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Proposed cruise ship ADA regulations


Splinter
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Please consider reviewing and sending in your comments. For the first draft, only about 40 individuals in the entire USA sent in comments. Many corporations (including cruise ship companies) have a very organized process to protest having any regulations at all, and you can be sure they will be commenting:

 

To Whom It Concerns:

 

2nd Draft – Last Friday, the US Access Board under the Americans with Disabilities Act (ADA) published a notice of availability ( http://www.access-board.gov/pvaac/noa-revised.htm ) in the Federal Register. This notice informed the public that a 2nd draft of the Passenger Vessel Accessibility Guidelines (PVAG), dated July 7, 2006, and related discussion material was being made available for public comment.

 

Rulemaking Process. As noted in the discussion material, the Board creates guidelines under the ADA which serve as the basis for enforceable standards maintained by other agencies. To create final guidelines and enforceable standards, in general, the rulemaking process will comprise the following actions.

 

· Board made draft guidelines available for public comment (2004);

 

· Board makes a second draft available for public comment and collects regulatory assessment data (2006);

 

· Board completes the regulatory assessment and publishes for public comment a notice of proposed rulemaking (NPRM) on passenger vessel accessibility guidelines and amendments to ADAAG for Buildings and Facilities (which address on/off guidelines for landside facilities);

 

· Board finalizes the vessel guidelines and ADAAG amendments, and updates the regulatory assessment based on the final guidelines and amendments;

 

· DOT completes its regulatory assessment and publishes its NPRM to adopt the provisions from the vessel guidelines and ADAAG amendments into its enforceable standards; and

 

· DOT finalizes its standards and updates its regulatory assessment based on the final standards.

 

 

Discussion Material – At the beginning of the file (http://www.access-board.gov/pvaac/revised-draft.htm ) which contains the 2nd draft, discussion material regarding the content and changes made in creating the 2nd draft is provided. This material also contains the vessel case study list which the Board plans on using to collect impact data that will be used in conducting a regulatory assessment. When the Board publishes a NPRM regarding these guidelines, a regulatory assessment will be included in that NPRM package.

 

Figures - This draft only contains four figures which appear after section V404.2.5 and address the coaming issue. In many cases, because the section numbering system and provisions in the draft are similar to those found in the 2004 ADA-ABA Accessibility Guidelines for Buildings and Facilities (ADA-ABAAG), you may use many of the figures in ADA-ABAAG (http://www.access-board.gov/ada-aba/final.htm#1011 ) to further understand the provisions in this draft of PVAG. (Note: Be aware that Chapters 5 and 10 in the draft of PVAG were extensively renumbered when compared to ADA-ABAAG.)

 

Advisory Notes – Unlike the 2004 draft, this draft contains advisory notes which appear after applicable sections.

 

Comment Period – The 60 day comment period will end on September 5, 2006. No public hearings are currently planned. Comments submitted on the 2004 draft can be found on the Board’s web site (http://www.access-board.gov/pvaac/comments/index.htm ). The Federal Register notice (http://www.access-board.gov/pvaac/noa-revised.htm ) provides directions on how to comment. We recommend you send your comments to pvag@access-board.gov.

 

Questions - Should you have any questions regarding the Access Board notice and related material, please do not hesitate to call. Comments, however, must be sent per the instructions in the Federal Register notice.

 

Paul Beatty

Phone 202-272-0012

Fax 202-272-0081

TTY 202-272-0082

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Hi Splinter, and everyone,

I received this email today, also.

I briefly read it over before dinner, and noticed that the people representing the shipowners interest state that there are TOO MANY handicapped cabins, and wish to have FEWER of them. The "civilians" that wrote, stated that there weren't enough!!!!

People, PLEASE write and give this board your opinion................MORE help, MORE cabins, and MORE input is/ are needed.

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  • 1 month later...

Hello!

 

I sent in a reply to the address given in the first post here

pvag@access-board.gov. I hope that all of us here on Cruise Critic that are disabled will send in a reply, it is crazy that they have recieved so few replies, but I guess others are like me, I did not know about this until reading on this board today. Right away, I knew I needed to take time and address the issue. The cruise lines definately need MORE accessible cabins and some of them need to be for more than two people. Everyone please take a few minutes and let them know! God bless!

