SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND ATLANTIS EVENTS, INC. UNDER THE AMERICANS WITH DISABILITIES ACT

III. REMEDIAL ACTIONS

A. Non-Discrimination

16. Atlantis will not discriminate against any individual on the basis of disability in the full and equal enjoyment of any of its goods, services, facilities, privileges, advantages, or accommodations or otherwise violate any provision of title III of the ADA, 42 U.S.C. §§ 12181-12189, or the title III implementing regulation, 28 C.F.R. pt. 36, including but not limited to the following:

    1. Atlantis will not impose or apply eligibility criteria that screen out or tend to screen out an individual on the basis of disability from fully and equally enjoying any of its goods, services, facilities, privileges, advantages, or accommodations, 42 U.S.C. § 12182(b)(2)(A)(i) and 28 C.F.R. § 36.301(a);

    2. Atlantis will make reasonable modifications in policies, practices, and procedures when such modifications are necessary to afford such goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, 42 U.S.C. § 12182(b)(2)(A)(ii) and 28 C.F.R. § 36.302;

    3. Atlantis will furnish appropriate auxiliary aids and services, free of charge, when necessary to ensure effective communication with individuals with disabilities and shall take any and all 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, 42 U.S.C. § 12182(b)(2)(A)(iii) and 28 C.F.R. §§ 36.301(c), 36.303; and

    4. Atlantis will also facilitate requests for accommodation from individuals with disabilities and provide timely responses to those individuals about those requests; and

    5. Atlantis will not engage in retaliation, coercion, interference, intimidation, or any other action prohibited by the ADA, 42 U.S.C. § 12203 and 28 C.F.R. § 36.206.

B. Adoption and Implementation of ADA Accessibility Policy

17. As of the effective date of this Agreement, Atlantis has adopted and implemented an ADA Accessibility Policy (“ADA Policy”) that includes the following:

    1. Effective Communication

    2. Service Animals

    3. Reservations

    4. Website

    5. Training

    6. General provisions

    A copy of the ADA Policy is attached and incorporated into this Agreement as Attachment A.  Atlantis may revise and update the ADA Policy periodically with notice to the United States during the term of this Agreement.

18. Within ten (10) days of the effective date of this Agreement, Atlantis will distribute the ADA Policy to all employees and contractors who have contact with the public either in person, through the telephone, by the computer, or by any other means.  Atlantis will send to the United States documentation confirming the implementation and distribution of the ADA Policy to Atlantis’ employees and contractors. 

19. Within three (3) days of their hire or engagement date, Atlantis will distribute the ADA Policy to all newly hired employees and contractors who have duties involving contact with the public either in person, through the telephone, by the computer, or by any other means.

20. Within three (3) days of the effective date of this Agreement, Atlantis will post and maintain a copy of the ADA Policy in all Atlantis office locations in a conspicuous place where employees and the public can readily read it, such as the employee lounge area or at public entrances.  The ADA Policy posted in Atlantis office locations must be printed in a bold font no smaller than 20 points on a contrasting background.  The heading on the posted ADA Policy will be printed in capital letters in a bold font no smaller than 26 points.  Physical copies of the posted ADA Policy will be maintained, refreshed, and reposted, as necessary, for the term of this Agreement.

21. Within ten (10) days of the effective date of this Agreement, Atlantis will post and maintain a copy of the ADA Policy on its website in a location that is easy for the public to find (i.e., directly linked to the primary web portals used by the public with an appropriate description of the Policy at the link located on those portals – e.g., ADA Accessibility Policy), in a format accessible to persons with disabilities.

22. Within forty-five (45) days of the effective date of this Agreement, Atlantis will provide the United States with reasonable proof of posting the ADA Policy in all Atlantis office locations and on its website.

23. Within sixty (60) days of the effective date of this Agreement and thereafter at least once per year, Atlantis shall provide an educational training program regarding its obligations under title III of the ADA, this Agreement, and the ADA Accessibility Policy to all Atlantis managers, employees and contractors who have contact with the public  Newly hired employees who have contact with the public shall be provided with the training within sixty (60) days of their hire date.  The training program, the trainer and materials, which must be approved in advance by the United States, will be no less than one hour in duration, will be conducted separately from any training on nondiscrimination in employment, will provide employees and contractors an opportunity to ask questions and get them answered, and will be conducted by a person or organization with expertise regarding the requirements of title III of the ADA.  Atlantis will bear all costs associated with the development and delivery of this training program to its employees and contractors.  Pursuant to its reporting obligations under this Agreement, Atlantis will send the United States reasonable proof that each training has occurred and that all employees and contractors have received it.

