No medical waivers honored! Past final payment

[GiGi]

I have no problem getting a doctor's note. I called to see if there was a waiver/form that I or the dr had to fill out as well. I called to see what was needed. I already called our dr & can get a note but no one at the access would tell me the procedure. Getting the note is not the issue. Will just a note suffice?? Give it to whom?? Just at the pier?? Emailed/scanned/mailed/faxed to someone before we sail??????? I'VE GOTTEN NO ANSWERS as of yet. 2 phone calls, waiting for a supervisor to call me back & email sent. If it was as simple as getting a dr note I would have no problem but what do I do with it????

 

If you have a medical condition that requires special accommodation then you are covered by the ADA which specifically says that you may not be asked what your condition is or be forced to supply a doctors note. You simply have to state what you need for accommodations. That being said I don't know if a cruise ship has to follow U.S. ADA laws.

[xxoocruiser]

Commentary from 2005 on Supreme Court ruling:

http://www.southwestada.org/html/publications/ebulletins/legal/2005/jun2005.html

 

 

The link to the article regarding the Spector vs. Norwegian Cruise Line Supreme Court ruling is very misleading as it does not tell the complete story . The ruling pertaining to Spector vs. Norwegian Cruise does not apply to ADA in it's entirety nor does the ruling have any bearing the OP's issue as it only applies to the public areas of the ship as well as the accessible cabins.

 

The Supreme Court ruling regarding Spector vs. Norwegian Cruise Lines only applies to Title III of the ADA which prohibits discrimination against persons with disabilities by private entities in their operation of places of public

accommodation. 42 U.S.C. 12182(a).

 

In addition, Title III of the ADA prohibits discrimination in the “full and equal enjoyment of specified public transportation services provided by a private entity that is primarily engaged in the business of transporting people and whose operations affect commerce.” 42 U.S.C. 12184(a). private entities in their operation of places of public accommodation.

 

As a result of this ruling a USA Department of Transportation Law went into effect on January 1, 2012 pertaining only to Foreign Flagged Cruise Ships embarking from a USA Port. The key points of this law are:

g) To prevent fraud in the assignment of accessible cabins (e.g., attempts by individuals who do not have disabilities to reserve accessible cabins because they have greater space, you—

(1) Must inquire of persons seeking to reserve such cabins whether the individual (or an individual for whom the cabin is being reserved) has a mobility disability or a disability that requires the use of the accessible features that are provided in the cabin.

(2) May require a written attestation from the individual that accessible cabin is for a person who has a mobility disability or a disability that requires the use of the accessible features that are provided in the cabin.

 

There is only 1 cruise ship in the world that must comply with ADA in its entirety. That ship is NCL's Pride of America which sails under the USA Flag, permanently based the USA (specifically Hawaii) and sails only to USA Ports.

Edited July 9, 2016 by xxoocruiser

[GiGi]

Is there a place on board that one can get filtered water that is not accessed by a large volume of people all day (ie. the buffet?)? Many people don't follow the rule of using a clean cup to fill a water bottle or they refill a glass they have drank out of.

 

I spoke to the doctor today and he had two issues:

1. The amount of chlorine in the water (we drink filtered well water at home or spring water- not purified tap water like Dasani)

2. The amount of germs on the water dispenser.

 

He said he would write a note if needed, but pointed out the potential ADA violation.

 

I was going to look if I could find some kind of water filter that would take out the chlorine, but that doesn't help if the water dispenser is contaminated,

 

I have spoken to Guest Access twice and both times was told there would be no medical exceptions to the water rule.

[pspercy]

The link to the article ....

 

Thanks:)

[pspercy]

. . .

I was going to look if I could find some kind of water filter that would take out the chlorine, but that doesn't help if the water dispenser is contaminated,

 

 

In my corporate life I had to do some travel in remote regions in the third world. I had iodine pills to use as a last resort but for everyday use when the water supply was suspect I had a little hand pumped filter unit I bought from REI for less than $100. Worked great and never got sick from the water it filtered. Take a look on Amazon and the like, there's lots of options nowadays.

[xxoocruiser]

Is there a place on board that one can get filtered water that is not accessed by a large volume of people all day (ie. the buffet?)? Many people don't follow the rule of using a clean cup to fill a water bottle or they refill a glass they have drank out of.

 

I spoke to the doctor today and he had two issues:

1. The amount of chlorine in the water (we drink filtered well water at home or spring water- not purified tap water like Dasani)

2. The amount of germs on the water dispenser.

 

He said he would write a note if needed, but pointed out the potential ADA violation.

