Hi Maxie,

I can appreciate how frustrating this would be but unfortunately I think you'll find that while the DDA will apply to arrangements on departure from and arrival back in the UK it probably doesn't apply outside of this country regardless of where the TO is based. EU law says that nationals from other parts of the EU must be treated in the same way as local residents, not that the law in one country applies to residents of that country when elsewhere in the EU. On the whole this is an area of social and welfare policy where we are ahead of the game compared to many places elsewhere in Europe.

I think that it's worth trying to persuade them to make you a goodwill payment as some recompense for any additional costs you incurred but anything more will depend on you being able to prove that they didn't comply with the local legislation rather than the UK DDA. I'm afraid that I can't help with regards to what the law is in Spain and, therefore, whether they were in breach of it or not.

SM

THANKS SM I really appreciated your reply gave me a few points to mull over. Unfortunately I am not looking for compensation, just to be treated as others, maybe clarify for another who meets this excuse. After all SEGURO took the booking in this country with the knowledge I had the chair.

The coach drivers were more than willing to transfer chair.on the ocasions we seen friends off, the drivers opened up the rear to accomodate the scooter,The coach company will transfer a wheelchair on a net transfer booking.Just this is a new excuse ,I mean a shopkeeper can be fined for not altering his access or shop accessibility,Hmm I just feel this is one to ponder on,especially as I can take my electric chair on the same buses owned by the same transfer company for a local outing

Hi Maxie,

This is becoming an issue I have to deal with on a personal basis more and more now that my mother is increasingly disabled by her arthritis. I'm afraid to say that I no longer rely on secondhand information via a travel agent and always seek confirmation direct from the service provider. I have found to date that an email direct to the relevant service provider always generates a better service. I find that many people see disabilties in a very compartmentalised way. For example, in this instance I wonder whether the travel agency literally checked that the hotel was suitable and nothing more and someone only woke up to the transfer issue at the very last moment and so what you got was the 'job's worth' response from someone who hoped that the issue would go away.

I work for an organisation that does on the whole take it's DDA responsibilities very seriously but even then it often takes a fairly compartmentalised view. I had a recent experience with the need to provide a portable induction loop for someone with a hearing impairment where both the person and the need were well known to some people in the organisation but that this information was not provided to others in good time for an event that fell outwith the normal work routine of this person. Our ways of working with disabilities were good enough to mean that with only one working day's notice we were able to get the necessary arrangements made for the required equipment to be available but I do wonder what would have happened if my colleagues and I weren't already familiar with making the necessary adjustments etc. I'm not trying to excuse SEGURO, just point out that even in organisations that are very DDA aware there are sometimes communications breakdowns.

I think that overall, as a society we still have a long way to go with raising awareness of both the DDA and how the needs of people with particular requirements can be met. I think that this will happen as training programmes etc are rolled out by employers and service providers etc but that it will still take a while for thinking about these issues to become second nature to those on the ground. I think that making these issues visble and highlighting examples of good practice will also help here too.

SM

HI SM,Spent a few hours reading a synopsis of the DDA.
I feel section 3 (1) (a) for a reason which relates to the disabled person's disability, he treats him less favourably than he treats or would treat others to whom that reason does not or would not apply, and(b) he cannot show that the treatment in question is justified.

(5) A person directly discriminates against a disabled person if, on the ground of the disabled person's disability, he treats the disabled person less favourably than he treats or would treat a person not having that particular disability whose relevant circumstances, including his abilities, are the same as, or not materially different from, those of the disabled person.

(6) If, in a case falling within subsection (1), a person is under a duty to make reasonable adjustments in relation to a disabled person but fails to comply with that duty, his treatment of that person cannot be justified under subsection (3) unless it would have been justified even if he had complied with that duty.

The following I feel are not being met by this companies refusal to arrange transfers

reasonable treatment, adjustments to meet disabled persons needs

I contacted SEGURO explaining I need a resolution to their decision in my favour to allow me to travel with them later this year , without asking for compensation or seeking litigation unfortunately no call back was received even though this was promised by a named individual.
I feel this is sad,perhaps courses where employees spend all their time in a wheelchair for a few days would make them more aware of the needs of others,after all we are all one small accident away from that lifestyle.
I know it made a difference to my wifes outlook in the nursing proffesion.
thanks for the time spent replying to my question j mccallum aka maxie chill cheers

Hi Maxie,

I think your experience highlights an issue that would need specialist expertise to answer, namely where, when and how far do a travel agents/operators legal obligations extend under the DDA. I think that the situation is clear cut re services within the UK - I think that from a legal perspective it is less clear cut once you arrive at your destination, especially when these are contracted out to a local supplier or service provider.

For example, the American equivalent of the DDA is much more demanding and far reaching than ours is and I wonder whether a US visitor to the UK would be able to expect the same level of adjusted provision etc that they could back home on the grounds that they had booked their holiday with a US agent or operator? Or would service providers here consider that they'd met their legal obligations as long as they complied with domestic UK legislation but didn't have to comply with US legislation even if the original contract was with a US-based company?

As I said before, I'm not seeking to excuse SEGURO or the agent you booked through and I'm only musing on the legal, as opposed to moral, obligation that can be enforced in a situation like this.

SM

THANKS SM, You are I feel correct I seema pity, though, that I may have to follow a former reps advice, that is in my opinion definately "iffy". She said"bring your chair they /you can argue about it in Spain as our job is to get you off the plane and on to your hotel"! I have put all these points to Seguro and shall wait for a reply in due course.I hope that morally they will feel obliged to take the chair. if they do transfer it in future I shall sing their praises to the highest.
I hope this problem can be resolved amicably as leaving from a local airport is much preferable to traveling 120 round trip to GLA.
once again thanks , maxie