CONSENT DECREE

JURISDICTION

1.    The Court has jurisdiction of this matter pursuant to 28 U.S.C. §§ 1331 and 1345, and 42 U.S.C. § 12188(b)(1)(B).

2.    The Court has authority to grant equitable relief, declaratory relief, monetary damages and civil penalties under 42 U.S.C. § 12188(b)(2) and 28 U.S.C. §§ 2201 and 2202.

BACKGROUND

3.    The United States filed this action to enforce provisions of the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12101 et seq., against Defendants, NCL (Bahamas) Ltd., a Bermuda Corporation, and NCL America LLC f/k/a NCL America, Inc. (collectively "NCL"). Between 2003 and 2007, the United States alleges that NCL violated Title III of the ADA by failing to provide auxiliary aids and services to certain individuals who are deaf or hard of hearing, and accessible bus transportation to individuals with mobility disabilities within the United States, and by denying such persons the opportunity to fully participate in and benefit from the goods and services of NCL's cruise ships.

4.    Under Title III of the ADA, 42 U.S.C. § 12181(7) and 28 C.F.R. § 36.104, cruise ships are places of public accommodation. NCL is a private entity and owns, leases or operates places of public accommodation and is, therefore, a public accommodation within the meaning of Title III of the ADA, 42 U.S.C. §§ 12181(7) and 28 C.F.R. § 36.104.

5.    NCL is primarily engaged in the business of transporting people and its operations affect commerce, and therefore is covered by Title III of the ADA as a specified public transportation service, 42 U.S.C. §§ 12184(a), 42 U.S.C. 12181(10), on NCL cruises originating and terminating in the United States.

6.    The United States Department of Justice ("United States" or "Department") is the federal agency that has primary responsibility for administering and enforcing Title III of the ADA, 42 U.S.C. §§ 12181-12189.

7.    This Consent Decree ("Decree") resolves an investigation of NCL conducted by the Department between 2003 and 2007 relating to certain complaints made by the guests named below who filed complaints alleging that NCL violated Title III of the ADA by failing to provide auxiliary aids and services to individuals who are deaf or hard of hearing and accessible bus transportation to individuals who have mobility disabilities within the United States, and by denying such persons the opportunity to fully participate in and benefit from the goods and services of NCL's cruise ships.

8.    As set forth more specifically below in the Contentions of the Parties, NCL specifically denies all of the allegations made by the United States both herein and in the Complaint and maintains that it has not violated the ADA in any manner.

9.    In order to avoid the costs, expense and uncertainty of protracted litigation, NCL and the United States have agreed to enter into this Decree to resolve all past and present individual complaints and all of the allegations raised in the Complaint filed by the United States as to all claimants known or unknown resulting from any and all incidents or complaints of alleged ADA violations relating to auxiliary aids and services for guests who are deaf or hard of hearing or accessible bus transportation for guests who have mobility disabilities. The United States agrees that settlement of these allegations without litigation is in the public interest.

10.    This Decree shall be a full, complete, and final disposition and settlement of all claims made by the United States and the complainants known or unknown at this time and of all alleged past and present ADA violations relating to auxiliary aids and services for guests who are deaf or hard of hearing or accessible bus transportation for guests who have mobility disabilities. The parties agree there has been no admission or finding of liability or violation of the ADA and this Agreement should not be construed as such.

CONTENTIONS OF THE PARTIES

The Contentions of the United States

11.    The United States alleges that the complainants all purchased tickets for their cruise from travel agents located in the United States or directly from NCL.

12.    The United States, under its authority granted by the ADA, 42 U.S.C. §12188, investigated complaints against NCL. The United States made the following findings based upon the results of its investigation. NCL failed to provide auxiliary aids and services to Daryl Israel, his children Jessica and Zachary Israel, Eliza Polk, and Alan Weiser, all of whom are deaf, in violation of the ADA, 42 U.S.C. §12182 and 28 C.F.R. Part 36 and 49 C.F.R. Part 37. Also, NCL failed to provide accessible bus transportation to Phyllis Jacobs, Kimmarie Drown, Kevin New, and Franz Soni, all of whom have mobility disabilities, in violation of the ADA, 42 U.S.C. §§12182 and 12184, 28 C.F.R. Part 36 and 49 C.F.R. Part 37.

