1. The parties to this Agreement are the United States of America and Bass Hotels & Resorts, Inc. The parties hereby agree as follows:
2. "ADA" means the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and its implementing regulations issued by the United States in effect on the date of the execution of this Agreement.
3. "Accessible" rooms or accommodations means rooms or accommodations readily accessible to and usable by persons with disabilities, as "readily accessible to and usable by" and "disability" are defined by the ADA and regulations promulgated pursuant to the ADA.
4. "Best efforts" means taking appropriate and all necessary steps to fulfill the requirements imposed by this Agreement, including, but not limited to: amending BHR Standards Manuals and providing training resources to enhance the ability of franchisees to take steps necessary to comply with this Agreement; establishing written procedures for Reservation Sales Agents; and training Reservation Sales Agents to respond appropriately and in conformity with this Agreement when responding to prospective guest inquiries regarding accessibility.
5. "BHR" means Bass Hotels & Resorts, Inc., the transferee in interest to the license agreements, trademarks and service marks of Holiday Inns, Inc. BHR granted a Master License Agreement to its affiliate, Holiday Hospitality Franchising, Inc. ("HHFI"). HHFI currently issues license agreements in the United States.
6. "Designated Accessible Guest Room" means any room that has been designated by a Holiday Inn hotel as being accessible to persons with mobility impairments and/or to persons with hearing impairments. Designated Accessible Guest Rooms do not necessarily comply with all relevant ADA Standards.
7. "Holiday Inn hotel" means any hotel or other facility that uses the registered marks of BHR within the United States, including "Holiday Inn," "Crowne Plaza," "Crowne Plaza Resort," "Holiday Inn SunSpree Resort," "Holiday Inn Select," "Holiday Inn Hotel & Suites," "Staybridge Suites," "Holiday Inn Express," or "Holiday Inn Express Hotel & Suites."
8. "Holidex" is the current trade name for the reservations system established and operated by BHR, which provides a nationwide service through which persons may call a toll-free number to reserve lodging at any Holiday Inn hotel.
9. "Reservations Sales Agent" refers to any person employed by BHR at its three Reservations Centers who has direct computer access to Holidex for the purpose of reserving accommodations for potential guests at Holiday Inn hotels.
10. "Rules for Operation" refers to the documents bearing this title, or any current equivalent, issued for the various types of Holiday Inn hotels enumerated in Paragraph 7.
11. "Standards" means the provisions of the ADA Standards for Accessible Design, 28 C.F.R. pt. 36, Appendix A, in effect on the date of the execution of this Agreement.
12. "Standards Manual" refers to the documents bearing this title, or any current equivalent, issued for the various types of Holiday Inn hotels enumerated in Paragraph 7.
13. "Title III" means specifically Title III of the ADA, 42 U.S.C. §§ 12181-12189 (1990), and the implementing regulations in 28 C.F.R. Part 36 and Appendix A in effect on the date of the execution of this Agreement.
14. BHR is incorporated under the laws of the State of Delaware, and does business in all fifty of the United States of America, the District of Columbia, and the Commonwealth of Puerto Rico. BHR's principal business is to license, currently through HHFI, the use of Holiday Inn trademarks to hotels in the United States that use the registered marks listed in Paragraph 7, above. Secondarily, BHR owns, manages or leases certain hotels in the United States that use the registered marks listed in Paragraph 7, above. BHR is wholly owned by Holiday Corporation, a Delaware corporation and subsidiary of Bass U.S.A., Inc., a Delaware corporation.
15. The United States represents that it has received complaints under Title III, alleging discrimination on the basis of disability in connection with room reservations at a hotel located in the following cities: Half Moon Bay, California; Key West, Florida; Atlanta, Georgia; Bar Harbor, Maine; Memphis, Tennessee; San Antonio (Riverwalk North) (two complaints), Texas; San Antonio (Crockett Hotel), Texas; Williamsburg, Virginia; Evanston, Illinois; and Council Bluffs, Iowa. The complaints included allegations that (a) reservations for accessible rooms could not be guaranteed through Holidex; and (b) information about a hotel's particular accessible accommodations was not available through Holidex, or the information which was given by Reservation Sales Agents about accessibility was inaccurate. The United States has investigated those complaints, pursuant to the authority granted by 42 U.S.C. § 12188(b) and 28 C.F.R. § 36.502.