 

I was going to look if I could find some kind of water filter that would take out the chlorine, but that doesn't help if the water dispenser is contaminated,

 

I have spoken to Guest Access twice and both times was told there would be no medical exceptions to the water rule.

 

Your rights under ADA law are not being violated as NCL is not denying you access to purified bottled as it can be purchased on board. An ADA violation would apply only if :

-NCL did not provide purified bottle on board ship for purchase .

-NCL charged you more for the purified water than any other passenger. ADA does not apply to the cost differential to what you would pay on land vs. what it costs on board ship.

Edited July 9, 2016 by xxoocruiser

[JVilleGal]

Possibly some of the above posters maybe want to stay home for the safety of all as they are clearly to compromised to be on a cruise ship! JMHO

[majorjan]

as posted by Zina I spoke with Mom's cardiologist several hours ago. He said that the salt content of the food is a much greater concern than the, and these are her words,"alleged sodium- filled ship's water". Other factors such as heat, excessive alcohol, saltier air ( yup- you are breathing it and it gets in to your system) etc contribute to the swelling seen in cruise passengers. Also said that the ship water is perfectly safe for anyone . He did recommend that the immunosuppressed seek other forms of vacationing and that women of child bearing age avoid the Caribbean if they plan to become pregnant in the next 24 months. Zina.

he is at Johns-Hopkins, trust him implicitly.

 

Excellent post. so true. as evidenced by my swollen feet when cruising!

Edited July 9, 2016 by majorjan

[kerryincork]

The water from the tap I your room is the same as the buffet. There is no need to go all the way to the buffet to get water. Also if you are concerned about taps in room there are travel size packs of anti-bacterial wipes you can bring to clean before use. You can also get glasses of water from the bar.

[Annmeat]

The water from the tap I your room is the same as the buffet. There is no need to go all the way to the buffet to get water. Also if you are concerned about taps in room there are travel size packs of anti-bacterial wipes you can bring to clean before use. You can also get glasses of water from the bar.

 

 

 

And the room steward will bring you a pitcher of iced water as well.

 

Worried about goobers? PDI makes wipes packaged in individual packs, 50 per box that are bactericidal, fungicidal, tuberculocidal and virucidal. Use the wipe on a hard surface and in 3 minutes everything is dead that can killed without actual steam under pressure sterilization. They have the same ingredients that are used in ICU, ER, etc.

[NLH Arizona]

If you have a medical condition that requires special accommodation then you are covered by the ADA which specifically says that you may not be asked what your condition is or be forced to supply a doctors note. You simply have to state what you need for accommodations. That being said I don't know if a cruise ship has to follow U.S. ADA laws.

The only issue is that the poster doesn't want to pay the price of water and gatorade on the ship. Her situation is not covered under ADA laws, because NCL provides both water and gatorade on the ship for a price. A price that they sell it to every customer.

[swedish weave]

The only issue is that the poster doesn't want to pay the price of water and gatorade on the ship. Her situation is not covered under ADA laws, because NCL provides both water and gatorade on the ship for a price. A price that they sell it to every customer.

 

If they sell those items to the crew members at a reduced price, why would that not violate the ADA rules ?

[xxoocruiser]

If they sell those items to the crew members at a reduced price, why would that not violate the ADA rules ?

 

Crew members are governed by their international employment contracts with cruise lines and the reduced cost of items that can be purchased in the crew store are considered part of their benefits package and ADA does not apply.

 

It's only an ADA violation if the cruise ships embarks from a USA Port and its charges a disabled passenger more for water than an abled bodied passenger.

[xxoocruiser]

With all due respect, I find it very perplexing that claims are being made that NCL's new policy is an ADA violation. Clearly the individuals as making such claim do not have a clear understanding of how the ADA applies to cruise ships embarking from a USA Port.

 

First suggest you go back and read post # 227 regarding the USA Supreme Court Ruling pertaining to Spector vs. Norwegian Cruise lines.

 

Secondly from the Supreme Court decision, Spector v. NCL, which first applied the ADA to foreign flag cruise ships, the Court ruled that "without clear congressional intent", meaning that unless Congress specifically put wording into the ADA that applies it to foreign ships, that any portion of the ADA that affects the ship's "internal operations and procedures" would not apply. The ADA only applies to foreign flagged ships embarking from a USA Port on a limited basis specifically only to the public areas and accessible cabins of the ship and at that the USA Congress has yet to define how it applies to the public areas of the ship.