13.    The United States thus determined that NCL denied auxiliary aids and services to individuals who are deaf or hard of hearing and denied accessible bus transportation to guests with mobility disabilities thereby denying them the full and equal enjoyment of NCL's goods, services and facilities in violation of the ADA, and engaging in a pattern and practice of discrimination. 42 U.S.C. §§12182(a), 12184(a), 12182(b)(2)(A)(iii), 12184(b)(2)(B), 28 C.F.R. §36.201(a), 36.303(a) and 49 C.F.R. §37.5(f). In addition, the Department found that such discrimination raises an issue of general public importance, 42 U.S.C. §12188(b)(1)(B), and violates specific provisions of the ADA. 42 U.S.C. 12182(b)(1)(A)(i) and 28 C.F.R. §36.202(a); 42 U.S.C. §12182(b)(1)(A)(ii) and §36.202(b); 42 U.S.C. §§12182(b)(2)(A)(ii), 12184(b)(2)(A); 28 C.F.R. §36.302(a) and 49 C.F.R. §37.5(f); 42 U.S.C. §12182(b)(2)(A)(iii), 12184(b)(2)(B); 28 C.F.R. §36.303(a) and 49 C.F.R. §37.5(f); 42 U.S.C. §12182(b)(2)(D)(ii) and 49 C.F.R. §37.195(b); 42 U.S.C. §12182(b)(2)(c) and 49 C.F.R. §37.101(d), (e); and 42 U.S.C. §12182(b)(2)(D)(ii) and 49 C.F.R. §37.167(e), (g). See Complaint filed by the United States.

NCL's Contentions

14.    NCL maintains that it has not violated the ADA in any way.

15.    NCL asserts that it has provided and continues to provide auxiliary aids to guests who are deaf or hard of hearing and accessible transportation to guests with mobility disabilities in compliance with the ADA. It is NCL's policy that guests who are deaf or hard of hearing or who have mobility disabilities should be treated in the same or similar manner as guests without disabilities to the greatest extent possible.

TERMS OF AGREEMENT

16.    Definitions

(a)    "Auxiliary Aids and Services" means, for example, qualified sign language, oral, or relay interpreters, note takers, computer-assisted real time transcription services, written materials, the exchange of hand written notes, telephone handset amplifiers, assistive listening devices, assistive listening systems, telephones compatible with hearing aids, closed caption decoders, open and closed captioning, TTY's, acquisition or modification of equipment or devices, video interpreting services, and other methods of delivering effective communication to individuals who are deaf or hard of hearing. See 28 C.F.R. § 36.303(b).

(b) "TTY" means a device that is used with a telephone to communicate with persons who are deaf or hard of hearing by typing and reading communications.

(c)    "Effective communication" means communication with persons with disabilities that is as effective as communication 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).

(d)    "Initial Response."

i.    Pre-cruise with Three Weeks Notice. Initial Response means guests will receive a written response within one week of a request for a reasonable accommodation as to whether the request will be met or not, if the request is made at least three weeks prior to sailing.

ii.    Pre-cruise with Less than Three Weeks Notice. If a guest makes a request for a reasonable accommodation within three weeks prior to sailing, NCL shall make its best effort to provide the requested accommodation as required by the ADA, including any available auxiliary aids, and shall attempt to respond to the guest as to whether the reasonable accommodation can be met as expeditiously as possible. Some requests made within three weeks prior to sailing may not be able to be met due to short notice.

iii.    During Cruises. NCL shall respond to a request for a reasonable accommodation made during a cruise within 24-48 hours. It is NCL's policy and practice to respond to all requests for reasonable accommodation, including those which NCL was not notified pre-cruise, as expeditiously as possible under the circumstances.

(e)    "Effective Date" is the date of the entry of the Decree.

REMEDIAL ACTIONS

17.    Nondiscrimination under the ADA. NCL shall continue to ensure that it does not discriminate against individuals with disabilities on the basis of such disability as required by the ADA.

(a)    Reasonable Modifications. NCL shall continue to make reasonable modifications in policies, practices, and procedures as required by the ADA.

(b)    Integration. NCL shall continue to ensure that individuals with disabilities are fully integrated into each vessel's population as required by the ADA.

18.    Oversight. NCL's Senior Vice President and General Counsel shall have overall responsibility for implementing this Decree and compliance with the ADA.

19.    Access Desk and Access Desk Manager

(a)    Access Desk Manager's Responsibilities. The Access Desk Manager oversees one or more employees who handle requests for reasonable accommodations from guests with disabilities that are presented to the Access Desk pre-cruise. The Access Desk Manager has had, and will continue to have, the responsibility and authority to respond to and act on requests for accommodations from guests with disabilities pre-cruise and, if necessary, to escalate the specific request to the Senior Vice President and General Counsel for a final decision pre-cruise.

