SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA
AND CARNIVAL CORPORATION
DJ No. 202-17M-206

Press Release
Fact Sheet

1. This Agreement ("Agreement") is made and entered into by the United States of America and Carnival Corporation ("Company"). The Company is incorporated in Panama, with its headquarters in Miami, Florida.
2. This Agreement resolves an investigation conducted by the United States under Title III of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12181-12189 ("ADA"). The Company owns and operates Carnival Cruise Line ("Carnival"), Princess Cruises ("Princess") and the Holland America Line ("Holland America") which are covered by this Agreement. Carnival, Princess and Holland America collectively are referred to as the Covered Brands ("Covered Brands").
3. The Covered Brands own, lease, or operate 55 cruise ships and have seven (7) ships currently in the design and construction phase scheduled for delivery by 2022 or have contracts for options with delivery to the Company during the term of this Agreement. These 62 ships subject to this Agreement (collectively, "Covered Ships") are identified in Attachment A. The majority of the Covered Ships currently operating in United States' waters or those of its territories were designed and constructed for first occupancy after January 26, 1993.
4. The Covered Ships subject to this Agreement embark and disembark from United States' waters or those of its territories (collectively, "Covered Sailings").
5. This matter was commenced when the United States received numerous complaints from individuals with disabilities and their traveling companions who alleged that the Company discriminated against them on the basis of disability. Examples of alleged discrimination include the failure to: provide accessible seating at entertainment and dining venues; reasonably modify policies, practices and procedures to accommodate individuals with disabilities; properly provide and reserve accessible cabins to individuals with mobility disabilities; afford individuals with disabilities the same opportunities to participate in the programs and services provided by the Company, including embarkation and disembarkation; and, provide effective communication during muster and emergency drills.
6. During the United States' investigation, the Company presented evidence that it has maintained policies, practices, and procedures regarding accessibility and included some accessible cabins and other accessible features on its Covered Sailings. The Company states that it is continuing to address accessibility on its Covered Sailings.

   JURISDICTION

7. The Company is a public accommodation because it is a private entity that owns, leases (or leases to), or operates a place of public accommodation, i.e., cruise ships operating in United States' waters or those of its territories. 42 U.S.C. §§ 12181(6), (7) and 28 C.F.R. § 36.104. Accordingly, the Company is subject to the requirements of Title III of the ADA, 42 U.S.C. §§ 12181-12189, and its implementing regulations at 28 C.F.R. Part 36.
8. The Company's ships used for the Covered Sailings include places of public accommodation, inter alia, cabins, dining venues, specialty restaurants, bars and lounges, swimming pools, performance and movie theaters, internet cafes, spas and beauty salons, gymnasiums and outdoor jogging tracks, medical and auxiliary services (i.e., infirmary or medical center), and youth programs. 42 U.S.C. §§ 12181(6), (7) and 28 C.F.R. § 36.104.
9. Title III requires inter alia that the Company shall not discriminate against individuals on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations at any place of public accommodation. 42 U.S.C. § 12182(a), (b) and 28 C.F.R. § 36.201(a). The Company shall maintain in operable working condition those features of facilities and equipment that are required to be readily accessible to and usable by persons with disabilities by the ADA. 28 C.F.R. § 36.211(a). In meeting these requirements, Title III requires that:
   1. The Company shall not impose or apply eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any goods, services, facilities, privileges, advantages, or accommodations, unless such criteria can be shown to be necessary for the provision of the goods, services, facilities, privileges, advantages, or accommodations being offered. 42 U.S.C. § 12182(b)(2)(A)(i); 28 C.F.R. § 36.301;
   2. The Company shall make reasonable modifications in policies, practices, or procedures, when the modifications are necessary to afford goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, unless the public accommodation can demonstrate that making the modifications would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations. 42 U.S.C. § 12182(b)(2)(A)(ii) and 28 C.F.R. § 36.302;
   3. The Company shall take those steps that may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services, unless the public accommodation can demonstrate that taking those steps would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations being offered or would result in an undue burden, i.e., significant difficulty or expense. 42 U.S.C. § 12182(b)(2)(A)(iii) and 28 C.F.R. § 36.303(a);
   4. The Company shall furnish appropriate auxiliary aids and services where necessary to ensure effective communication with individuals with disabilities unless it can demonstrate that taking such steps would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations being offered or would result in an undue burden. This includes an obligation to provide effective communication to companions who are individuals with disabilities. 42 U.S.C. § 12182(b)(2)(A)(iii) and 28 C.F.R. § 36.303; and
   5. The Company shall remove architectural barriers in existing facilities, including communication barriers that are structural in nature, where such removal is readily achievable, i.e., easily accomplishable and able to be carried out without much difficulty or expense. 42 U.S.C. § 12182(b)(2)(A)(iv) and 28 C.F.R. § 36.304.
10. The ADA authorizes the Attorney General to investigate complaints alleging a violation of Title III of the ADA. 42 U.S.C. § 12188(b)(1)(A)(i).
11. The ADA also authorizes the Attorney General to conduct compliance reviews of public accommodations. 42 U.S.C. § 12188(b)(1)(A)(i).
12. The Attorney General of the United States may commence a civil action in any appropriate United States district court to enforce Title III where she has reasonable cause to believe that any person or group of persons is involved in a pattern or practice of discrimination, or that any person or group of persons has been discriminated against under Title III of the ADA and that discrimination raises an issue of general public importance and may seek injunctive relief, monetary damages, and civil penalties. 42 U.S.C. §§ 12188(b)(1)(B), 12188(b)(2).
13. The United States, with the cooperation of the Company, conducted an investigation of the complainants' allegations. As a result of the investigation, the United States has determined that the Company violated Title III of the ADA and its implementing regulation by discriminating against individuals with disabilities. The Company has agreed to enhance and augment its existing policies, practices, and procedures about, and services and amenities for individuals with disabilities, to provide such individuals with "full and equal enjoyment" of the Company's goods, services, facilities, privileges, advantages or accommodations offered to the public.
14. The Company expressly denies that it has violated Title III of the ADA, and, by entering into this Agreement, does not admit any wrongdoing.
15. The parties wish to amicably resolve this matter without litigation and believe that resolution of this matter through this Agreement is in the public interest. In consideration of, and consistent with, the terms of this Agreement, the Attorney General agrees to refrain from filing a civil suit under Title III in this matter, except as provided in the Implementation and Enforcement section of this Agreement.

