Disabled Travellers Rights

Wheelchair Access Whilst On Holiday & General Travel Advice

See Also Helplines For Disabled Travellers

See Also General Conumer Rights Information For Travellers

 

Information Advice And Guidance On Travelling Abroad From The UK Trading Standards – Travel Rights For Disabled Travellers And Holidaymaker’s / Tourists

Important Note: West Sussex County Council, Trading Standards Service has prepared this information for the guidance of Euromost visitors. The information given cannot be regarded as an authoritative interpretation of the law. Visitors with specific complaints or issues should contact their local Trading Standards Office for relevant advice.

Find your local Trading Standards Office.

 

Package Holidays & the Disabled Traveller

Package holidays can offer the traveller a cheap and easy way of visiting foreign destinations. Can the disabled traveller take advantage of such holidays being offered by the high street travel agents?

Yes, is the answer, but there are problems to overcome if the benefits offered by such holidays are to be enjoyed.

The information in this article is intended to help you to minimise some of these potential problems.

Who Qualifies As Disabled?

Figures from the newly-formed government department, the Disability Rights Commission (‘DRC’), estimate that one in seven of the British population is disabled. It may help to consider that the Disability Discrimination Act 1995 provides a broader definition of disability than has been conventionally used. A disabled person is “someone who has a physical or mental impairment that has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities”. Note the distinction here of long-term as opposed to permanent. By way of example, a man who contracted skin cancer on holiday was classified disabled by the DRC.

Effect of the Disability Discrimination Act -DDA

Part three of the DDA allows disabled people to challenge discrimination by the providers of goods, facilities and services. This could be at the point of booking or on arrival at the destination. The DRC has brought a number of successful cases on behalf of the community and its details are provided in the contacts section below, should you feel you have been unfairly treated on the basis of your disability. Note that, since October 2004, landlords (including those who rent holiday cottages) will be required to make reasonable adjustments to physical features of buildings to make them more accessible.

Destination Choosing your destination and a suitable resort is the first step to any successful holiday. To ensure your choice is right for you, it is worthwhile doing some research on the country and area to be visited- paying special attention to key areas such as the following:

Terrain – the accessibility to hotel, beach, shops, and places of special interest. climate – the type of temperatures to be expected when you are intending to travel, remembering that high temperatures can exacerbate some conditions.

Transport – how easy will it be to get around in the area and resort being visited? Is suitable transport easily available?

Access to medical facilities if required how close is a major town and how long would it take to reach?

In an emergency – how easy would it be to get home? Will the tour operator arrange travel tickets and transport or will I have to make my own arrangements? Who will have to pay any extra cost? Do I have adequate insurance coverage? Or, if the destination is within the EU, do I have a valid E111?

Relevant up-to-date information can be difficult to find, but most countries have an Embassy or Tourist Information Centre in the UK, which will be able to give you information on the country and any health requirements. See Euromost Consulate Info. Some will also be able to provide lists of hotels that offer facilities for disabled travellers.

Your library should carry some publications with specialised information for the disabled traveller, and it is worth asking your travel agent to help you with your research, as agents do carry information on resorts and hotels offered in all the travel brochures. The standard brochures can be of some help, as the photographs they contain can give clues to the resort and its terrain.

Many also give a guide to the average temperatures that can be expected. However, do not rely on the brochures alone for your information.

Once you have decided on your preferred destination, book as early as you can to ensure that the hotel of your choice is available and you do not have to settle for second best.

Booking Your Holiday

An increasing number of tour operators claim to cater for the disabled traveller, but this is only by way of reference in their brochures to clients with special needs, and referring to special requests. The problem here is that the tour operator will not guarantee that special requests will be met. There are, however, a number of tour operators, hoteliers and transport agents who will make every effort to accommodate disabled clients, but insist that specific requirements are put in writing.

It is therefore advisable, before paying a deposit and booking the holiday, to put in writing to both the tour operator and the travel agent your specific needs. You will need to outline the help you require when travelling and the facilities necessary at your hotel and destination. It is essential that you are completely honest about your disability, its effect and the limitations imposed by it.

Extra Help: If extra help is needed on the journey, you should state exactly when and where such assistance will be required. The special facilities you may need at your hotel should be clearly defined, e.g. ground floor room.

Try to find out whether there is a person/organization at your destination who ensures that accommodation is compliant with local codes, or whether a particular carrier or tour operator uses a key to show particular holidays which will be more suited to the disabled traveller.

Check that the resort has handrails or particular accessibility, as required, but remember to be reasonable about a particular destination. For example, Greece is hilly and some of the smaller islands won’t have taxis to take you to your destination.

Wheelchairs:

If you are a wheelchair user, you should include the measurements of the wheelchair to ensure that access is available to your accommodation, and that there is sufficient space in the bedroom and bathroom for you to manoeuvre. You should request confirmation in writing from the tour operator that your requirements will be met. This form is part of your holiday con- tract and necessary evidence if things subsequently do go wrong.