16. Certain complainants allege that through Holidex, they could guarantee room reservations for non-accessible rooms, but were not permitted to guarantee reservations for accessible rooms. As a result, persons with disabilities could arrive at a Holiday Inn hotel and find they were unable to obtain accessible rooms even though they had called for reservations.
17. Through Holidex, information about hotel features, including accessibility features, is supplied to BHR by individual hotels. Specific details are not easily determined without BHR calling the hotels. BHR has not in the past verified such information about Holiday Inn hotels to ensure that information about accessibility is accurately and uniformly reported, and BHR continues, in many instances, not to verify such information. Certain Complainants allege that they could not verify information about a specific hotel through Holidex, and that Complainants' reservations for rooms satisfying a guest's accessibility requirements were not guaranteed by Reservation Sales Agents.
18. During the pendency of this investigation, BHR has modified its reservation system to provide more accurate information about accessible accommodations through Holidex and to allow individuals who request accessible rooms to guarantee their room reservations through Holidex. These modifications to Holidex will better afford equal enjoyment of goods, services, facilities, privileges, advantages, or accommodations of Holiday Inn hotels to persons with disabilities who require accessible rooms. The United States contends that these modifications to Holidex policies to allow persons who require accessible rooms to guarantee those rooms have not fundamentally altered the nature of the goods, services, facilities, privileges, advantages, or accommodations of those Holiday Inn hotels. Attached hereto as Exhibit A is a copy of a document memorializing such modifications.
19. The United States represents that it has received additional complaints, since the modification of BHR reservations policies, alleging that available accessible rooms could not be guaranteed, and that potential guests could not obtain accurate information about accessibility features.
20. This Agreement is not and shall not in any way be construed as an admission by BHR of any unlawful or wrongful acts whatsoever. BHR denies that it or any of its current or former employees or agents has violated the ADA, and enters this Agreement as a means of reaffirming its commitment to equal access to its facilities for all guests of Holiday Inn hotels.
21. All Holiday Inn hotels in the United States are places of lodging and are thus places of public accommodation within the meaning of 42 U.S.C. § 12181(7)(A) and 28 C.F.R. § 36.104. BHR owns and operates Holidex within the United States. The United States contends that BHR is a public accommodation within the meaning of 42 U.S.C. § 12181(a) and 28 C.F.R. § 36.201(a).
22. The United States asserts that BHR's operation of Holidex, described above, constitutes a failure, in violation of 42 U.S.C. § 12182(b)(2)(ii) and 28 C.F.R. § 36.202, to make reasonable modifications in BHR's policies, practices, or procedures, when such modifications are necessary to afford persons with disabilities the goods, services, facilities, privileges, advantages, or accommodations of Holiday Inn hotels, including, but not limited to, the Holiday Inn hotels listed in Paragraph 15, above, and where such modifications would not fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations of those Holiday Inn hotels.
23. The United States enters into this Agreement pursuant to its authority, under 42 U.S.C. § 12188(b) and 28 C.F.R. § 36.503, to enforce the ADA. The parties enter into this Agreement in order to avoid litigation. The parties agree that this Agreement represents a compromise of claims and/or refers to subsequent remedial measures, and therefore is entitled to protection under Rules 407 and 408 of the Federal Rules of Evidence and similar state statutes or rules of evidence.
24. BHR implemented new reservations policies and procedures, attached as Exhibit A, at all Holiday Inn hotels in the United States effective December 1, 1996.
