ADA rules for hotel accommodations?

[carymomof3]

I'm hoping someone here can help. I'm trying to book a one-night stay at a Hampton Inn for myself, DH and 2 DS. Youngest is physically disabled and in a power wheelchair. The manager says the accessible rooms are king-only. He says I can book - and pay for - two rooms or I'm out of luck. It was my understanding that we had to be treated equally with cost and number of beds as is reasonable. This is my first go-round with this. We are usually traveling as a party of 5 and thus I understand why I would have to book two rooms. But for 4 people, can he legally require me to pay for two rooms when there are rooms available, he just doesn't want to comp one of them? TIA.

 

[bookwormde]

If they have non disable rooms which would accommodate your party and do not have rooms which will accommodate you with a disabled individuals then they are required to provide you will equivalent accommodations for the same price.

The only caveat is that if the rooms that would accommodate you are “sold out” from other families with disabilities then that is a different situation.

I would think that Hampton corporate headquarters would have a disability officer so contacting them is a good place to start.

You can also call back and get the senior manager and get his name and business address for the hotel and let him know that you are going to file a formal ADA complaint.

bookwormde

 

[carymomof3]

If they have non disable rooms which would accommodate your party and do not have rooms which will accommodate you with a disabled individuals then they are required to provide you will equivalent accommodations for the same price.

The only caveat is that if the rooms that would accommodate you are “sold out” from other families with disabilities then that is a different situation.

I would think that Hampton corporate headquarters would have a disability officer so contacting them is a good place to start.

You can also call back and get the senior manager and get his name and business address for the hotel and let him know that you are going to file a formal ADA complaint.

bookwormde

Thank you! I was speaking to the "manager" and have asked that the general manager call me tomorrow. If I don't get anywhere with him, I'll call Hampton corporate. This really shouldn't be that hard ....

 

[carymomof3]

I am getting nowhere with this. I've spoken to the general managers of two Hamptons, neither of whom are willing to accommodate me. I called corporate and was sent to Guest Services, who clearly have no idea how to handle this. The person I spoke with said there "was no policy" and that it was handled on a hotel-by-hotel basis. I was told there is not a person in charge of disabilities. What now? I am beyond frustrated.

 

[Mary976]

While I have a good idea of general ADA requirements (DD uses a manual chair) every once in awhile some loophole that I had never heard of will pop up. While this sounds sketchy to me, who knows as to if it something that has to do when the hotel was built, how old it is, how many rooms, etc. Although I'm unimpressed that they don't have a standard policy or anyone who seems helpful. Hopefully, someone here will have some good advice for you. All I can say is that you have my sympathy. We have run into similar situations in the past, and there have been occasions when I *KNEW* I was right, but if DD can't be accommodated, then we've had to do change our plans.

Good luck. I hope you get some resolution.
Mary

 

[Schmeck]

Here's the ADA site for hotels (section 9)

http://www.access-board.gov/adaag/html/adaag.htm#4.1

but it does not give any info about comping a room. Anyone else know where that info is? There is info on this site about how many rooms have to be ADA, and how many have to have the roll-in shower. Not many, according to the chart provided.

 

[Michigan]

You can give them these two examples where the hotels lost when taken to court over accessible rooms only having one bed. Let them know you will be happy to file a suit but as they can see they will lose.

b. i) In order to provide individuals with disabilities
a range of option equivalent to those available to
other individuals served by the hotel, including
the opportunity to stay in a sleeping room with
two beds, Johnson Creek Hospitality shall provide
to any guest with a disability who requests an
accessible room with two beds, one of its
accessible rooms (each of which has only one bed),
and an adjoining room (with one or two beds), for
the price of one room with two beds. Johnson
Creek Hospitality shall insure that all of its
front desk personnel are aware of this requirement
and comply with it. Complying with this
requirement will require Johnson Creek Hospitality
to reserve, until all other rooms are rented, not
only its accessible rooms, but also at least one
standard room adjoining an accessible room, so
that the option of an accessible room with two
beds will remain available to individuals with
disabilities.