Pam:)

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I sent mine in today. One of the reasons for more disabled cabins that I stated was that the cruiseline does not allow disabled passengers to park their mobility devices in the hall, so more disabled cabins are needed to store scooters, wheelchairs, etc. How can they say that there are too many cabins?

 

I also included other reasons. It only took five minutes. Send your email before Sept. 5th. It's the last day to do so!

 

Let's flood them with emails!!!!

 

Thanks Splinter and Queenie for the heads up.

Judy

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Sent in my comments today. We need more cabins along with true access on the ship including risers that do not need a step up or down. Also, should be included sufficient elevator service for the number of people aboard.

 

Thanks for the heads up.

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  • 3 weeks later...

I can't stop thinking about Umbarger's important comments from an earlier thread she started.

Basically, everyone with a scooter is being forced into booking Handicap cabins. Only a small proportion of these people really need the handicap cabin per se, they just need handy access to a scooter for much longer walks.

 

I am not blaming scooter-using passengers for following cruiseline policy by booking these rooms, nor am I blaming the cruiseline for wisely keeping scooters out of the hallways. However, what this results in, is the near elimination of availability of handicap cabins for those who really need them. Am I being too dramatic? I don't think so. The impact on the cruise-going handicap populace is huge.

There needs to be some solution found, some place where scooters can be kept outside the cabins, but not in the hallways.

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The solution would be to have all cabin doorway clearances 36-inches. That is what I suggested, for the same reason you mentioned, to the Access Board during the first round of feedback/comments. After all, that is what we do in hotels, and that is what the new cruise regs are based on. But thanks to the input of the cruise lines, the access board would have none of that. Granted, I was one of maybe two folks that even suggested it to the Access Board, so that lack of support could be the reason for ditching the idea.

 

But the point is, if you have an idea or a problem, write to the Access Board (as opposed to just posting it here). That is how you can make a real difference.

 

Candy

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The solution would be to have all cabin doorway clearances 36-inches.

Candy

 

 

No, the truely brilliant solution would be not just the wider doorways but auto-opening pushbutton-activated doors so it would be possible for someone to drive a scooter through the door without getting pinched in it.

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No, the truely brilliant solution would be not just the wider doorways but auto-opening pushbutton-activated doors so it would be possible for someone to drive a scooter through the door without getting pinched in it.

 

They would never go for that. It's not even required on land (whereas the wide doors are).

 

Candy

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I don't know, the public restrooms on the Norwegian Spirit had push button automatic doors. Nice and wide. They were a bit slow to open and close, but they really worked great. I did notice though that they needed maintenance pretty often. Maybe people couldn't wait for them to open and close and tried to force them? Anyway, they were a pleasure to use.

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I don't know, the public restrooms on the Norwegian Spirit had push button automatic doors. Nice and wide. They were a bit slow to open and close, but they really worked great. I did notice though that they needed maintenance pretty often. Maybe people couldn't wait for them to open and close and tried to force them? Anyway, they were a pleasure to use.

 

sologrip was talking about cabin access (to the front door) , not restroom access (which most land facilities also have -- and you have the option to use it or not).

 

There are a few cruise ships which have auto doors on a few of their accessible rooms. I think it was kind of an experiment that didn’t work out (JMO -- they didn't build any more of them for some reason, and don't even advertise that they have them). It's great that they have this, but again it's not even required in land-based facilities (which the new guidelines will be based on). Point is, wide doors are required in all entry doors to guest rooms in land-based facilities. The PVAAC decided *not* to include this in the cruise ship guidelines (on newly built ships), so only the accessible rooms will have wide doorways.

 

Bad move IMHO.

 

Candy

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sologrip was talking about cabin access (to the front door) , not restroom access (which most land facilities also have -- and you have the option to use it or not).

 

There are a few cruise ships which have auto doors on a few of their accessible rooms. I think it was kind of an experiment that didn’t work out (JMO -- they didn't build any more of them for some reason, and don't even advertise that they have them). It's great that they have this, but again it's not even required in land-based facilities (which the new guidelines will be based on). Point is, wide doors are required in all entry doors to guest rooms in land-based facilities. The PVAAC decided *not* to include this in the cruise ship guidelines (on newly built ships), so only the accessible rooms will have wide doorways.