25. Within ninety (90) days of the effective date of this Agreement, BHR agrees to adopt and publish the following policies and procedures, listed in Paragraphs 26-35, below, to inform all franchisees and general managers of all Holiday Inn hotels of these policies and procedures, and to instruct its franchisees to fully implement those policies within nine months of the effective date of this Agreement.
26. Consistent with Paragraph 28, below, BHR will use its best efforts to ensure that callers to Holidex seeking reservations promptly receive all ADA-related information they request, including, but not limited to, the information listed in Exhibit B to this Agreement. However, BHR does not guarantee the accuracy of any information it receives from franchisees.
27. BHR will see that the information described in Exhibit B is available at all times to Reservation Sales Agents from at least one of the following:
a. the Holidex "Inventory Screen" for each Holiday Inn hotel;
b. the Holidex "Display Hotel Miscellaneous (DH-4) Screen" for each Holiday Inn hotel; or
c. for information not required by Exhibit B to be displayed on either the Inventory or the DH-4 Screen, BHR will require each Holiday Inn hotel to maintain that information in writing at the hotel location where it will be immediately available to hotel reservations personnel and front desk personnel. This information shall include the 1-800 Guest Services number to which a hotel guest whose accessibility request cannot be satisfied by hotel personnel may be referred.
28. If callers request more detailed or other information about hotel accessibility features, Reservations Sales Agents will promptly obtain for callers, through Guest Services Agents or by calling the individual Holiday Inn hotel, any requested information unavailable in Holidex regarding an accessible feature at any Holiday Inn hotel. The United States acknowledges that response time may vary according to the nature of the request. BHR will undertake its best efforts to ensure that Reservations Sales Agents respond in no more than 24 hours regarding the information in Exhibit B which is maintained in the Holidex computer system, and in no more than 72 hours for other information, including the information in Exhibit B which is maintained at the hotel location where reservations are processed.
29. BHR will ensure through Holidex that reservations for available Designated Accessible Guest Rooms will, upon the request of the guest, be guaranteed, when BHR is provided with the appropriate guarantee by the guest. An appropriate guarantee is the same type of guarantee as would be accepted from a guest not reserving a Designated Accessible Guest Room. Such guarantee shall not require a driver's license or other identification that might be unavailable to certain persons with disabilities. Such guaranteed rooms must be held as any other guest room with a guaranteed room reservation in accordance with BHR's Rules for Operation.
30. BHR agrees that its Rules for Operation will provide that guaranteed reservations for guests with disabilities who reserve Designated Accessible Guest Rooms at Holiday Inn hotels will be honored, unless another guest who is staying in the Designated Accessible Guest Room overstayed his or her original reservation (a "holdover guest") and that holdover guest cannot be moved to another room because:
a. No other rooms are available at the hotel;
b. Applicable state or local law proscribes moving such guest;
c. The hotel is unable to convince the guest to move, despite notifying the guest (either by phone, in person or in writing) of the necessity that the room be turned over to a person with a disability, and reminding the holdover guest that he/she was informed, in writing, that he/she would be assisted by hotel staff in moving to a comparable room in the hotel; or
d. The holdover guest requires that particular room for his or her own disability or that of an associate.
31. In the event of the occurrence of the contingencies described in subparagraphs 30a-d, above, BHR will establish in its Rules for Operation that hotel personnel will reserve equivalent and accessible accommodations at another convenient and comparable place of lodging for the guest who reserved an accessible room. Consistent with its Rules for Operation in effect at the time this Agreement is executed, BHR will ensure that the guest or the alternate hotel will be paid the full costs of the first night's lodging rate at the alternate hotel, plus tax, for guests with guaranteed reservations, or the difference in the rates, plus tax, for guests with 6 p.m. reservations if the guest arrives before 6 p.m., or as subsequently modified by changes to the Rules for Operation. BHR reserves the right to modify its Rules for Operation, but it agrees that such modifications will not materially alter its obligations under this Agreement as they relate to compliance with the ADA, and will preserve the uniform treatment afforded all guests irrespective of disability.