(b)    Access Desk Procedures. NCL has had an Access Desk to address the requests of guests with disabilities for reasonable accommodations pre-cruise. During the term of this Decree, NCL shall continue to maintain an Access Desk or its substantial equivalent. The Access Desk shall continue to address all requests for reasonable accommodations from guests with disabilities that are brought to the attention of the Access Desk within one (1) week of receipt of the request, including requests for auxiliary aids and for accessible bus transportation. The Access Desk shall make an Initial Response to a pre-cruise request for reasonable accommodation. If the Access Desk Manager cannot satisfy the request, the Access Desk Manager shall escalate the specific request, at the same time as the Initial Response to the guest, to the Senior Vice President and General Counsel for a final determination within 24 hours of the escalation.

(c)    The Access Desk shall continue to coordinate with other departments within NCL, including the Customer Relations Department, on responses to requests for reasonable accommodations and ADA-related issues.

(d)    The Access Desk shall retain records of requests for accommodations, and all of NCL's response(s) to such requests, made by guests who are deaf or hard of hearing or guests with mobility disabilities for a period of six (6) months from the date of the request.

(e)    Any successor Access Manager during the term of this Decree shall have the same or similar training in disability issues and background in the cruise line industry as the current Access Desk Manager.

20.    Customer Relations Manager. The Customer Relations Manager has had, and will continue to have, responsibility for overseeing requests for reasonable accommodations from guests with disabilities both during and after cruises. The Customer Relations Manager shall continue to have the same responsibilities as well as those set forth in subparagraphs (a)-(d) below during the term of this Decree.

(a)    During cruises, the Customer Relations Manager (or the Access Desk Manager) shall be the point of contact for the Access Officer in the event that an accommodation request cannot be met.

(b)    If the Customer Relations Manager (or the Access Desk Manager) is unable to timely accommodate a disabled guest's request for a reasonable accommodation that was escalated by the Access Officer during the cruise, the Customer Relations Manager (or the Access Desk Manager) must timely escalate the request to the Senior Vice President and General Counsel for a final decision within 24 hours of the escalation.

(c)    The Customer Relations Manager is the point of contact for handling and responding to all post-cruise inquiries from guests with disabilities.

(d)    For purposes of this paragraph, "Customer Relations Manager" shall mean the actual Customer Relations Manager and/or the Supervisor of Customer Relations.

21. Access Officers on NCL Vessels.    NCL has installed on each vessel an Access Officer who shall assist and respond to requests for reasonable accommodations from guests with disabilities during cruises. The duties of an Access Officer shall include:

(a)    Coordinating with the Access Desk, Access Desk Manager and Customer Relations Manager to timely resolve requests for reasonable accommodations from guests with disabilities made pre-cruise and during cruises.

(b)    Having the authority on the vessel to timely grant requests for reasonable accommodation under the ADA and escalating any request for reasonable accommodation that cannot be timely resolved to the appropriate vessel personnel or Customer Relations or Access Desk Managers. All requests for reasonable accommodation of which NCL was not notified pre-cruise will be handled as expeditiously as possible under the circumstances.

(c)    Ensuring that all accommodations that NCL has agreed to provide are in place and ready for the guest on embarkation day, excluding any requested accommodation that is not within the control of the Access Officer (e.g., failure of an interpreter to report for assigned duty is an example of something beyond the Access Officer's control).

22.    ADA Training. The Access Desk and Customer Relations Managers, the Access Officers and any NCL staff with duties that include significant contact with guests shall receive Title III ADA training, including its effective communication requirements and the procedure for receiving, documenting and responding to disability-related requests. NCL shall have six (6) months from the Effective Date of this Agreement to initially train Access Officers on each vessel and all employees who have direct contact with guests. NCL may videotape the original training or use other means for the training of new hires.

23.    Auxiliary Aids and Services. NCL shall continue to provide auxiliary aids and services to guests who are deaf or hard of hearing in compliance with the ADA and case law applying the ADA on all cruises originating from or returning to the United States, including all shore excursions in the United States that were purchased through NCL.

(a)    NCL contracts with independent shore excursion vendors who offer shore excursions in the United States and who are obligated to comply with the requirements of the ADA, including the provisions on auxiliary aids and services (see 28 C.F.R. §36.303). Within six (6) months of the effective date of the Decree, NCL will insert a provision on all shore excursion contracts entered into after the entry of this Consent Decree requiring the vendor to represent and warrant that all shore excursions purchased by NCL guests in the United States shall comply with the ADA.

