and even arrive at your destination. And once you know what to expect, you will also know when something is going wrong. That’s when the CRO comes into play.
Ask for the CRO — Your Problem Solver
The ACAA also mandates that covered airlines must have a CRO on duty during their operating hours. They can have the CRO available in person or by phone, but they do have to be available when someone requests one. These employees know the ACAA and they have the power to solve problems on the spot. They have the power to overrule every other airline employee — including third party contractors — except the captain of the aircraft.
Once you know the rules for accessible air travel, you will also know when something isn’t going according to the rules. And that’s when you need to speak up for yourself. For example, if an airline employee says that wheelchair-users are not allowed to have aisle seats, and instead insists that you have to sit by the window, then you need to ask for the CRO. In this case, it would first be a good idea to first tell the airline employee that under the ACAA, the only place a wheelchair-user can’t sit is the emergency exit row. And if you still get push back, ask to speak to the CRO.
Now if the airline employee doesn’t know who or what the CRO is, ask to speak to a supervisor. The supervisor definitely knows who the CRO is, and in fact they may even be a CRO. Sometimes inexperienced employees don’t know about the CRO, so don’t be afraid to work your way up the chain of command.
It’s also a good idea to bookmark the ACAA, so you will have easy access to it when you travel. Then if you run into something questionable, you can easily pull it up and show it to the airline employee. Sometimes that works, but in the end the CRO is your best source for immediate resolution.
File an Official Complaint
Although the CRO is the person that can help solve your access related problems on the spot, there are a few more things you should do if you encounter difficulties when you are flying with a wheelchair. Of course first and foremost, you need to address the issue at hand, and try to get it solved by the CRO. But there are also a few more things that you should do when you return home.
First off, file an official complaint with the airline, especially if there was some damage done to your wheelchair or other assistive device. Address the issue and ask for appropriate compensation. When an access-related complaint is filed directly with the airline, they are required to track the resolution and report back to the Department of Transportation (DOT). It should be noted this is the only way to receive monetary damages from an airline, short of going to court.
Finally, it’s also a good idea to file an official ACAA complaint with the DOT after you return. This will not help solve your problem, nor will it get you any monetary compensation, but it could result in airline fines by the DOT. The DOT looks at patterns and if it gets numerous complaints on the same airline about the same thing, it may issue fines to the airlines involved. And remedial training is usually also required when an airline is fined. Although an ACAA complaint won’t benefit you personally it may help effect change and make air travel more accessible for everyone. And it’s easy to do on this online form — secure.dot.gov/air-travel-complaint.
So the next time you encounter problems when flying with a disability, make sure you take all of these measures to remedy the problem.
Barrier-Free Travel California National Park Road Trips for Wheelchair-Users and Slow Walkers
Have you ever arrived at a hotel, reservation in hand, only to discover that the hotel gave away your accessible room? Or worse yet, been told by a reservation agent that they cannot reserve a specific accessible room for you? It’s not only frustrating, but it’s also illegal in the US under the Americans with Disabilities Act (ADA). But unfortunately it does happen. With that in mind, here’s what you need to know about the law, so you can be a more effective-self advocate.
Ever wonder why some people end up with upgrades and refunds whenever they make a wheelchair-access travel complaint, while others walk away with zero compensation? Truth be told, it’s all in the details. Knowing when to complain, how to complain and who to complain to are the keys to not only resolving the issue at hand, but also to receiving adequate compensation for your inconvenience. So the next time you encounter an access-related problem on the road, follow this roadmap for prompt resolution and adequate compensation.
A new United Airlines wheelchair sizer tool was recently unveiled. This digital tool enables wheelchair-users to select flights that can accommodate their specific assistive devices. Why is this important? Well, some larger wheelchairs will not fit through certain aircraft cargo doors without being titled to the side or back. And in some cases, tilting those wheelchairs could seriously damage them.