    DEFINITIONS

16. The parties agree to the following definitions for purposes of this Agreement:
    1. "1991 ADA Standards" means the 1991 ADA Standards for Accessible Design at 28 C.F.R. pt. 36, Appendix A, published in 28 C.F.R. Part 36 (July 1, 2004).
    2. "2010 ADA Standards" means the 2010 Standards for Accessible Design at 28 CFR § 36.104 (Title III) defining the 2010 ADA Standards as the requirements in appendices B and D to 36 C.F.R. Part 1191 and the requirements in subpart D of 28 CFR part 36.
    3. "Ambulatory Accessible Cabin (AAC)" means a Standard Cabin that has, at a minimum, the following accessible elements that comply with either the 1991 ADA Standards or the 2010 ADA Standards: entrance door hardware; entrance door threshold and opening force; main cabin mirrors; closet door hardware, closet rods, coat hooks, and shelves; controls and operable parts; bathroom entrance door hardware and opening force; towel bars; toilet seat height, toilet grab bars, and toilet paper dispenser; lavatory height and faucet; bathtub (if provided); if a shower is provided, then shower grab bars, shower seat, and shower spray unit; visual and audible alarms; Closed Caption enabled televisions; and, if provided, safety deposit boxes; hair dryers; refrigerators, and shaver sockets. The toilet grab bars, toilet paper dispenser, shower grab bars, and shower seat in the bathroom must comply with either the 1991 ADA Standards or the 2010 ADA Standards to the maximum extent feasible. For the purposes of this Agreement, AACs do not include clear floor space, turning space, maneuvering clearance or accessible routes within the cabin.
    4. "Auxiliary Aids and Services", include: Qualified interpreters on-site or through video remote interpreting (VRI) services; note takers; real-time computer-aided transcription services; written materials; exchange of written notes; telephone handset amplifiers; assistive listening devices; assistive listening systems; telephones compatible with hearing aids; closed caption decoders; open and closed captioning, including real-time captioning; voice, text, and video-based telecommunications products and systems, including text telephones (TTYs), videophones, and captioned telephones, or equally effective telecommunications devices; videotext displays; accessible electronic and information technology; or other effective methods of making aurally delivered information available to individuals who are deaf or hard of hearing; qualified readers; taped texts; audio recordings; Braille materials and displays; screen reader software; magnification software; optical readers; secondary auditory programs (SAP); large print materials; accessible electronic and information technology; or other effective methods of making visually delivered materials available to individuals who are blind or have low vision; acquisition or modification of equipment or devices; and other similar services and actions. 28 C.F.R. § 36.303(b).
    5. "Corporate Accessibility Standards", as defined in Attachment C, means the processes adopted by the Company, to provide accessible cruising experiences for passengers with disabilities and to manage requests for accommodations and modifications on its Covered Brands' Covered Sailings.
    6. "Covered Websites" means the public websites for the Covered Brands, i.e.: www.carnival.com; www.hollandamerica.com; and www.princess.com.
    7. "Dry Dock Schedule" means the planned schedule of maintenance to be performed on each ship in a dry dock.
    8. "Effective Communication" means communication with persons with disabilities that is as effective as communications with others. Effective communication is achieved by furnishing appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in or benefit from a good, service, facility, privilege, advantage, or accommodation that is afforded to other individuals. 28 C.F.R. § 36.303(c).
    9. "Effective Date" means the date by which this Agreement is signed by all parties.
    10. "Fully Accessible Cabin (FAC)" means a cabin with accessible elements that comply with the requirements for transient lodging guest rooms pursuant to the 1991 ADA Standards §§ 9.1.2 and 9.2; including those cabins with accessible elements that comply with the 2010 ADA Standards §§ 224.2 and 806.2.
    11. "Fully Accessible Cabin-Single Side Approach (FAC-SSA)" means a FAC that provides an accessible route and clear floor space on only one side of the bed in a cabin configured to provide one bed and between the beds in a cabin configured to provide two beds.
    12. "Implementation Document" means those policies, practices, and procedures created by the Company as of the Effective Date of this Agreement that will implement and enforce the Corporate Accessibility Standards.
    13. "Meta" means a general cabin classification based upon the features available in a specific cabin, including suite, balcony, ocean view and interior cabins. The specific name and number of Metas may differ among and between each Covered Brand.
    14. "Standard Cabin" means a cabin that does not contain permanent accessibility features.