 

Bad move IMHO.

 

Candy

 

Hi Candy,

 

I agree it is a bad move. I use a very small scooter and it just barely fits through a standard door. Being a very determined type person, I have even backed it into some cabins since they were too tiny to turn the scooter around in and it seemed easier to back into the room than to back out of it. An accessible room is not required, usually, because I can manage without it, but when the needed scooter becomes an obstacle to your cabin partner it is very tiresome.

 

It would be great if the industry would make some cabins semi-accessible for those with limited mobility that don't need a fully accessible cabin.

 

I have never seen an automatic door to a land based restroom, so was really impressed with the ones on the NCL Spirit.

 

IrisF

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  • 2 weeks later...

Current US Coast Guard and Flag state Regulations do not allow the construction of a cruise ship with public parking for scooters and wheel chairs.

 

US Coast Guard regulations do not permit the charging of an electric scooter in a ship's corridor. They see it as a fire hazard.

 

Those same organizations also forbid the parking of these vehicles in public corridors. They are a serious danger to passengers trying to escape a ship in an emergency situation.

 

What if the ship has an enclosed, fireproof, "garage" approved by the Coast Guard (assuming they would approve such a thing) to park all the scooters? Does anyone think that the ship's crew would have enough time - in an emergency situation, possibly with few or no functioning elevators - to get all those scooters to the proper cabins in time to save your lives?

 

So the cruise line installs one of those problematic automatic doors on your handicap cabin. Then there is a fire and/or power outage and the door stops functioning. How do you plan to get out of the cabin? If you call the locksmith, he might get to you in a day or two.

 

Right now a large ship can afford to assign one or two dozen crew to assist handicapped passengers in case of emergency/fire. All the other crew have other safety duties for the other passengers and crew in emergencies. These duties are mandated by US Coast Guard and Flag State Regulations. What happens when you add 25 or 50 more handicapped cabins that are large enough to accommodate your scooter or wheel chair, thereby encouraging additional handicapped passengers to sail on the ship? Who is going to assist all of them them in an emergency? Shall we force the cruise lines to convert revenue cabins to hold the additional crew required for these duties? Who is going to pay the millions of dollars required to do that, and who is going to pay a lot more for their cruise to make up the lost revenue fromn the cabins that were converted for crew use?

 

What happens to hundreds or thousands of panicking passengers when there are 50 or 100 wheelchairs and scooters blocking key escape routes?

 

You book a shore excursion on a cruise. The bus has 5 passengers in scooters, 4 in wheelchairs, and 30 who have no handicap. The tour is 5 hours long. Every time the bus stops somewhere, it takes 40 minutes to get the scooters and wheelchairs off the bus and another 40 minutes to get them back on. Do you want a refund?

 

A handicapped person takes a cruise with his scooter. The ship is ADA compliant when he boards in Miami. Unfortunately, most of the Caribbean, all of Mexico and South America, most of Europe, and just about all of Asia are not ADA Compliant - and most of these areas probably never will be. What do you expect the cruise line to do?

I speak to many handicapped passengers who blame me personally and my company generally because the Mexican Government does not make special provisions for them. I feel quite bad for them. But what do they expect me or my employer to do?

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Jim Gallup and just who are you and who is the employer you refer to?

 

for your information, while we take a scooter which is used on board we ALWAYS also take a wheelchair for going ashore. we have never encountered a shore excursion vehicle that would even take a scooter - foldup wheel chair yes and you do see some of those. any handicapped passenger who attempts to take a scooter ashore somewhere outside the US where it is not ADA compliant is either ignorant of conditions ashore or pushing their luck,:)

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Well, Jim Gallup, I will answer a few of your questions.

 

First off when you take a group shore excursion (or any type of trip) you will have to wait for the slowest person -- be it a wheelcahir-user, a mom with her baby or that one person who just has to spend an extra 10 minutes at every stop. That's the price you pay for group excursions and no, I don't ink folks are entitled to their money back if they have to wait for wheelers. If you want an excursion that will run on your time frame and you don't want to wait for anybody else, the book a private one.