 

For the record the USA Congress has NOT amended the ADA to include the wording that would apply to any portion a foreign flagged ship's "internal operations and procedures". Even if the ADA is amended in the future the issue of NCL's new policy prohibiting passengers from bringing on board their own water and or Gatorade for medical need would still not be an ADA violation as NCL is not denying those passengers of obtaining the items by another means nor is NCL charging Disabled Passengers more for those items than it charges abled bodied passengers.

 

FYI - I am disabled.

Edited July 9, 2016 by xxoocruiser

[rvsullivan]

With all due respect, I find it very perplexing that claims are being made that NCL's new policy is an ADA violation. Clearly the individuals as making such claim do not have a clear understanding of how the ADA applies to cruise ships embarking from a USA Port.

 

First suggest you go back and read post # 227 regarding the USA Supreme Court Ruling pertaining to Spector vs. Norwegian Cruise lines.

 

Secondly from the Supreme Court decision, Spector v. NCL, which first applied the ADA to foreign flag cruise ships, the Court ruled that "without clear congressional intent", meaning that unless Congress specifically put wording into the ADA that applies it to foreign ships, that any portion of the ADA that affects the ship's "internal operations and procedures" would not apply. The ADA only applies to foreign flagged ships embarking from a USA Port on a limited basis specifically only to the public areas and accessible cabins of the ship and at that the USA Congress has yet to define how it applies to the public areas of the ship.

 

For the record the USA Congress has NOT amended the ADA to include the wording that would apply to any portion a foreign flagged ship's "internal operations and procedures". Even if the ADA is amended in the future the issue of NCL's new policy prohibiting passengers from bringing on board their own water and or Gatorade for medical need would still not be an ADA violation as NCL is not denying those passengers of obtaining the items by another means nor is NCL charging Disabled Passengers more for those items than it charges abled bodied passengers.

 

FYI - I am disabled.

 

Thank you!!! This should be the post of the day!

In general, the ADA only prevents entities from treating a disabled/handicapped individual differently than a non handicapped.

I think the OP is upset that they have to PAY for the products they need from the cruise line and not bring them aboard. Nothing illegal about NCL charging for the products.

[bermuda8553]

I am very interested in this subject as my daughter in law has colon cancer (28yrs old) They were suppose to be on the Dawn last 2 years for their honeymoon and had to cancell both times becuse of complications. We did have insurance., My point is you mentioned that they offered you and upgrade. I would suggest ask them instead of an upgrade cold they give you a $100 OBC that way you could use that to offset the cost of the liquids your husband needs. Sometimes it easier to get an OBC than trying to get what you really need.Its worth a try. Good luck to you both.

[richstowe]

I am very interested in this subject as my daughter in law has colon cancer (28yrs old) They were suppose to be on the Dawn last 2 years for their honeymoon and had to cancell both times becuse of complications. We did have insurance., My point is you mentioned that they offered you and upgrade. I would suggest ask them instead of an upgrade cold they give you a $100 OBC that way you could use that to offset the cost of the liquids your husband needs. Sometimes it easier to get an OBC than trying to get what you really need.Its worth a try. Good luck to you both.

Huh . Interesting suggestion . Possibly an excellent solution for both sides .

It doesn't alter a bad decision but for the OP it is a clever work around . Clever. :)

[Sissaaaaaa]

Why would ADA even apply to foreign flagged ships?

 

It doesn't. Spector v. Norwegian Cruise Lines, Ltd., 356 F.3d 641 (5th Cir. 2004). A reasonable accommodation must be made. Coke over pepsi doesn't apply. Carrying your own beverages on board, when they are sold on the ship, does not apply.

 

Edited - I see the case has already been posted. Disregard.

Edited July 9, 2016 by Sissaaaaaa

[fshagan]

The water from the tap I your room is the same as the buffet. There is no need to go all the way to the buffet to get water. Also if you are concerned about taps in room there are travel size packs of anti-bacterial wipes you can bring to clean before use. You can also get glasses of water from the bar.

 

It is not the same. It is chlorinated. It tastes like it has had dirty socks floating in it. The water at the buffet, at bars, and served in restaurants is carbon filtered and the chlorine is removed. It tastes fine to me.

 

Saying "water = water" when people have a taste objection is like saying:

 

Pepsi = Coke

Bud Light = Yuengling

Two Buck Chuck Cabernet = 2001 Beringer Private Reserve Cabernet

McDonald's Burger = Five Guys Hamburger

[RDC1]

If they sell those items to the crew members at a reduced price, why would that not violate the ADA rules ?