(b)    Cruise information relating to shore excursions and other services provided on NCL's internal television channel shall also be available in a written format from the Access Officer, the Guest Services Desk or the Shore Excursions Desk. Each guest who is deaf or hard of hearing and who contacts the Access Desk pre-cruise will be advised of the availability of written materials onboard the vessel prior to the cruise or on the day of embarkation. The written materials shall include daily information provided to all guests concerning shore excursions, safety, shipboard activities, etc.

(c)    Safety and other important announcements to guests who are deaf or hard of hearing are made through one-way pagers provided by NCL to guests who have requested them at the start of the cruise.

(d)    Upon request, NCL will make TTY communication devices available to guests or shall make other provisions, such as handiphones (a handheld text communication device), to guests who are deaf or hard of hearing to communicate with the Access Officer, room service or Guest Services.

(e)    The Access Officer is responsible for ensuring the maintenance of auxiliary aids at any time of the day or night and shall ensure that a request for a replacement of a malfunctioning auxiliary aid is timely handled on the vessel by appropriate personnel.

(f)    NCL will continue to provide visual tactile alert systems to guests who are deaf or hard of hearing in their stateroom, which will alert the guest if there is knocking at the door, telephone ringing, alarm ringing or smoke detection.

(g)    Televisions in each stateroom of each NCL vessel shall offer closed captioning in all US ports to the extent that the satellite service provider offers captioning, except for the Epic which shall provide alternate means of entertainment for up to six months from the effective date of this Consent Decree, at which point the software for closed captioning will be operating on those vessels. Guests shall be able to operate the captioning without assistance by following simple directions and without special equipment. Televisions in common areas shall offer captioning to the extent that the satellite service provider offers captioning.

24.    Emergency Procedures. NCL is already complying with all applicable laws, regulations and conventions regarding emergency procedures for guests with disabilities. Nothing in this Decree is intended to override those requirements in any way. Nothing in this Decree is intended to affect those provisions except as set forth specifically in Paragraph 25 below.

25.    Emergency Muster Drill. All ship personnel are trained in the procedures for an emergency muster drill that takes place during each cruise. NCL has also implemented the following procedures:

(a)    NCL has voluntarily implemented a program for pagers to be used by guests who are deaf or hard of hearing on all vessels, which will be fully operational by December 2010. The pagers shall be used for all important announcements, including emergency announcements. At or before the beginning of each cruise, the guest shall receive, either verbally or in writing depending on the guest's preference, instructions on the use of the pagers, including instructions on the use of pagers in the event of an emergency.

(b)    Prior to embarkation, the Access Desk shall provide an accurate written transcript of the drill to all guests who have identified themselves as deaf or hard of hearing pre-cruise. Deaf or hard of hearing guests may also obtain transcripts from the Access Officer and/or Guest Services on the day of embarkation. The transcript shall state, at the top, that the guest may take the transcript along with him or her during the drill.

26.    Accessible Ground Transportation. NCL offers transportation to all guests between airports, hotels and the vessels through transportation vendors, and on shore excursions, through transportation and shore excursion vendors. NCL shall ensure that guests with mobility disabilities are provided accessible transportation in the United States for all transportation purchased through NCL. Within six (6) months of the effective date of the Decree, on all future transportation contracts for transportation offered in the United States entered into after the Effective date of this Decree, NCL will insert a provision requiring the vendor to represent and warrant that all transportation in the United States complies with the ADA if purchased by guests on an NCL cruise. NCL, however, is not responsible for transportation not purchased through NCL. The contracts with transportation vendors shall require the vendors to comply with the following ADA requirements:

(a)    Accessible over-the-road buses for guests with mobility disabilities shall be provided when over-the-road buses are used for transportation between the airport, hotel, and ship, and on shore excursions; and

(b)    Accessible shuttle buses or vans for individuals with mobility disabilities shall be provided when such vehicles are used for transportation between the airport, hotel, and ship, and on shore excursions, unless the vendor provides alternative transportation for individuals with disabilities that is equivalent to the transportation provided to other individuals, including in terms of wait times.

27.    Scope of Decree. For purposes of enforcement of this Decree, the Court shall have continuing jurisdiction to review any alleged non-compliance with the terms of this Consent Decree only insofar as it may pertain to auxiliary aids or services for guests who are deaf or hard of hearing and transportation of guests with mobility disabilities.