32. BHR construction/renovation standards will be modified to require accessible rooms in two categories: one-bedded and two-bedded. The parties acknowledge that, therefore, certain Holiday Inn hotels may remain with accessible rooms in only one category, until built or renovated pursuant to the new construction/renovation standards. This acknowledgement in no way limits the obligation of individual Holiday Inn hotels to comply fully with applicable ADA requirements.
33. BHR shall modify its Rules for Operation to require all Holiday Inn hotels in the United States to handle rental of Designated Accessible Guest Rooms as follows:
a. Each Holiday Inn hotel which has rooms designated as accessible in each of the two room categories (one-bedded and two-bedded), will be required to hold one such room as the last room rented in each category, except to fulfill a request for an accessible room for disability-related reasons (on a self-reporting basis). Those hotels which have rooms designated as accessible in only one category shall hold two accessible rooms as the last rooms rented. Those rooms designated as accessible which are held, pursuant to this paragraph, as the last rooms rented, shall be standard rooms. "Standard room" does not include suites or other premium-priced rooms, unless the applicable hotel is an all-suite hotel. Hotel employees or reservations agents shall have no obligation to verify the disability.
b. Rooms designated as accessible shall be rented only to persons specifically requesting such rooms for disability-related reasons (on a self-reporting basis), except where they are the last rooms available for rental, up until the standard cutoff time for non-guaranteed reservations. The standard cutoff time is currently 6:00 p.m., except in certain limited locations where BHR has granted a waiver pursuant to industry practice in that location. Hotel employees or reservations agents shall have no obligation to verify the disability.
c. Guests renting an accessible room who have not specifically requested such a room for disability-related reasons will be advised in writing when occupying an accessible room that they may be moved the next day if the accessible room is subsequently needed for a person with a disability and if a vacant room of that room type (either one-bed or two-bed) is available in the hotel. For this purpose, check-in personnel will use a notice containing the wording set forth in Exhibit C to this Agreement. BHR will amend its Rules for Operation to require that all Holiday Inn hotels within the United States use this notice in accordance with this Agreement. The United States agrees that any failure of check-in personnel to provide this notice shall not constitute a material breach of this Agreement under Paragraph 43, below. Hotel employees or reservation agents shall have no obligation to verify the disability.
d. A guest without a disability occupying an accessible guest room will be moved the next day from accessible rooms whenever a person with a disability requires the room, unless:
1) There are no other guest rooms of that room category (either one-bed or two-bed) available at that facility;
2) Applicable state or local law prohibits moving such guest; or
3) The hotel is unable to convince the guest to move, despite notifying the guest (either by phone, in person or in writing) of the necessity that the room be turned over to a person with a disability, and reminding the guest without a disability that he/she was informed, in writing, that he/she would be assisted by hotel staff in moving to a comparable room in the hotel.
e. In the event of the occurrence of one of the contingencies described in subparagraph 33d, above, hotel personnel will follow standard industry practice of assisting guests with identifying alternate lodging when they do not have a guaranteed room reservation and no room is available.
34. Upon learning of the failure of any Holiday Inn hotel to comply fully with the reservations policies stated in this Agreement, or the failure to provide the information required in Paragraph 27, above, and Exhibit B, BHR shall a) issue a written notice of violation, giving the hotel such time as may be required by applicable law and the License Agreement within which to cure such failure (if such failure may be cured); and b) if the failure is curable but is not cured within such time, the hotel may be subject to being placed in default of its License Agreement and having its license terminated.
35. BHR shall include in all of its Standards Manuals for Holiday Inn hotels, the requirement that each Holiday Inn hotel comply with BHR reservations policies and procedures, including all policies and procedures required in this Agreement.