 

Crew are not passenger or customers. ADA only deals with discrimination or failure to provide reasonable accommodation as far as customers are concerned.

 

The ship can give the crew water, let them carry on water, do whatever they want and ADA does not enter the picture. Unless of course they have a disabled crew member that they refuse to give water to, while giving it to the rest of the crew, then it might if it was a US flagged ship.

 

Also the crew would be considered to be internal ships operations and since it is foreign flagged would not apply.

Edited July 9, 2016 by RDC1

[swedish weave]

Crew are not passenger or customers. ADA only deals with discrimination or failure to provide reasonable accommodation as far as customers are concerned.

 

The ship can give the crew water, let them carry on water, do whatever they want and ADA does not enter the picture. Unless of course they have a disabled crew member that they refuse to give water to, while giving it to the rest of the crew, then it might if it was a US flagged ship.

 

Also the crew would be considered to be internal ships operations and since it is foreign flagged would not apply.

 

What do you have to support your statements? Shouldn't the ADA be concerned with ALL people instead of just crew or passengers?? The ships that call on USA ports fall under their jurisdiction.

 

https://www.federalregister.gov/.../transportation-for-individuals-with- disabilities-passenger-vessels‎Cached

SimilarJul 6, 2010 ... The Department does want to make clear its view that the ADA does cover ....

People who are “regarded as” having a disability, even if in fact they don't, ... from

the rulemaking supply vessels, crew boats, all vessels below a ... The rights of

individuals with disabilities are protected under the ADA whether or ...

Edited July 9, 2016 by swedish weave

[pspercy]

What do you have to support your statements? Shouldn't the ADA be concerned with ALL people instead of just crew or passengers?? The ships that call on USA ports fall under their jurisdiction.

 

https://www.federalregister.gov/.../transportation-for-individuals-with- disabilities-passenger-vessels‎Cached

SimilarJul 6, 2010 ... The Department does want to make clear its view that the ADA does cover ....

People who are “regarded as” having a disability, even if in fact they don't, ... from

the rulemaking supply vessels, crew boats, all vessels below a ... The rights of

individuals with disabilities are protected under the ADA whether or ...

 

Posts 224, 227, 239. Suspect crew falls under "internal operations".

[RDC1]

What do you have to support your statements? Shouldn't the ADA be concerned with ALL people instead of just crew or passengers?? The ships that call on USA ports fall under their jurisdiction.

 

https://www.federalregister.gov/.../transportation-for-individuals-with- disabilities-passenger-vessels‎Cached

SimilarJul 6, 2010 ... The Department does want to make clear its view that the ADA does cover ....

People who are “regarded as” having a disability, even if in fact they don't, ... from

the rulemaking supply vessels, crew boats, all vessels below a ... The rights of

individuals with disabilities are protected under the ADA whether or ...

 

The ADA impact ships that call on US ports to some degree. It does not have jurisdiction over internal ship operations (atleast according to the supreme court decision that has been referenced). So as far as guest room and some other features that face the passenger it impacts the ship. As far as everything internal to the cruise line it does not.

 

 

Even with companies fully inside the US, a company may have benefits that it provides its employees, that it does not provide its customers. The fact that a customer has a disability would not allow the customer to claim that a company was providing a benefit to its employees, but not to its disabled customers as a violation of the ADA.

 

Originally Posted by swedish weave

If they sell those items to the crew members at a reduced price, why would that not violate the ADA rules ?

Crew are not passenger or customers. ADA only deals with discrimination or failure to provide reasonable accommodation as far as customers are concerned.

 

It is not a violation of the ADA, even if it was an on shore company.

Edited July 9, 2016 by RDC1

[swedish weave]

the ada impact ships that call on us ports to some degree. It does not have jurisdiction over internal ship operations (atleast according to the supreme court decision that has been referenced). So as far as guest room and some other features that face the passenger it impacts the ship. As far as everything internal to the cruise line it does not.

 

 

Even with companies fully inside the us, a company may have benefits that it provides its employees, that it does not provide its customers. The fact that a customer has a disability would not allow the customer to claim that a company was providing a benefit to its employees, but not to its disabled customers as a violation of the ada.

 

 

 

It is not a violation of the ada, even if it was an on shore company.

 

nonsense !!!!! Has your theory been tested ??

[RDC1]

nonsense !!!!! Has your theory been tested ??

 

Yep