    TERMS OF AGREEMENT

17. The Company agrees that individuals with disabilities will be afforded the full and equal enjoyment of the Company's goods, services, facilities, privileges, advantages, and accommodations, and will not be excluded, segregated, or otherwise treated differently than individuals without disabilities.
18. Attachment B lists the time frames within which the Company must meet its obligations in Paragraphs 19-25, below (i.e., Corporate Accessibility Standards and the Implementation Document; the ADA Compliance Officer, the ADA Responsibility Officers; ADA Shipboard Officers; Training; Accessibility Requests and Grievance Procedures; and Reservations).
19. Corporate Accessibility Standards and Implementation Document
    1. Within the time frame set forth in Attachment B, the Company will:

       1) Implement the Corporate Accessibility Standards attached as Attachment C for all Covered Sailings subject to this Agreement. The Corporate Accessibility Standards include the following:

       a) Coordination and Management of Accessibility Issues;
       b) Request and Complaint Procedures;
       c) Dissemination of Information Regarding Accessibility;
       d) Training;
       e) Accessible Cabins: Reservations, Booking and Upgrades;
       f) Accessible Airport Transfers;
       g) Embarkation and Disembarkation;
       h) Shore Excursions;
       i) Effective Communication;
       j) Dining;
       k) Medical and Related Auxiliary Services;
       l) Youth Programs;
       m) Emergency Drills;
       n) Entertainment Venues; and
       o) Service Animals.

       2) Develop and implement the policies, practices and procedures in the Implementation Document for all of the Covered Sailings. The Company will make reasonable modifications in policies, practices, or procedures, when the modifications are necessary to afford its goods, services, or facilities to individuals with disabilities, unless the modifications would fundamentally alter the nature of the goods, services, or facilities.