36. BHR desires to promote the goals of ADA and further the development of an accessible society. To further these desires and without admitting any wrongdoing or liability, BHR agrees to:
a. implement an internal dispute resolution program and an external mediation program to address future complaints (for description of mediation program, see Settlement Agreement Under the Americans with Disabilities Act Between the United States of America and Bass Hotels & Resorts, Inc. Regarding Access, dated December 16, 1998, Paragraphs 23 and 25);
b. pay $75,000 ($25,000 per year for three years) to fund the administration of a mediation program described in Paragraph 36(a) above; and
c. pay an amount not to exceed $75,031.17 to resolve all outstanding issues and to serve the public interest. These amounts are to be paid within 30 business days after invoicing or other written notice by the United States.
37. The United States contends that the modifications described in Paragraphs 25-36 above are reasonable and necessary to better afford equal goods, services, facilities, privileges, advantages, or accommodations of Holiday Inn hotels to persons with disabilities. The United States also contends that these modifications do not fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations of Holidex or Holiday Inn hotels.
38. The United States is authorized, pursuant to 42 U.S.C. § 12188(b)(1)(B), to bring a civil action under Title III, enforcing the ADA in any situation where a pattern or practice of discrimination is believed to exist or a matter of general public importance is raised. In consideration of the terms of this Agreement, the United States agrees to refrain from filing a civil lawsuit or pursuing any other civil or criminal remedies in this matter, based upon any complaint received by it on or before the effective date of this Agreement relating to reservations of Holidex policies or procedures, unless BHR materially fails to comply with this Agreement as described in Paragraph 43, below. The United States also agrees that BHR shall not be liable for a licensee's or franchisee's violation of the ADA or of any of the policies set forth in this Agreement for the duration of this Agreement, unless BHR has materially failed in good faith to comply with the terms of this Agreement.
39. In the event that the United States receives future complaints under Title III, alleging discrimination on the basis of disability in connection with room reservations at Holiday Inn hotels, the United States will notify BHR of such complaints. The United States agrees that it will not file a complaint initiating civil litigation without first making a reasonable effort to notify BHR about the nature of the dispute, attempting to achieve a settlement, and giving BHR a reasonable period in which to cure any alleged non-compliance with the ADA.
40. If the United States prevails in a civil proceeding to enforce this Agreement, and proves that BHR has failed to comply with any provision of this Agreement, such failure shall constitute a subsequent violation, within the meaning of 42 U.S.C. § 12188(b)(2)(C)(ii) and 28 C.F.R. § 36.504(a)(3)(ii), and BHR shall correct this noncompliance and shall be liable to the United States for a civil penalty in accordance with 42 U.S.C. § 12188(b)(2)(C), if so determined by the court, in addition to any appropriate compensatory money damages if awarded. BHR's good faith may be considered as a factor in the amount of civil penalty to be awarded, in accordance with 42 U.S.C § 12188(b)(5). BHR may seek indemnification from any licensed Holiday Inn hotel for violations of the ADA, its regulations, or any provisions of this Agreement that occur at such licensed Holiday Inn hotels.
41. This Agreement does not preclude the United States or any other entity from taking action to enforce against Holiday Inn hotels any relevant ADA statutory provisions or regulatory provisions not resolved by this Agreement.
42. Failure by the United States or BHR to enforce this entire Agreement, or any provision thereof, with regard to any deadline or any other provision herein shall not be construed as a waiver of their right to do so with regard to other deadlines and provisions of this Agreement.
43. In the event that BHR materially fails to comply in a timely fashion with this Agreement without obtaining sufficient advance written agreement with the United States as to a temporary modification of the relevant terms of the Agreement, all then applicable terms of this Agreement shall become immediately enforceable in a United States District Court.
44. This Agreement is a public document. A copy of this document, or any information contained herein, may be made available to any person. Both BHR and the United States shall provide a copy of this Agreement to any person or entity upon request.