EU Legislators Give Make Wheelchairs Users Access To All Air Travel

The European Parliament has introduced new legislation that will enable disabled passengers to board planes.

The new rules place a statutory obligation on airport authorities to assist disabled persons board planes thus removing the grey areas in honouring this which until now has been shared between the airport and the carrier. The new rules will make it illegal to for an airline to refuse booking or boarding to anyone disabled.

One aspect of the legislation which will have to ratified by the European Council of Ministers before becoming law is that any assistance rendered cannot be charged to the person it is given and the assistance has to be available at both the airport of departure & airport of arrival.

Deep Vein Thrombosis (DVT)

If you are flying, you may want to consider whether your particular condition makes you more susceptible than other travellers to DVT. If so, consider requesting a seat which will afford you more space, and take the recommended precautionary measures of moving where you can and drinking lots of water. It is crucial that you do this because, to date, the airlines have refused to take responsibility for incidences of the condition because, in their view, it does not qualify as an unforeseen event under the Warsaw Convention.

Travel insurance: Travel insurance requires special attention, as the majority of insurance policies offered by travel agents contain exclusion clauses that make them totally inadequate for the disabled traveller.

The exclusion clauses include no cover for medical treatment for pre-existing conditions, or only cover the cost of treatment appropriate to the country being visited. Loss or theft of any specialised equipment taken is also omitted and there may be an age exemption.

It is therefore very important that you check any policy being offered by your travel agent for such clauses. If the policy does not cover all your requirements, ask the travel agent to check with the company involved to find out if they will offer you the cover required, but be prepared to pay a higher premium for the extra liability. If they cannot, there are companies that specialise in travel insurance designed especially for the disabled traveller.

Remember, if you are using another company’s insurance, the details of the policy will be required before your booking can be confirmed by the tour operator.

In the event that you feel an insurer is refusing to pay out on a claim where it should, you may contact the underwriter first. If the appeal is unsuccessful, refer it to the Financial Ombudsman Service for further consideration (details in the contacts section). Exclusion clauses may not be valid if they were not pointed out to you, and the Service makes a distinction between pre-existing conditions and pre-existing symptoms.

Transport

Travelling By Air: If flying, the airlines do require prior notice of any passengers who have special needs. It is important that this information is passed on to the airline when the flight is booked. For example, they can accommodate particular dietary requirements, so that if you are diabetic you will be provided a low-sugar meal and may be served ahead of other passengers.

Different airlines have adopted different practices regarding disabled passengers so it is important to check the policy of the airline with which you will be travelling. Your travel agent should be able to help you in this matter, but if in doubt contact the airline direct. There is a form issued by the airlines, called the Incapacitated Passengers Handling Advice form (INCAD), which the passenger fills in and returns to the airline concerned. This should ensure that the journey is trouble free regarding suitable seat allocation, boarding and leaving the aircraft.

Airport facilities are the responsibility of the airport management and not the airlines, and facilities do vary. Most UK airports have disabled facilities and access to duty free shopping areas. In relation to airports abroad, it is difficult to obtain the necessary information as to facilities provided, including help with boarding and leaving the aircraft. Only by contacting the airport directly can you ensure that the facilities you require are available. The major airlines may be able to provide these details on the larger foreign airports.

Travelling By Ferry & Car: Ferry companies that operate to Europe have incorporated good facilities for their disabled passengers on their newer ships, and if you wish to take your car or camper van, there can be substantial fare reductions for members of disabled drivers’ motoring organisations (DDMC & DDA).

In Northern Europe there are parking arrangements for blue badge holders, similar to those in the UK, and motorway services with disabled facilities are increasing. Several countries will supply lists of those available, making it easier to plan your route.

Travelling Around Your Resort This can cause major problems, as most public transport is not designed with the disabled individual in mind. Taxis are always an option, but even though fares in many countries are cheaper than in the UK, when used on a regular basis the cost will soon mount up. Car hire is a possible option, but again this does depend on your destination and if a suitable vehicle is available. You may also find that insurance could be problematic.

Travelling From HomeTo Your Departure Point: If you require help with travel to and from your point of departure, there are a number of organisations that are able to give up-to-date information on this subject, and will be able to help organise your transport (see contacts section).

Holiday Helpers: If anyone wants to travel, but is unable to do so because they need help in some areas, and have no one who can travel with them, it may be possible to engage a ‘helper’ to accompany them. If you are considering this type of help, there are organisations which specialise in matching up individual holiday-makers with a suitable helper.

The most important factor in these matches is that both the disabled person and the potential helper are frank and honest in what they expect from each other.