    2. Periodically the Corporate Accessibility Standards and Implementation Documents may be modified while remaining consistent with the requirements in this Agreement. During the term of this Agreement, the Company will provide notice and a copy of the change to the United States within 14 days of when the Company modifies these documents.
20. ADA Compliance Officer (ADACO)
    1. Within the time frame set forth in Attachment B, the Company will designate or hire an executive level ADACO for the Company and identify that individual to the Covered Brands and the United States. The ADACO will be responsible for overseeing the Company's compliance with Title III of the ADA and for implementing and administering the Company's obligations under this Agreement, including compliance with all reporting requirements herein. The ADACO will have authority within the Company to implement changes and effectuate this Agreement. The ADACO may have other Company and Covered Brand responsibilities in addition to those required by serving as the Company's ADACO.
    2. Within the time frame set forth in Attachment B, the Company will train the ADACO on the requirements of Title III of the ADA. See Paragraph 23 below.
21. ADA Responsibility Officers (ADARO)
    1. Within the time frame set forth in Attachment B, the Company will designate or hire an executive level ADARO for both Carnival Cruise Line and for Holland America Group (with responsibility for Holland America Line and Princess Cruises) and identify those individuals to the United States. Each Covered Brand's ADARO will serve as their respective brand's ultimate contact on disability issues for the public and for the parties to this Agreement. The ADAROs will have the authority to make decisions regarding accessibility issues where those issues are unable to be resolved by the ADA Shipboard Officer and have direct access to the ADACO. The ADAROs may have other Company and Covered Brand responsibilities in addition to those required by serving as the ADA Responsibility Officer for one or more Covered Brands.
    2. Within the time frame set forth in Attachment B, the Company will train the ADAROs on the requirements of Title III of the ADA. See Paragraph 23 below.
22. ADA Shipboard Officers (ADASO)
    1. Within the time frame set forth in Attachment B, the Company will designate or hire the ADASOs for each Covered Ship. An ADASO will travel with each Covered Ship for the duration of a Covered Sailing and oversee the onboard department or individual(s) responsible for responding to accessibility issues. Any person appointed under this Paragraph will be a regular employee of the Company and will be trained in accessibility issues. See Paragraph 23 below. The ADASOs have the authority to address most common accessibility issues during Covered Sailings and the ability to rapidly escalate issues outside of his/her authority to the appropriate ADA Responsibility Officer.
    2. For each Covered Ship, prominently indicate that the ADASOs and their department or designated individual(s) are responsible for responding to onboard accessibility issues in a location that is accessible to individuals with disabilities and to the crew (e.g., at the Guest Services desk and in each cabin's guide book).
    3. Within the time frame set forth in Attachment B, the Company will train each ship's ADASOs on the requirements of Title III of the ADA. See Paragraph 23 below.
23. Training
    1. Within the time frame set forth in Attachment B, the Company will provide the United States with its proposed ADA training materials for review. At a minimum each training will include: (i) general background on the ADA; (ii) an overview of the Company's accessibility policies, practices and procedures (including examples of reasonable modifications of policies, practices and procedures); (iii) etiquette when interacting with individuals with disabilities; (iv) the process for responding to ADA requests and complaints (or where to direct guest requests and complaints, as appropriate); and (v) relevant accessibility features for the ships. The Company is permitted to submit multiple versions of the training materials (e.g., for use with different Covered Brands; management versus crew; shore-side versus onboard). The United States will review and may provide feedback to the Company within 30 days of receipt of the training materials. If the parties cannot agree on the final language of the training materials within 30 days from the United States' response to the Company, the parties agree to follow the procedures described in Paragraph 38 below.
    2. Within the time frame set forth in Attachment B, the Company will:

       1) Train the ADA Compliance Officer, the ADA Responsibility Officers, and other relevant members of senior management who will have a role in implementing the Corporate Standards and other aspects of compliance with this Agreement.
       2) Train all existing first-line supervisors and managers with regular anticipated guest contact (e.g., Guest Service Manager; Housekeeping Manager; Hotel Director; Restaurant Manager). Thereafter, the Company will train all new first-line supervisors and managers with regular guest contact within 45 days of the employee joining his/her first ship.
       3) Train all other existing crew/employees with regular anticipated guest contact. Thereafter, the Company will train all new hire employees with regular anticipated guest contact within 45 days of the employee joining his/her first ship.
       4) Provide "refresher" training every 2 years to all individuals required to receive training under this Agreement. If there is a substantive change in a Company policy, the Company will provide interim training regarding the revised policy.
       5) The training referenced in this Paragraph 23 can be provided by live sessions, video recordings, and computer-based training.

24. Accessibility Request and Grievance Procedures
    1. Within the time frame set forth in Attachment B, the Company will:

       1) Include a section in the passenger information material, in writing or electronically, (or a supplemental insert or appendix to the existing passenger information material) contained in each cabin on the Covered Sailings identifying ADASOs and their department or individual(s) responsible for responding to onboard accessibility issues and advising guests that the ADASO is responsible for overseeing the department or individual(s) responsible for handling disability-related claims onboard the Covered Sailings during the cruise and will report the nature and outcome of all ADA-related complaints that either require escalation to a Manager or are submitted in writing ("ADA Complaints") to the Covered Brand's ADARO.