45. All parties to this Agreement acknowledge that information and documents produced by BHR or its predecessors to the United States during its investigation of the matters discussed herein and information and documents related to this Agreement, including, but not limited to, the survey form, business information or other BHR materials not generally available to the public, was required for the sole purpose of investigating and developing this Agreement. The parties acknowledge that some, if not all, of this information constitutes confidential business information. All records, reports and other documents produced by BHR or its predecessors, pursuant to the United States' investigation or the terms of this Agreement, including any copies of such materials, shall be kept confidential and used and/or disclosed solely for purposes related to the Agreement. The United States shall not disclose such information to any entity or individual except (1) with the express consent of BHR; (2) where such disclosure is reasonably necessary to monitor, administer or enforce this settlement agreement; or (3) as required under applicable laws. Upon expiration of this Agreement, the United States agrees to return to BHR, maintain the confidentiality of, or destroy all information and documents produced by BHR or its predecessors during this investigation.
46. The effective date of this Agreement is January 2, 1999 or the date of the last signature below, whichever is later. This Agreement shall remain in effect for a period of three years following its effective date.
47. This Agreement shall be binding on the United States and BHR and its successors in interest, and BHR has a duty to so notify all such successors in interest.
48. This Agreement, and Exhibits A-C, constitute the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement, shall be enforceable regarding the matters raised herein.
49. The parties to this Agreement have simultaneously entered into "Settlement Agreement Under the Americans with Disabilities Act Between the United States of America and Bass Hotels & Resorts, Inc. Regarding Access," dated December 16, 1998, relating to alleged architectural and other barriers to access at Holiday Inn hotels. Nothing in the terms of either agreement affects the terms of the other agreement.
50. This Agreement is limited to the facts set forth in it. This Agreement does not purport to remedy any other potential violations of the ADA or any other Federal law. This Agreement does not purport to list all violations, if there are any, of the ADA by BHR or by any owners, operators, lessors, and/or lessees of Holiday Inn hotels other than BHR.
51. Signatories of this Agreement on behalf of the parties represent that they are authorized to bind the parties to this Agreement.
Signed:
For the United States:
Bill Lann Lee
Acting Assistant Attorney General
Civil Rights Division
_______________________________________
John L. Wodatch, Chief (date)
Renee Wohlenhaus, Deputy Chief
Bebe Novich, Attorney
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, D.C. 20035-6738
For Bass Hotels & Resorts, Inc.
_______________________________________
Vicki K. Gordon (date)
Vice President,
Franchise Relations
Bass Hotels & Resorts, Inc.
Three Ravinia Drive, Suite 2900
Atlanta, GA 30346
Information regarding the compliance of each of the following features with the ADA Standards for Accessible Design will be maintained in the Holidex computer system or each Holiday Inn hotel will be required to maintain the information, as described in paragraphs 26-28 of this Agreement:
1. number of parking spaces reserved with the international symbol of accessibility;
2. number of guest rooms with text telephones, decoders, and visual alarms, or the number of available auxiliary aid kits containing such items for persons who are deaf or hard of hearing;
3. the number of rooms designated accessible for individuals with mobility impairments, and the width of all entry, bathroom, and corridor doorways for such rooms;
4. whether there is 5' diameter clear turning space in guest rooms and guest room bathrooms designated as usable by guests with mobility impairments;
5. whether guest room bathrooms designated as usable by guests with mobility impairments contain the following: toilets and tubs with grab bars, toilets with raised seats, and tubs and showers with hand-held shower hoses;
6. whether guest room bathrooms designated as usable by guests with mobility impairments have built-in transfer shower seats, or roll-in showers, or neither; and
7. whether the establishment has raised and Braille lettering in the elevators, at the guest room entrances, and on all signs designating public meeting rooms and rest rooms.
In addition, each Holiday Inn hotel will be required to maintain the answers to the following questions in writing at the hotel location where they will be immediately available to hotel reservations personnel and front desk personnel, as described in paragraph 27c of this Agreement. Each page of this writing shall bear the following legend in boldface type: IF A HOTEL GUEST ENCOUNTERS AN ACCESSIBILITY ISSUE THAT CANNOT BE RESOLVED BY THE HOTEL TO THE GUEST'S SATISFACTION, PLEASE REFER THE GUEST TO GUEST SERVICES AT 1-800 XXX-XXXX.