C. Corporate ADA Contact Person, ADA Liaison, and ADA Grievance Procedure

24. Within sixty (60) days of the effective date of this Agreement, Atlantis will designate or hire a Corporate ADA Contact Person and identify that person to the United States.  The Corporate ADA Contact Person will serve as Atlantis’ primary administrative contact on disability issues for the public and for the parties to this Agreement.  The Corporate ADA Contact Person position must have authority within Atlantis to implement changes and effectuate this Agreement.  The Corporate ADA Contact Person will be responsible for Atlantis’ compliance with title III of the ADA and for implementing and administering Atlantis’ obligations under this Agreement, including compliance with all reporting requirements herein.  Any person appointed under this paragraph will receive, at Atlantis’ expense, appropriate training on the requirements of title III of the ADA no later than thirty (30) days after appointment.

25. Within sixty (60) days of the effective date of this Agreement, Atlantis will designate and prominently post on its website the name and contact information of the Corporate ADA Contact Person.  In addition, no later than thirty (30) days before any particular cruise disembarks, Atlantis will designate an ADA Liaison for that vessel who will travel aboard the vessel for the entirety of the cruise.  Any person appointed under this paragraph must be a regular employee of Atlantis and must have a background and training in disability issues and ADA compliance. 

26. Commencing sixty (60) days from the effective date of this Agreement, Atlantis will place notices in the passenger information advising them that the ADA Liaison shall be responsible for handling any disability-related requests from the passengers and patrons onboard.  The ADA Liaison’s obligation shall be to act as an intermediary between the passenger and the cruise line with the objective of meeting the passenger’s disability-related needs.  Each ADA Liaison shall also be responsible for documenting disability-related requests on board ships during the duration of the cruise and will report the nature and outcome of all ADA-related requests to the Corporate ADA Contact Person.

27. Within thirty (30) days of Atlantis’ receipt of a lawsuit, complaint, charge, or grievance alleging a violation of title III of the ADA, Atlantis will notify the United States in writing via certified mail or overnight delivery.  Such notification will be made to the attention of the U.S. Department of Justice, Civil Rights Division, Disability Rights Section – NYA, 950 Pennsylvania Ave., NW, Washington, DC 20530.  The notification to the United States will include the nature of the allegation, the name and contact information of the person(s) making the allegation.  Atlantis will reference this provision of the Settlement Agreement in the notification to the United States.  A report of ADA complaints and grievances along with an explanation as to the resolution of each will be included in Atlantis’ annual compliance report pursuant to paragraph 36.

D. Effective Communication: Auxiliary Aids and Services

28. Atlantis will promptly respond to cruise line passengers’ requests for Appropriate Auxiliary Aids and Services, including qualified interpreters, for individuals who are deaf, hard of hearing, or deaf-blind so that individuals with disabilities may participate in programs, services or activities on an equal basis with other passengers.  Atlantis will facilitate resolution of requests for Appropriate Auxiliary Aids and Services between passengers with disabilities and cruise line operators.

29. On request of passengers with disabilities in connection with their communications with Atlantis in the booking process and related pre-boarding communications, Atlantis will provide appropriate alternate formats, including one or more of the following: Braille, large print, audio recording, or accessible electronic format, compact disc, digital video disc, or via text message   While primary consideration will be given to the format requested by the guest, if one is specified, Atlantis retains discretion to choose the format, taking into account burden and expense on Atlantis.  Requests for such accommodation must be made with sufficient advance notice but not less than 2 weeks to allow Atlantis to obtain and provide material in an alternate format.

E. Reservations

30. Atlantis’ policy will be that when booking accessible cabins, Atlantis will hold available accessible cabins until those cabins are the last cabins booked, unless they are booked by a person with a disability.  When a person with a disability seeks to book an accessible cabin in a class in which no accessible cabins exist on the ship and the desired class still has non-accessible cabins available for booking at that time, Atlantis will upgrade the person at no charge to an accessible cabin in the next immediately higher class, if available.

F. Website

31. The Atlantis website will contain a link to a separate section of the site regarding ADA accessibility and information on how to contact the Corporate ADA Contact Person.  The link will provide information on ADA policies and a notice of ADA compliance.  The link will contain information regarding the following:

    1. Contact information for the Corporate ADA Contact Person;

    2. General policies regarding accessibility, including information regarding Auxiliary Aids and Services generally offered by cruise line operators;

    3. Embarkation and disembarkation policies and procedures;

    4. Accessible emergency procedures, including Muster Drills (lifeboat and emergency evacuation drills);

    5. Policies regarding service animals; Excursion accessibility.