       2) Provide passengers with a variety of avenues to raise concerns or complaints during each phase of the cruising experience (e.g., e-mail, telephone number, traditional mail, or in-person assistance). Complaint procedures may differ for issues experienced Pre-Cruise, Onboard, and Post-Cruise, at each phase passengers must be provided with the ability to submit complaints/comments, ask questions, and make requests regarding any ADA-related concern; including accommodation and accessibility issues. While onboard, this includes access to the ADASOs or Guest Service's staff 24 hours per day, 7 days per week. During the Pre-Cruise and Post-Cruise phases, passengers must be able to raise ADA-related concerns during the same hours and via the same methods as passengers can raise other concerns or complaints.

       3) Establish the following procedures to receive accessibility requests/ADA Complaints made during different phases of the cruising experience:

       a. Pre-Cruise: Accessibility requests/ADA Complaints must be resolved at the earliest point of contact. If that is not possible, the Company must provide an initial substantive written response within no more than 10 days of the receipt of the accessibility request/ADA Complaint. All follow-up communications will be made promptly (and regularly if needed), and will be expedited as necessary based on the proximity of the date of sailing.

       b. Onboard: If a crew member or officer receives an accessibility request/ADA Complaint, and that individual cannot resolve the issue, s/he will direct the guest to the ADASO at the Guest Services Desk (which is available 24 hours a day, 7 days a week). When responding to an accessibility complaint, the Covered Ship's ADASO will take whatever action is necessary to promptly provide access. If the ADA Complaint involves something that has already occurred, that issue will be addressed and corrected promptly and the guest will receive an initial substantive written response to his/her complaint within no more than 10 days. In the event that an issue cannot be resolved prior to disembarkation, the issue will be logged in the applicable Covered Brand's system for complaints and available for review by the shore-side Guest Relations Department. If requested, a guest will be provided with the shore-side Guest Relations Department's contact information to follow up on his/her ADA Complaint as part of the post-cruise process.

       c. Post-Cruise: The shore-side Guest Relations Departments for each Covered Brand, in coordination with each Covered Brand's ADARO as necessary, will expeditiously investigate and respond to ADA Complaints at the earliest point of contact. The Company will provide a formal substantive response to post-cruise ADA Complaints within 30 days. If extenuating circumstances preclude a response within 30 days of the receipt, an explanation for the delay will be provided within the 30 day period, and a final response promptly provided thereafter.