MONETARY RELIEF FOR CLAIMANTS

28.    Pursuant to 42 U.S.C. §12188(b)(2), the parties agree to the following monetary relief. The parties agree that these payments do not constitute and are not based on an admission or finding of liability, and are not to be construed as an admission or finding of a violation of the ADA. NCL shall pay $100,000 in total to the claimants listed in paragraph 12 above, which shall be divided equally among the nine (9) complainants.

29.    Within thirty (30) days of the date of the entry of this Consent Decree, NCL shall send, return receipt requested, the release form attached hereto as Exhibit "A" to each of the complainants listed in paragraph 12 above. Within thirty (30) days of receiving each signed release form, NCL shall send, return receipt requested, a check for the full amount due to each complainant. NCL shall also provide a copy of each signed release and check disbursed to the Department within ten (10) days of issuance.

CIVIL PENALTY

30.    Within thirty (30) days of the effective date of this Decree, NCL shall pay to the United States the sum of $40,000 in civil penalties sent by overnight mail to the Department at the address listed in paragraph 44 below.

IMPLEMENTATION AND ENFORCEMENT

31.    This Consent Decree constitutes the entire agreement between the parties relating to United States v. NCL (Bahamas) Ltd. at al., Case No. ________ (S.D. Fla. _________) and Department of Justice No. 202-18-187, and no other statement, promise, or agreement, either written or oral, made by any party or agents of any party, that is not contained in this written Consent Decree, including its attachments, shall be enforceable.

32.    If any portion of this Consent Decree is determined by any court to be unenforceable, the other terms of this Consent Decree shall nonetheless remain in full force and effect.

33.    The individuals signing this Consent Decree represent that they are authorized to bind the parties to this Consent Decree.

34.    This Decree shall be binding on the United States, NCL (Bahamas) Ltd. and NCL America, LLC, and their successors and assigns. NCL (Bahamas) Ltd. and NCL America, LLC. have a duty to so notify all such successors in interest of the existence and terms of this Decree.

35.    Section titles and other headings contained in this Decree are included only for ease of reference and shall have no substantive effect.

36.    Failure by the United States to enforce any provision or deadline of this Decree shall not be construed as a waiver of its right to enforce any other provisions or deadlines of this Decree.

37.    This Decree shall remain in effect for three (3) years from the effective date of the Decree. This Court shall retain jurisdiction of this action to enforce the provisions set forth herein pursuant to paragraph 27 above during the three (3) years that this Decree remains in effect. At the conclusion of the term of this Decree, the case shall be dismissed with prejudice.

38.    If at any time NCL desires to modify any portion of this Decree or extend any deadlines for any reason, it will notify the Department in writing setting forth the facts and circumstances for the modification and the proposed language of the proposed modification. The Department shall, in good faith, consider the request and respond to NCL within thirty (30) days of receipt of the request regarding whether the Department will agree to the modification. NCL and the Department shall work together in good faith to try to reach an agreement concerning any proposed modification prior to bringing such matters to the Court for resolution. In the event that NCL and the Department cannot come to an agreement, the Court retains jurisdiction to alter or modify the terms set forth herein of this Decree upon application of NCL.

39.    The United States may review compliance with this Consent Decree at any time during the term of the Decree and may seek to enforce the terms of this Decree if the United States believes that it or any portion of it has been violated. If the United States believes that this Decree or any portion of it has been violated, it will raise its concern(s) with NCL and the parties will attempt to resolve the concern(s) in good faith. The United States will give NCL sixty (60) days from the date that it notifies NCL of any alleged breach of this Decree to cure that breach prior to instituting any action this Court. The United States and NCL shall endeavor in good faith to resolve informally any differences regarding interpretation of and compliance with this Consent Decree prior to bringing such matters to the Court for resolution.

40.    Any time limits for performance imposed by this Decree may be extended by the mutual written agreement of the United States and NCL.

41.    In consideration of, and consistent with, all terms of this Decree, the United States agrees to refrain from undertaking any further investigation into or pursuing further legal proceedings regarding all matters contained within this Decree, except as provided in paragraph 39 above.

42.    Six months after the effective date of this Decree, and every six months thereafter during the term of the Decree, NCL will provide the DOJ with documentation of the requests for accommodation made during the term of this Decree and NCL's response(s) to those requests, including the outcome of the request or complaint.

43.    Each of the Parties to this litigation will bear its own costs and attorney's fees associated with this litigation. The Clerk is directed to close this case subject to reopening for good cause.

44.    All notices, demands, or other communications to be provided under this Decree shall be in writing and delivered by fax or overnight mail to the following persons and addresses (or such other persons and addresses as either party shall designate in writing from time to time):