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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 travel on a US airline anywhere in the world, or on a foreign airline on a flight to or from the US, then you can file an ACAA complaint. Details about the complaint process can be found at www.transportation.gov/airconsumer/complaints-alleging-discriminatory-treatment-against-disabled-travelers. And the complaint form is located at secure.dot.gov/air-travel-complaint. It’s also a good idea to check out this primer (emerginghorizons.com/the-disabled-air-travelers-bill-of-rights) on your basic rights under the ACAA before you file a 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.