1. Are all parking spaces that are reserved with the international symbol of accessibility at least 8' wide with 5' striped access aisle (two accessible parking spaces may share one access aisle)?
__________________________________________________________________________________________
2. How many parking spaces are van-accessible (i.e., 8' wide with an 8' striped access aisle, and have a minimum 98" of vertical clearance)?
__________________________________________________________________________________________
3. Is there a curb cut adjacent to each designated loading zone, to allow a person who uses a wheelchair to get onto the sidewalk leading to the check-in area or to the designated accessible guest rooms (note: requiring a person who uses a wheelchair to traverse streets, driveways, or other vehicular ways to get to the hotel or guest room entrance is not an acceptable alternative)?
__________________________________________________________________________________________
4. For those hotels with self-parking, other than the answer to question 3 above, to get from any designated accessible parking space to the check-in area or designated accessible guest rooms:
Would a person who uses a wheelchair have to traverse any other curbs, steps, obstacles, or other, non-ramped changes in level of more than 1/2" (note: requiring a person who uses a wheelchair to traverse streets, driveways or other vehicular drives is not an acceptable alternative)?
__________________________________________________________________________________________
Would a person who uses a wheelchair have to travel up any noticeable slopes or inclines (note: slopes that seem moderate to persons who walk can be more difficult for persons who use wheelchairs; please take note of all noticeable slopes)?
__________________________________________________________________________________________
5. Does the route from just outside the main hotel entrance (or such entrance as is designated accessible, if different) to the check-in desk have any curbs, steps, obstacles, or other changes in level of more than 1/2"?
__________________________________________________________________________________________
6. What is the total number of guest rooms designated as accessible for:
Mobility impairments? __________________________________________________________________________
Hearing impairments only? _______________________________________________________________________
7. What is the total number of rooms available which:
Mobility _______________ Hearing Only _______________
Are single-bed rooms with a double, queen or king bed?
Mobility _______________ Hearing Only _______________
Have two separate beds?
Mobility _______________ Hearing Only _______________
Connect with another room for a companion?
Mobility _______________ Hearing Only _______________
8. If you are using kits to meet accessibility requirements for guests with hearing impairments, how many such kits do you have available?
__________________________________________________________________________________________
9. For those rooms which are designated as accessible for individuals with mobility impairments,
Are the entry, bathroom, and corridor doorways at least 32" wide? _______________________
Is there at least 36" of clear space to both sides of the bed or, if the guest room contains two beds,
between the two beds? _______________________Is there at least 5' diameter clear turning space in guest rooms and guest room bathrooms? _______________________
Do the guest room bathrooms contain the following: toilets and tubs with grab bars, toilets with seats between 17-19" from the floor, tubs and showers with hand-held shower hoses, insulated lavatory pipes, and faucets operable with a closed fist? _______________________
Do the guest room bathrooms have built-in bathtub seats, transfer shower seats or roll-in showers? _______________________
10. For those rooms which are designated as accessible for individuals with hearing impairments, do they contain a text telephone, closed captioned decoder and visual alarm? _______________________
11. Does the hotel have raised and Braille lettering in the elevators and at guest room entrances, and on all signs designating public meeting rooms and rest rooms? _______________________
12. Would a person who uses a wheelchair have to traverse any curbs, steps, obstacles, or other changes in level of more than 1/2" to get from designated accessible guest rooms or from the check-in area to the hotel's:
restaurants? _______________________
bars? _______________________
gift shops? _______________________
pools and saunas? _______________________
lobby restrooms? _______________________
meeting rooms? _______________________
other public areas? (specify) _______________________
EXHIBIT C
Accessible rooms are designated for individuals with disabilities who make a specific request or reservation. You are occupying an accessible room. If you did not make a specific request for this room and it is needed to fill an accessible room request, our staff will assist you in moving to another comparable room in the hotel for subsequent nights of your stay.
August 11, 2005