 

As for the cruise lines and the adaptations we all (well most all of us) want, well the costs will most likely be spread out through all passengers. I have no problem with this -- it's what all businesses do. Hotels are required to put in accessible rooms, shuttles are required to provide accessible transport -- these costs are borne by all people.

 

Look at the demographics of our population -- we do need more accessible cabins and as baby boomers age we will need even more.

 

On the plus side -- more and more folks are writing and stating that they want more accessible cabins. MAybe the Access Board will listen.

 

Candy

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Well Jim Gallup, let me just add my two cents worth here.

 

I am a scooter user and have found that it is not a good idea to sign up for most ship's excursions. The Excursion Desk employees rarely know anything about what is offered beyond what they read that is in my cruise documents. Having done ship's tours a few times, and selecting carefully the least "arduous" choices, I have found as many as 50 stairs to climb, very steep hills, wonderful bus drivers who where willing to go the extra mile and people who thought I shouldn't be there at all.

 

Most ports on the islands I have been to and stops in Mexico, Costa Rica, etc have been at least partially accessible to me if I was willing to "go it on my own". So, that is what my DH and I usually do. The ships don't even provide accessible transportation into the nearest town - or, if they do it is VERY rare. We have learned to seek out the transporters on our own and are ALWAYS successful.

 

I must say that the ship's crew have always been most helpful when it comes to assisting me on or off the ship where assistance has been necessary. On those cruise lines that "allow it" they have also been very helpful with the tenders.

 

I have never seen an "automatic" door that could not be opened manually. Please correct me if I am wrong about this.

 

What more would I like the cruise lines to do?

1.Make transportation from the port into the nearest town available to everyone. If we can find willing transporters on our own then you know they are available.

2.Have some cabins that are accessible to wheelchair and scooter users that do not need a fully accessible cabin. i.e. they can walk enough to use a standard cabin and bathroom, but need wider doors and turnaround room in the cabin.

3.Restrict the issuance of the few handicapped cabins that are available to those that really need them. If that requires a doctor's prescription, so be it.

4.And make accessible cabins and/or doors available in all categories.

 

What would I like you personally to do? Try using a scooter for your primary transportation for three or four days, then come back here and post again. You may have a different attitude.

 

I will get off my soap box now,

IrisF

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If you hadn't guessed already, I have worked on cruise ships for many years. My employer's name doesn't matter.

 

I was forced to use wheelchairs, a scooter, and crutches for a 3 year period after a serious accident. Not nearly as bad as being confined permanently to one however. But I do have a lot of compassion for those who must use them.

 

Every week, I am responsible for the safety, comfort, and satisfaction of about 20 to 40 handicapped passengers AND about 2,500 non-handicapped passengers.

 

IrisF is a scooter user who realizes that it is not generally a good idea to take ship's shore excursions due to the difficulties she encounters. Unfortunately she is in the minority. The great majority of scooter users on my ship demand that we accommodate them regardless of inconvenience to all the other passengers, causing dangerous situations for the operation of the ship - or the impossibility of accommodating them in a primitive country.

 

And Iris, unfortunately we are now experimenting with automatic doors for our handicapped toilets. Guests often try to force them open, stripping the mechanism. Then it either will not close or will not open. It takes 2 or 3 crew to force it in case of emergency. Would you be willing to bet your life on the availibility of those 3 crew in a real emergency?

 

We often receive information that handicapped transportation is available in places like Mexico, Indonesia, and South America. More often than not, after we actually arrive there, we are told that the transportation actually never existed, "it's broken today", or is being used by someone else. Since the demand for this type of transport is quite limited, most tour operators in third world countries are reluctant to spend the large amounts of money required to furnish this sort of thing to such a small market. The cruise lines have very little leverage to force them to provide these things. Just like you , we are only guests in someone else's country. They do not operate by our rules.

 

The cruise lines do have larger cabins where wheel chairs and scooters can be accommodated. They are called Suites. Really large people often book suites when they just cannot fit in a standard cabins. Should handicapped cruisers receive a discount on suites? Should large people receive discounts on suites? I'm not even going to touch that hot potato.

 

You are absolutely correct that cruise lines should require proof that someone is handicapped before allowing him to book a handicapped cabin. We need a letter-writing campaign.

