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| Your Location: Timeshare Users Group: Disability and Timesharing |updated: 2/9/08 |

Editor:
Carol Chaveas
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Introduction
The American with Disabilities Act (ADA)
became effective in January 1992. The ADA provides people with
disabilities with basic public accommodation rights and the means to
enforce those rights. Hotels, motels, timeshare resorts and other
places accommodating the general public must meet specific technical
requirements in providing lodging and services to meet the needs of the
disabled. Many of the 50 million people with disabilities can
now find commercial lodgings tailored to meet their needs when they
travel. This page provides basic information on traveling and
timesharing in light of the ADA and the attempts of the travel and
timeshare industry to provide accommodations designed for the
disabled. Who is Responsible for What and When? Alterations and new construction after Jan 23, 1993 must comply with the accessibility laws. Commercial lodging facilities covered by the ADA's Title III include hotels, motels, inns, boarding houses, dormitories and resorts. Temporary accommodations located within a building that contain no more than 5 rooms for rent and are occupied by the proprietor of the establishment (as the residence) are not covered by the ADA. For example, a small bed and breakfast located within someone's home would not be covered. Customers with accessibility needs must be offered the same options for sleeping arrangements as other patrons. Room, size, cost, amenities and the number of beds in a room must be comparable to quarters for the non disabled. For lodging owners may chose to make all of their accessible rooms doubles or larger to ensure that all of their guests can housed; however, if a customer requests a single room and the only accessible room available is double, the customer can be charged for a multiple occupancy room. Resorts/hotels
are required to have a minimum number of accessible rooms with roll-in
showers [wheelchair accessible], based on a percentage of the total
number of rooms at the establishment. In a hotel with 175 rooms, for
example, six accessible rooms, two with roll-in showers, must be
available. The larger the facility, the more accessible rooms
must be provided.
1. Call as early as possible to make your reservations
This can applies to a timeshare resorts and hotels. In order to guarantee a person is provided an accessible room, a resort may have to adopt a policy of keeping a room unoccupied until a person with a disability arrives, assuming the person has properly reserved the room. It is good practice to inform resort personnel of your accessibility needs ahead of time. Making a reservation will not only give you peace of mind, but it will give the resort extra time to prepare a comfortable room. This is not intended to imply that people with disabilities receive preferential treatment. The ADA encourages communication between the customer and the lodging facility. That is why it is so important to contact the resort prior to your arrival to discuss any specific requirements to accommodate your disability. Check ahead of time to see if new construction or alterations have been made since the ADA's specified dates, and inform the resort of your needs. Resorts do not
have to provide special auxiliary aids or services. This might include
special equipment such as walkers or wheelchairs. You should plan to
bring these items with you when you travel, unless the establishment
has assured you ahead of time that they will be available for your
use. After a long day of travel, a traveler doesn't want to to endure long waits to check in or arguments with check-in personnel unfamiliar with the ADA. Become familiar with the ADA's regulations in advance to help avoid such situations. Don't hesitate to call and educate the resorts as to the laws strictures. The
temperature swings in the shower and the color of the
carpeting in the bedroom can't be changed through legislation,
but enforcing the ADA rules will make a more worthwhile
improvement. You may not only help yourself, but also set a
precedent for future vacationers with special needs.
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| The
"Days Inn" Case: The first major legal case
testing the "new construction" strictures of the ADA was brought in
February 1996 when the Justice Department sued Days Inn and a number
its franchisees claiming that at least five of its hotels were not built to provide access for guests with disabilities. The Justice Department press release announcing the suit is a wonderful document which quickly educates the reader as to the extent of the "new construction" coverage of the Act. For example, quoting from the press release:
A few minutes spent reading this press release will give you an idea of the extent of considerable coverage of the "The Standards for Accessible Design." |
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Phone: (904) 298-3185
Homepage updated Feb 4, 2008 by B. Rogers - Send email regarding this page to tug@tug2.net