http://www.usdoj.gov/crt/foia/diwi1.txt


The next one is from June-Sept 2001
• A wheelchair users husband alleged that a California hotel offered only king beds in its thirteen wheelchair accessible guest rooms. The complainant required an accessible room with additional beds to accommodate his wife and three children. The hotel agreed to adopt a policy to provie additional connecting rooms, if available, at no additional charge. If no adjoining room is available, the hotel agreed to provide roll-away beds in the accessible room or, if necessary, find a room at another hotel that has a wheelchair accessible room with multiple beds. The hotel also agreed to pay the complainant $2,500.

Cindy

 

[SueM in MN]

Here's the ADA site for hotels (section 9)

http://www.access-board.gov/adaag/html/adaag.htm#4.1

but it does not give any info about comping a room. Anyone else know where that info is? There is info on this site about how many rooms have to be ADA, and how many have to have the roll-in shower. Not many, according to the chart provided.

That publication is basically an engineering and measurement document that tells what is needed to be in compliance with the guidelines about accessibility.

One of the basic ideas of the ADA is that someone can't be charged more to get the accommodations they need because of a disability. If you need space for 4 people to sleep in beds and would not be able to get that in one room because of your need for accomodation, then the motel needs to figure out some way for 4 people to sleep in that accessible room. That doesn't always mean comping another room. It could mean putting 2 roll away or cot beds into the accessible room.
I'd suggest these:
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Disability Rights Section - NYAV
Washington, D.C. 20530

www.ada.gov

(800) 514-0301 (voice)
(800) 514-0383 (TTY)

It's hard to tell from the Hampton website what services they provide for people with disabilities; you don't get anything by searching except listings for individual hotels saying what kind of accommodations they have. It's possible that some of the Hampton hotels are owned by Hampton/Hilton and some are individually owned franchises. That might be why they told you that the manager at each site decides.
I'd suggest contacting this number for Hampton (if you haven't already). It was listed as the place to comment about a recent stay. Since people would contact them with positive and negatives, they might be more able to help steer you in the right direction:
Comments about a recent stay at a Hilton Family hotel? Send us an email or call 1-800-HAMPTON (1-800-426-7866) and ask for Guest Assistance.

EDITED TO ADD: I was typing when Michigan posted. I had found some similar things, but didn't post them because the ones she posted were more pertinent. I would suggest contacting Hampton Inn national with the information she posted.

 

[bookwormde]

Here is a link to a voluntary agreement Hilton made for another one of their hotels.

http://www.ada.gov/hiltonnytower.htm

There are several others so you can be sure they have someone in charge of ADA

I have never seen a franchise agreement, which does not include a clause that says that the franchisee, must meet all federal and state laws and standards. Once Hilton becomes aware of a violation and does not enforce their franchise agreement, they bring a significant level of liability upon themselves.

It is unlikely that a hotel that was built before 1994 would not have undergone significant renovation, which would not have required them to become compliant.

Here is the main contact info for Hilton

Hilton Hotels Corporation World Headquarters
9336 Civic Center Drive
Beverly Hills, CA 90210
310-278-4321 phone

bookwormde

 

[SueM in MN]

I have never seen a franchise agreement, which does not include a clause that says that the franchisee, must meet all federal and state laws and standards.

I didn't mean to imply that possibly being a franchise hotel might get a business 'off the hook' in terms of following the ADA or any other laws or standards.
It is the responsibility of the 'parent' company to make sure that all managers/franchisees know the law and how to comply with it. What I meant was that if each hotel is different in terms of their construction and design, it may be up to the individual hotel to determine exactly what 'tools' they have to meet the law and how they will meet it. That information might not be known to the general reservation number.
The individual hotel managers that the OP spoke to should have been able to help though. I also noticed that she did speak to someone in Guest Relations; I am surprised that no one there was a aware of who to contact in the organization for Special Needs questions. I would try Guest Relations again and ask for a supervisor.