 

Queenie2. I wholehartedly agree that anyone on an organized tour should not complain about delays due to handicapped passengers. How would you like to spend a few weeks in my office while I meet with all those who do complain bitterly about this very subject and demand their money refunded? Of course they don't get the refunds after hours of negotiations. But then they do give poor ratings to the ship. These ratings reduce bonuses for the management and force us to waste endless hours writing reports and explanations to our head office - rather than using that time to take care of our passengers; handicapped and not.

 

And Queenie2. It seems that the 160,000+ members of CruiseCritic.com were not entirely supportive of this very important issue. Only 40 responses total?

What sort of support can we expect from the 1.2 million Americans who go on a cruise every month of the year?

 

leoandhugh,

Excellent point. I absolutely agree with your statement that anyone trying to take a scooter ashore in a non-ADA compliant country "is either ignorant of conditions or pushing their luck". But every week of the year I have anywhere from 10 to 40 passengers trying to do exactly that. When we point out that a wheelchair will not do so well on Puerto Vallarta's cobblestone streets or in beach sand, or that a scooter will not be allowed on a zip line tour, we get screaming, shouting, threats of lawsuits, personal attacks, spitting, cursing, punching. It never ends. What are we to do? If we make it easier for even more wheelchairs and scooters to come aboard ships, will this problem improve? Unlikely.

 

Last year in Hawaii, we had a blind couple sailing in a cabin. We provided every available handicapped device required by them. Then they insisted on taking a mountain climbing tour in Kona. This is a very strenuous tour that is quite difficult even for the sighted. They insisted and threatened legal action if we didn't allow them to go. The cruise line hired 6 mountain climbers at $1,000 each as escorts to literally carry these people up and down the mountain. Rather than the 6 hours the climb normally takes, this episode took 12 hours. The other passengers on the tour were rather upset at the long delay and demanded full refunds. They got them. The ship was delayed from sailing on time. We didn't miss the next port, but arrived quite late. Several hundred passengers demanded compensation. Many shore excursions at the next port had to be cancelled and refunded. In the end, the cruise line lost and spent over $150,000 on this fiasco. Is that fair? Who ultimately paid for the losses? The passengers. Is that fair?

 

Yesterday at the Captain's welcome reception, an elderly handicapped passenger lost control of her scooter and ran into 3 other passengers. We now have one broken foot and many scrapes and bruises. Who pays for this? The cruise line. Who pays us? You do.

 

Last cruise we had a "service dog" onboard. The owner of the dog left it unattended in his cabin most of the week.The dog bit the cabin steward who came to clean the cabin. Is this fair to the staff? Who pays for the medical bills? The cruise line. Who pays us? You do.

 

Last month on one cruise we had a group with 8 "service dogs". They were defacating and urinating allover the ship - indoors and out. Their owners did nothing to stop them. 2 passengers were bitten. One dog jumped into the swimming pool. We had to close it for the day to drain it, clean it, and refill it. There were dozens of complaints from passengers - all demanding compensation. Who pays for all of this? The cruise line - and then you.

 

As ships currently are required (by international law) to operate, scooters and wheel chairs are serious safety hazards. In any emergency situation, their very presence in ship's corridors or gangways (whether their occupants are in them or not) could cause any number of passengers to be injured or killed. Are we willing to gamble the safety and lives of many people in order to make handicapped passengers more comfortable on a cruise?

 

I remain wholeheartedly sympathetic to the plight of handicapped people. I will do anything possible to accommodate their special needs and ensure that they have a comfortable and enjoyable cruise with me. But we are talking about more than comfort. This is life and death. Are you willing to risk your own lives and the lives of others?

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Yesterday at the Captain's welcome reception, an elderly handicapped passenger lost control of her scooter and ran into 3 other passengers. We now have one broken foot and many scrapes and bruises. Who pays for this? The cruise line. Who pays us? You do.

 

I'm wondering why the cruise line paid f?. If indeed it was the scooter-users fault she should be liable for all med bills. I have to day that I don't know any scooter or wheelchair-user who would not accept personal responsibility for injury casued by their errors or actions.

 

Candy

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If you hadn't guessed already, I have worked on cruise ships for many years. My employer's name doesn't matter.

