Can your business website pass an ADA test? As a growing number of our members are discovering, when they receive notice of a lawsuit, their website is not accessible as per the Americans With Disabilities Act!

Currently, there is a husband and wife legal team that are targeting hotel websites and booking engines that are not ADA compliant, and a growing number of our member properties are being targeted.

ADA Law reference: 28 C.F.R. Section 36.302 (e)(1) became effective March 15, 2012.

Lodging businesses, need to ensure that their website will, in fact, guarantee the room for the disabled person and deliver on that guarantee. The hotel will also need to ensure that it properly describes its handicapped-accessible rooms and makes these rooms available to disabled guests - and the booking engine. Specifically, a hotel must:

  • Label each room type as accessible within its name (e.g., Standard Accessible Room)
  • Declare all accessibility characteristics of a room within the room type description
  • Enable consumers to select handicap accessible as a special request option within the reservation booking process
  • Control inventory allotments of accessible room types - ensuring the hotel only sells as many accessible rooms as it has available
  • Any control to create an overbooking scenario of an accessible room type is a function of the property management system

28 C.F.R. Section 36.302 (e)
(1) Reservations made by places of lodging. A public accommodation that owns, leases (or leases to), or operates a place of lodging shall, with respect to reservations made by any means, including by telephone, in-person, or through a third party -

(i) Modify its policies, practices, or procedures to ensure that individuals with disabilities can make reservations for accessible guest rooms during the same hours and in the same manner as individuals who do not need accessible rooms;
(ii) Identify and describe accessible features in the hotels and guest rooms offered through its reservations service in enough detail to reasonably permit individuals with disabilities to assess independently whether a given hotel or guest room meets his or her accessibility needs;
(iii) Ensure that accessible guest rooms are held for use by individuals with disabilities until all other guest rooms of that type have been rented and the accessible room requested is the only remaining room of that type;
(iv) Reserve, upon request, accessible guest rooms or specific types of guest rooms and ensure that the guest rooms requested are blocked and removed from all reservations systems; and
(v) Guarantee that the specific accessible guest room reserved through its reservations service is held for the reserving customer, regardless of whether a specific room is held in response to reservations made by others.

(2) Exception. The requirements in paragraphs (iii), (iv), and (v) of this section do not apply to reservations for individual guest rooms or other units not owned or substantially controlled by the entity that owns, leases, or operates the overall facility.
(3) Compliance date. The requirements in this section will apply to reservations made on or after March 15, 2012.

Here is the example from Travelclick shared with us to add a page dedicated to ADA standards.

And an article from Hotel Executive

To learn how to protect your business, visit Adot Pro

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