Medical Matters: The majority of disabled travellers should not require medical clearance prior to flying, although it is possible that passengers could be asked to provide proof of medical fitness before the airline will allow them to board the aircraft. In order to cover this eventuality, disabled travellers with stable medical conditions should obtain a ‘Frequent Travellers Medical Card’, which is issued by most of the major airlines and will be accepted as proof of fitness to fly.

When travelling to countries which require a visa, problems can arise when applying, and again proof of medical fitness may have to be provided before the visa is issued. It is therefore important that, if a visa is required, you allow sufficient time prior to travelling for your visa to be granted.

Specialised Equipment: Your research should have made you aware of the conditions that you are likely to encounter during your trip. It will, therefore, be possible to ensure that any equipment you may require is taken with you. If using electrical equipment, check the voltage used in the country to be visited, so you take the correct adapters.

If you use a wheelchair, it is a good idea to take an emergency repair kit and spares. These should be carried in your hand luggage. Also check with your tour operator if the representative in your resort will be able to offer assistance in the case of an emergency, and if any of your equipment will be subjected to additional baggage charges from the airline concerned.

Equipment Lost or Stolen In Transit: If you have organised flights separate from a package and the carrier misplaces some key equipment, compensation will be awarded at the levels determined by the Warsaw Convention. Exactly what you receive, since it is based on weight only, may fall far short of the cost of replacement of the goods not to mention the inconvenience suffered for which the Warsaw Convention also does not provide.

Levels of compensation under the Hague and Athens Conventions, which cover sea travel, are even lower. If you are travelling as part of a package, you may have a claim against the tour operator, but again this will not help in the short-term. If the equipment is not too cumbersome, take more than you might need and ensure you have a travel insurance policy which will cover you for such eventualities.

Your Health & Medication: It is important that you carry sufficient medication for the duration of your holiday. This should be kept in your hand luggage for easy access during the journey – any back-up medication can be placed in your suitcase.

You should also carry a letter from your doctor, explaining your condition and giving a list of your prescribed drugs. This should be clearly written, using standard, not trademark names in case it is necessary to consult a doctor whilst on holiday – when the language could present a problem and a clear understanding of your drug regime and your disability is essential. A letter can also be useful if you are asked to explain the presence of drugs in your luggage. see Euromost Airport Security Measures.

It may be prudent too, if you’re travelling abroad, to take a dictionary, or to translate some words before you go, so that you can explain key terms in an emergency. At a hospital, there may be a doctor who speaks English, but that cannot be presumed for all emergency medical staff.

In addition, a basic first aid kit should be taken, the contents of which will depend on your destination, but it is worth remembering that insect bites, diarrhea and sun burn can ruin a perfect holiday. Do consider taking a sterile kit which contains not only emergency medical supplies but also dental supplies. These kits are easily obtained from chemists, your own doctor and travel clinics, and provided they are not opened will remain sterile for a number of years.

Lastly: Remember to consult your doctor regarding any vaccinations that may be required and if a course of malaria tablets is needed.

Recap: Research your destination. Confirm your specific requirements in writing with the tour operator prior to booking your holiday. Choose a travel agent who is sympathetic to your needs and is willing to ensure that all your requests are passed on to the relevant agents involved in the holiday. Be honest with both the tour operator and the travel agent with regard to your disability and your limitations. Prior to travelling, check with the tour operator that your specific requirement will be available both en route and at your destination, and have this confirmed in writing. Check with the airline that any requests have been noted and will be met.

Checklist Of Information Advisable To Give To Your Tour Operator:

Name and nature of disability. The effects/limitations of your disability.
Details of any other conditions requiring treatment. Any sight problems.
Any difficulties with speech/hearing. If so, what type of communication is used, e.g. lip reading, sign language (many airlines have at least one attendant fluent in Makaton). Special dietary requirements.

The names of any medication you are taking. Name and address of your doctor, and whether you are willing to have the doctor contacted, if necessary. Details of any help needed en route , e.g. assistance at the airport and transfer assistance from airport to hotel. Facilities required at the hotel. Emergency contacts, name and telephone no’s.

Checklist Of Information Advisable To Give To Your Airline:

Check if the airline will allow disabled passengers to travel alone. The Disability Discrimination Act does not apply to aircraft or cruise ships. Passengers have unsuccessfully challenged rulings by ship operators who are entitled to restrict the number of disabled passengers travelling on the basis of marine law embodied in the Hague Convention.

Check the necessary medical clearance required, if any. Check what facilities the airline is able to offer, regarding seating and toilet arrangements – an aisle seat may be requested several days ahead but cannot be guaranteed. Likewise, a request may be made for a bulkhead seat to afford you more room but, as a matter of policy, many airlines won’t allocate these seats to travellers with certain disabilities, including the visually impaired, because they are situated adjacent to emergency exits and passengers are expected to help in the event of an accident.

Check if any specialised equipment needed can be carried, and if it would be classified as excess baggage. State what kind of help is required in the aircraft, at the departure and arrival airport at your destination, and at any intermediate stops.