    2. For 18 months the Company will maintain written reports documenting each ADA Complaint received and its resolution, and will provide these reports to the United States upon request.
25. Reservations
    1. Within the time frame set forth in Attachment B, the Company will provide individuals with disabilities with the ability to make reservations for accessible cabins in all of the same methods that individuals without disabilities can book Standard Cabins (e.g., by phone and online via the internet reservation system). The Company and the Covered Brands will provide information about accessibility in accordance with the terms of the Corporate Standards and Implementation Document.
    2. Maintain a reservation policy that provides where a FAC, FAC-SSA or AAC exists, these accessible cabin types are the "last cabin booked". If an individual with disabilities requests an accessible cabin type in a Meta where no accessible cabin exists (i.e., never built as opposed to sold out) and the desired Meta still has non-accessible cabins available for booking at that time, the Company will upgrade the individual at no charge to the same type of accessible cabin or suite in the next immediately higher available Meta where that type of accessible cabin or suite is available.
26. Websites
    1. Within 6 months of the Effective Date of this Agreement, the Company will include a section or link on each of the Covered Websites explaining the Company's accessibility policies and identifying the designated ADA Responsibility Officer for each Covered Brand.
    2. Within 18 months of the Effective Date of this Agreement, the Company will conform the Covered Websites to the Level A and Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines ("WCAG") 2.0 (Dec. 11, 2008), published by the World Wide Web Consortium ("W3C"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/.
    3. Within 36 months of the Effective Date of this Agreement, the Company will conform the Covered Brands mobile applications currently existing or in development by the Covered Brands to the Level A and Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines ("WCAG") 2.0 (Dec. 11, 2008), published by the World Wide Web Consortium ("W3C"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/. Any new mobile application created after the Effective Date of this Agreement will comply with Level A and Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines ("WCAG") 2.0 (Dec. 11, 2008), published by the World Wide Web Consortium ("W3C"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/.
27. Cabins with Communication Features
    1. Within 120 days of the Effective Date of this Agreement, the Company will provide the required number of cabins and suites with communications features for individuals who are deaf or hard of hearing as set forth in Attachment A. The Company may satisfy its communication accessible cabin requirements by utilizing portable devices. To the extent the Company chooses to achieve compliance with portable devices at the time of each Covered Ship's sailing it will have a sufficient number of portable devices onboard to fully equip the number of communication accessible rooms that have been reserved for that Covered Ship's sailing plus at least three (3) additional kits in the event a guest makes such a request for the first-time while onboard. The Company reserves the right to obtain the necessary number of portable kits via a combination of maintaining kits onboard each Covered Ship, pooling a larger number of centrally-stored kits among the Covered Brands, and renting kits from third-party vendors.
    2. Cabins with Communication Features will be dispersed within each Meta for each Covered Sailing.
28. Ship Auditor
    1. Within 60 days of the installation of the ADACO and ADARO, the Company will submit the names and resumes of the Company's proposed Ship Auditors to the United States for approval. The United States will provide its approval or disapproval of the Ship Auditors proposed by the Company within 14 days of receipt.
    2. The Ship Auditors will be required to conduct and document the results of the surveys detailed below in Paragraph 29 in writing, providing dimensions and photographs and creating a findings report for each survey, tracking the specific requirements of the Survey Instrument (as defined below in Paragraph 29).
29. Survey
    1. Within 30 days of the Effective Date of this Agreement, the United States will provide the Company with a proposed survey instrument that will be used by the Company and its Ship Auditors to conduct an element-by-element assessment of areas of the Covered Ships open to the public, including all FAC, FAC-SSA and AAC, to assess their level of compliance with the relevant provisions of the 1991 ADA Standards.
    2. The Company will then have 30 days after receiving the Survey Instrument from the United States to review and comment on it. If the parties cannot agree on the final language of the Survey Instrument within 30 days of the United States' response to any revisions by the Company, the parties agree to follow the procedures described in Paragraph 38 of this Agreement.
    3. Within 12 months of the scheduled dry dock dates in Attachment A, the Company will conduct a survey using the Survey Instrument to assess the Covered Ship's level of compliance with the relevant provisions of the 1991 ADA Standards. These surveys and associated documentation will be provided to the United States together with the proposed remediation plan referenced below in Paragraph 30.
30. Remediation Plan
    1. Within 9 months of the scheduled dry dock date identified in Attachment A, the Company will develop a remediation plan to bring into compliance those elements the survey identifies as non-compliant with the relevant provisions of the 1991 ADA Standards. The remediation plan will document the non-compliant elements, including photographs showing measurements and locations, and the proposed remediation to bring the element into compliance with the relevant provisions of the 2010 ADA Standards. The remediation plan may include a discussion of instances where the Company seeks to assert an affirmative defense.
    2. The remediation plan for each Covered Ship will be provided to the United States for approval along with the survey and associated documentation referenced in Paragraphs 28 and 29. The United States will approve or provide feedback for each ship's remediation plan within 30 days of receipt. If the United States does not provide comments to the Company within 30 days of receipt and the Parties have not agreed to a reasonable extension of that deadline the remediation plan will be considered approved.
31. Remediation
    1. The Company will remediate each ship in accordance with the remediation plan approved by the United States in Paragraph 30 above. The remediation schedule, set forth in Attachment A, is based upon the Dry Dock Schedules in Attachment A which may be adjusted throughout the term of this Agreement. The remediation includes:

       1) Accessible Cabins (i.e., FAC and FAC-SSA and AAC)

       In accordance with the Remediation Schedule in Attachment A, the Company will:

       a) Provide three percent (3%) of the total number of passenger cabins, including suites, as accessible cabins (FAC and FAC-SSA and AAC) on all Covered Ships used for Covered Sailings identified in Attachment A. The Covered Ships used for Covered Sailings are identified by each Covered Brand and classified into the following four categories:

       i) Category 1 will have accessible cabins comprised of the following:

       1. 2% of the total number of passenger cabins are FAC and FAC-SSA, of which at least 50% (1% of the total number of passenger cabins) are FAC and,

       2. 1% of the total number of passenger cabins are AAC.

       ii) Category 2 will have accessible cabins comprised of the following:

       1. 1.25% of the total number of passenger cabins are FAC and FAC-SSA, of which at least 50% (.625% of the total number of passenger cabins) are FAC and,

       2. 1.75% of the total number of passenger cabins are AAC.

       iii) Category 3 will have accessible cabins comprised of the following:

