Lawyers to the travel and leisure industry travellers’ checks Autumn 2003 contents Meeting the needs 1 of disabled customers School trips - 4 a question of safety Tomlinson -v- Congleton 5 Borough Council & Cheshire County Council Corporate Governance Update 7 Legal Update 8 New laws on “Split Contracts” Welcome to the autumn edition.... Meeting the needs of disabled customers Consumer safety has long been a priority for all our readers and is The main provisions of the Disability disability unless there is justification for the focus of this issue of Discrimination Act 1995 ("DDA") doing so under the DDA. It is already travellers' checks. We comment became effective in December 1996. a requirement to:- The final provisions of Part III, the duty on last month's gaoling of school to make adjustments, come into force ! Make reasonable adjustments to teacher Peter Ellis following the in October 2004. practices, policies or procedures death of a ten year old in his which make it difficult for disabled school tour, Max Palmer. We also The DDA is the first comprehensive people to use a service; and analyse the duty on tour piece of legislation designed to operators to inspect premises in address the issue of discrimination ! Provide aids or services which the light of recent cases. against people with disabilities. The would make it easier for them to With the help of our guest DDA is not just about wheelchair use a service; and contributors Peter Huntingdon, users, ramps, wide doorways and Chief Executive of Transfed, and accessible toilets - fewer than 10% of ! Provide a reasonable alternative David Phillips of the charity disabled people, are wheelchair users. method of making services Holiday Care, we look at the It is more about the way disabled available to disabled people where impact of future changes in the people are treated. a physical feature makes it law for service providers and impossible or unreasonably difficult suggest steps you should be It is unlawful to treat a person for disabled people to make use of taking now. unfavourably by reason of their the service. www.ngj.co.uk
travellers’ checks From 1 October 2004 service providers ! Train your employees on DDA the DDA but may be subject to future will have an additional duty to:- generally, and how to deal with legislation). Specialist charities such as requests for a reasonable Holiday Care can provide more ! Remove, alter or provide a adjustment information about making the reasonable means of avoiding necessary changes. physical features (or a reasonable Leaseholder alternative method of making the ! Check your lease to see if it However, catering for disabled service available) which make it provides that alterations may customers isn't just about premises. impossible or unreasonably difficult be made with or without Travel agents, tour operators and UK- for disabled people to use their consent - if not DDA will imply based airlines all need to review the service. such wording way in which they handle enquiries from disabled customers - not only It is important to understand the ! Apply now to your landlord for through shops, but also via the extent to which changes to premises consent to allow plenty of time internet, reservations offices and may be required and how to for approval direct line sales. implement any changes if you are a freeholder or leaseholder. The duty to We asked David Phillips of the charity The web is an increasingly powerful make physical adjustments applies to Holiday Care, to comment on the new business tool both for the premises in the UK whether held provisions in the light of the needs of information, which it makes available, freehold or under a lease and covers, disabled customers. and the transactions, which it for example, retail outlets, offices, facilitates. So giving disabled airports and ports. Small businesses Since the Disability Discrimination Act customers equality of access to this with fewer than 20 employees have (DDA) was introduced in 1996, much service is important. The way in been exempt from DDA requirements, has been written in the travel press which business websites are but from 1 October 2004 this about meeting the needs of disabled developed has considerable exemption will no longer apply. customers. But this year in particular significance for visually impaired it is more important than ever to customers, for example, as they rely We recommend you start considering review what is being done to meet upon a Microsoft-friendly text reader what physical adjustments may be the needs of those who have specific to scan and read the text to them. required to your premises now. The access requirements, as 2003 has There are a number of systems that points you should be thinking about been designated the 'European Year can be used to check how user- are as follows:- of Disabled People'. friendly a site is - e.g. 'Bobby Approved'. All Premises In addition, in October 2004 the final ! Consider a disability audit of phase of Part III of the DDA will be Accuracy of information given to your premises - a non introduced in the UK. This will require customers is a priority for all travel exhaustive list of adjustments all providers of goods and services to businesses and this applies equally to which may be needed would have considered what adaptations to disabled customers. For example, the include widening doorways, premises might be reasonable to means by which data about suitably installing ramps, including facilitate access by disabled customers, accessible accommodation is collected tactile buttons in lifts, changing including those with sensory and disseminated is critical in this levels of light and other impairment. In a travel context this respect. If a wheelchair user requires switches or handles means that retail agencies, UK termini a ground floor room, it is vital to (including airports) and tour operators ensure that such a room really does ! Obtain the views of disabled with public access will all have to exist and that this is recorded as a customers - they know best consider these issues (means of requirement for the holiday and not what hurdles they face transport are currently exempt under simply a request. Enquiries should be 2
Autumn 2003 made about the suitability of transfers between the airport and the chosen accommodation as some 'package' arrangements may include a transfer using a vehicle that has several steps to gain access. If this is part of the 'package' then an alternative and accessible means of transfer will need to be provided. Consideration should also be given to the accessibility of excursions. Holiday Care provides a primary source of reference to disabled people wishing to travel in the UK and to some 40 overseas destinations. It also provides a consultancy service to the travel industry to help businesses meet the needs of disabled customers and the law has changed (October 2002) produce a high quality product that to review their operations in the light to include duties affecting the fully meets the industry's training of the DDA. conduct of coach and bus drivers and needs. conductors, and the number of fully Holiday Care, 7th Floor Sunley House, accessible DDA - compliant buses Companies representing urban, inter 4 Bedford Park, Croydon CR0 2AP equipped with accessible features urban and rural services have been Information Helpline: 0845 124 9971 continues to grow. identified and filming began at the Travel Industry Advisory Services: beginning of October. It is hoped that Tel: 0845 124 9974; With this in mind, there is a clear both the video and the amended Email:holcare.consult@virgin.net need for up to date training material guide will be ready by the end of Web: www.holidaycare.org.uk to help PCV operators and drivers November. understand and comply with legal 'Bobby Approved' - Contact: duties and responsibilities. It is the TRANSfED plans to produce sufficient Watchfire International Headquarters, intention of the Department for copies for all bus operators to receive 211 Piccadilly, London W1J 9HF Transport and the industry, through a free copy for each of their operating Tel: 020 7917 2962; TRANSfED, to update both the video bases together with a copy of the Web: www.bobby.watchfire.com. and the guide and initial estimates are guide. All 3,000 of the print made in that this will cost in the order of 1999 have now been distributed and We also asked Peter Huntingdon, £65,000-£70,000. it continues to be widely used within Chief Executive of Transfed to the industry. Additional copies of the comment on its response to the DfT will be making a financial video and the guide will also be changes. contribution to the project but we are available at a minimal cost to all also keen to secure financial input companies and organisations who It is four years since the video "It's a from the industry. The initial response have an interest in this subject. Bloody Nuisance" and training guide has been encouraging and we are were launched by TRANSfED, the now well under way with the project. Expressions of interest should be sent training arm of the Confederation of However, it is not too late for to John Smith c/o TRANSfED, Regency Passenger Transport, at Coach and contributions from all interested House, 43 High Street, Bus 1999. In the intervening period associated companies, so that we can Rickmansworth, Herts WD3 1ET. 3
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