 

IrisF is a scooter user who realizes that it is not generally a good idea to take ship's shore excursions due to the difficulties she encounters. IrisF is also, like many handicapped people, determined to live as full a life as possible in spite of the difficulties that crop up. From what I see, I am not in the minority. Unfortunately she is in the minority. The great majority of scooter users on my ship demand that we accommodate them regardless of inconvenience to all the other passengers, causing dangerous situations for the operation of the ship - or the impossibility of accommodating them in a primitive country. If the difficulties were explained properly and honestly some people would choose not to leave the "safety" of their homes. Others would say, I'll do what I can and enjoy it!

 

And Iris, unfortunately we are now experimenting with automatic doors for our handicapped toilets. Guests often try to force them open, stripping the mechanism. Then it either will not close or will not open. It takes 2 or 3 crew to force it in case of emergency. Would you be willing to bet your life on the availibility of those 3 crew in a real emergency? On one of my cruises, many public toilets were equipped with automatic doors, in 17 days, I only ever saw one that needed maintenance and I reported that one to the crew. It simply wouldn't work on automatic, but the door could be opened manually with not too much extra effort.

 

... Since the demand for this type of transport is quite limited, (as Queenie2 said, there will be more of us in the future) most tour operators in third world countries are reluctant to spend the large amounts of money required to furnish this sort of thing to such a small market. So, then, if there were more handicapped on the ships to use the extra services, they would spend the money? The cruise lines have very little leverage to force them to provide these things.If the cruise lines worked together, they would have the leverage. However, I suspect there is an "insurance" issue here that we are not yet talking about. Just like you , we are only guests in someone else's country. They do not operate by our rules. If they want you to keep coming back and bringing them $'s they would make a few changes if the cruise lines asked them to.

 

The cruise lines do have larger cabins where wheel chairs and scooters can be accommodated. They are called Suites. Not all suites have wider entry doors however... if all the cabin doors were wider there would be very little to complain about for a lot of scooter/wheelchair folks.

 

leoandhugh,

Excellent point. I absolutely agree with your statement that anyone trying to take a scooter ashore in a non-ADA compliant country "is either ignorant of conditions or pushing their luck". IrisF refuses to be called ignorant of the conditions. Having a willing attitude is important. Do you see the glass as half full or half empty? Can I do EVERYTHING a fully able bodied person can do - no - can I still do alot - you bet! But every week of the year I have anywhere from 10 to 40 passengers trying to do exactly that. When we point out that a wheelchair will not do so well on Puerto Vallarta's cobblestone streets or in beach sand, or that a scooter will not be allowed on a zip line tour, we get screaming, shouting, threats of lawsuits, personal attacks, spitting, cursing, punching. It never ends. What are we to do? You could try offering one or two real excursions expressly for the handicapped in each port. If that doesn't fly, at least you will have tried to give this "small" minority a taste of the countries they are visiting. As things stand now, none of the excursions are really available to the handicapped. If we make it easier for even more wheelchairs and scooters to come aboard ships, will this problem improve? Unlikely. Only if attitudes change.

 

Last year in Hawaii, we had a blind couple sailing in a cabin. We provided every available handicapped device required by them. Then they insisted on taking a mountain climbing tour in Kona. .....Is that fair? Of course it isn't fair. And, if your company had been smart they would not have "caved in" to their demands re that excursion. How much more could it have cost the cruise line than what you say they spent anyway? There are times when it pays to say, "so sue me!" Had they been willing to foot the bill for the extra attendents, etc. they could have arranged for that as a private excursion. Surely you went above and beyond to make it possible for them - why? When I can't even talk you into having transportation from the port into the town.

 

Yesterday at the Captain's welcome reception, an elderly handicapped passenger lost control of her scooter and ran into 3 other passengers. We now have one broken foot and many scrapes and bruises. Who pays for this? Of course the scooter user should pay, not the cruise line. How is it the cruise line's fault? The cruise line. Who pays us? You do.

 

I remain wholeheartedly sympathetic to the plight of handicapped people. I will do anything possible to accommodate their special needs and ensure that they have a comfortable and enjoyable cruise with me. But we are talking about more than comfort. This is life and death. Are you willing to risk your own lives and the lives of others? This seems a bit overly dramatic to me. It seems like I am more at risk from some of the pax that drink too much than I am from the disabled.

IrisF

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