       1. 1% of the total number of passenger cabins are FAC and FAC-SSA, of which at least 35% (.35% of the total number of passenger cabins) are FAC and,

       2. 2% of the total number of passenger cabins are AAC.

       iv) Category 4 is not subject to the accessible cabin or public and common use space obligations under Paragraph 31. The Covered Sailings of these Covered Ships are subject to all other terms of this Agreement. However, in the event these Covered Ships remain as Covered Sailings after four (4) years following the Effective Date of this Agreement Paragraph 34 will apply.

       b) Where the number of accessible cabins on any existing ship currently exceeds the required number based on the percentages outlined above and set forth in Attachment A, the current number of accessible cabins will not be reduced.

       c) Where the number of FAC on any ship exceeds the required number of FAC for that ship based on the percentages outlined above and set forth in Attachment A, those additional FAC may be applied toward the required number of FAC-SSA or AAC.

       d) Where the number of FAC-SSA on any ship exceeds the required number of FAC-SSA for that ship based on the percentages outlined above and set forth in Attachment A, those additional FAC-SSA may be applied toward the required number of AAC.

       e) Accessible cabins and suites with mobility features will be dispersed within each Meta for each Covered Sailing at the total accessible cabin (i.e., FAC, FAC-SSA, AAC) level.

       2) Public and Common Use Spaces

       a) The Company will remediate public and common use spaces on the Covered Sailings that are not compliant with the relevant provisions of the 1991 ADA Standards to meet the relevant provisions of the 2010 ADA Standards. This Agreement does not require the Company to remediate areas of the Covered Sailings not open to the public and only utilized by the crew.

       b) For casinos and gift shops that are not open to the public while in United States waters or those of its territories, the Company will only be required to provide access by the use of auxiliary aids and services and modifications to policies, practices and procedures, and not physical remediation.

       3) Remediation Compliance Report

       a) Pursuant to Paragraph 33 of this Agreement, the Company will provide the United States with a detailed report of the remediation compliance actions it has taken. These reports will include photographs, measurements, and design drawings documenting the remediation actions taken.

    2. Within 7 years of the Effective Date of this Agreement the Company will complete all of the remediation required by this Agreement except for Category 4 ships.
32. Maintenance of Accessible Features
    1. Throughout the term of this Agreement, the Company will maintain in working condition those features of facilities and equipment that are required to be readily accessible to and usable by persons with disabilities.

    REPORTING

33. During the term of this Agreement, the Company will provide a report six (6) months after the Effective Date and annually thereafter on the anniversary of the Effective Date of this Agreement, and periodically upon request, to the United States, regarding the Company's progress with Paragraphs 17-32 of this Agreement. In these reports the Company will document: the appointment of any new ADACO, ADARO, or ADASOs; all training (by date and the content of the training); the adoption or modification of any ADA-related policies, practices, or procedures; and a summary of the surveys conducted and remediation on each ship.
34. The Company will provide a report four years after the Effective Date of this Agreement regarding the status of the Category 4 ships. If any Category 4 ships remain as Covered Sailings at that time, the parties will meet and confer regarding their current status and timelines for removal from the Covered Brands' fleets, and to what extent, if any, remediation of these ships (e.g., the provision of additional accessible cabins per Attachment A and modifications to public and common use spaces) pursuant to this Agreement will be required.

    CIVIL PENALTY AND DAMAGES

35. Within 30 days of the Effective Date of this Agreement, the Company will pay to the United States the sum of $55,000 in civil penalties authorized by 42 U.S.C. § 12188(b)(2) and 28 C.F.R. § 36.504(a)(3) to vindicate the public interest; by certified check payable to the United States Treasury and sent by overnight delivery, to the United States, at:

    United States Department of Justice
    Civil Rights Division
    Disability Rights Section
    Attn: DJ No. 202-17M-206
    1425 New York Avenue, N.W.
    Washington, DC 20005

36. The Company will pay $350,000 in compensation to complainants identified by the United States pursuant to 42 U.S.C. § 12188(b)(2). The United States will determine, in its sole discretion: (1) who is an eligible complainant; and (2) an appropriate amount of monetary relief to be paid by the Company to each such eligible complainant.
    1. Within 90 days of the Effective Date of this Agreement, the United States will send, return receipt requested, the "Release of ADA Claims," attached as Attachment D to each of the complainants it has identified as eligible.
    2. Within 180 days of the Effective Date of this Agreement, the United States will send a copy of each executed "Release of ADA Claims" and written instructions that identify the complainant and the amount to be paid to each complainant to the Company. For administrative efficiency, the United States will reasonably limit the number of times it provides the Company with the executed releases.
    3. Within 30 days of receiving each individual executed release from the United States, the Company will send to each individual complainant a check made payable to the complainant in accordance with the written instructions, by certified mail, return receipt requested, or by overnight delivery, with a copy to the United States. These checks are compensation pursuant to 42 U.S.C. § 12188(b)(2)(B).
    4. Any Release of ADA Claims not obtained within 1 year of the effective date of this Agreement will not be subject to payment under the terms of this Paragraph 35.

    IMPLEMENTATION AND ENFORCEMENT

37. At any time during this Agreement, the United States reserves the right to inspect, with reasonable notice to counsel, Company ships and facilities. The United States will make every effort to conduct its inspections at times that are agreeable to the Company with minimal disruption to its operations resulting from such inspections. In addition, copies of documents and photographs will be provided by the Company within 30 days upon request from the United States in order to evaluate compliance with this Agreement.
38. If the United States finds that the Company has failed to comply with this Agreement, based on reports provided by the Company pursuant to this Agreement or other information, the United States agrees to notify the Company in writing of the alleged noncompliance and attempt to seek a resolution of the matter with the Company. If the parties are unable to reach a resolution within 75 days of the date of the United States' written notification, the United States may seek enforcement of the terms of this Agreement in federal district court or seek to enforce compliance with the ADA and its implementing regulation.
39. In consideration of, and consistent with, the terms of this Agreement, the Attorney General agrees to refrain from filing a civil suit in this matter regarding all matters addressed by this Agreement, except as provided in Paragraph 38.
40. Failure by the United States to enforce any provision in this Agreement is not a waiver of its right to enforce any provision in this Agreement.
41. All notices, demands, or other communications to be provided pursuant to this Agreement will be in writing and delivered by fax, overnight delivery, or via e-mail to the following persons and addresses (or such other persons and addresses as any party may designate in writing from time to time):

    For Carnival Corporation:

    Arnaldo Perez
    Senior Vice President and General Counsel
    Carnival Corporation
    3655 NW 87th Avenue
    Miami, FL 33178
    (800) 337-9501

    For the United States:

    Rebecca B. Bond, Chief
    Beth A. Esposito, Trial Attorney
    DJ No. 202-17M-206
    U.S. Department of Justice
    Disability Rights Section
    1425 New York Avenue, N.W.
    Washington, DC 20005
    (Fax) 202-305-9775

42. This Agreement constitutes the entire Agreement between the parties relating to the United States' Title III compliance review referenced in Paragraph 1 above, and Department of Justice matter number 202-17M-206, and no other statement, promise or agreement, either written or oral, made by any party or agents or any party that is not contained in this written Agreement, including its attachments, will be enforceable. This Agreement does not purport to remedy any other potential violations of the ADA or any other law. This Agreement does not affect the Company's continuing responsibility to comply with the ADA.
43. If during the term of this Agreement the Department promulgates a final ADA Title III regulation governing accessibility that affects obligations under this Agreement, then the Parties will meet and confer at the request of either party to discuss whether any modification to the terms of this Agreement is necessary to be consistent with the promulgated regulation.
44. If any term of this Agreement is determined by any court to be unenforceable, the other terms of this Agreement will remain in full force and effect, provided, however, that if the severance of any such provision materially alters the rights or obligations of the parties, the United States and the Company will engage in good faith negotiations in order to adopt mutually agreeable amendments to this Agreement as may be necessary to restore the parties as closely as possible to the initially agreed upon relative rights and obligations.
45. This Agreement will be binding on the Company, its agents, its employees, and any successors or assigns. In the event that the Company seeks to transfer or assign any Covered Ship owned by it as of the date of this Agreement, as a condition of sale, the Company will obtain the written accession of the successor or assign to any obligations remaining under this Agreement for the remaining term of this Agreement, unless the Company sells in an arm's length transaction to an unrelated entity, or takes a ship out of service or United States' waters or those of its territories, permanently.
46. The signatory to this document in the representative capacity for the Company represents that he or she is authorized to bind the Company to this Agreement.
47. This Agreement may be executed in counterparts each copy, email or pdf of which will be considered an original and taken together constitute one agreement.
48. The Effective Date of this Agreement is the date of the last signature below. This Agreement will remain in effect for 8 years from the Effective Date, unless extended by written agreement of the parties.
49. A copy of this Agreement will be made available by the United States or the Company in hard copy upon request.