RNIB investigates Ryanair's online offering
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The scenario sounds like something right out of the DRC's Code of Practice.
Source - out-law: http://www.out-law.com/...
I recall another airline incident involving a maximum number of disabled passengers allowed on a flight, but today's the first time I've heard of RyanAir being invesigated because of its website.
http://www.accessifyforum.com/...
and, ahem, I've already made it pretty clear what I think...
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...or something.
| saintstreaky wrote: |
| Err, we didn't miss it. Gez has already posted the link |
Hehe - I even read that particular thread - thought it was all about the maximum number of disabled people allowed on a flight story. *sigh* serves me right for not RTFA.
Although the title of Gez's thread should have convinced me otherwise - being identical to this one. *shakes head*
This is the DRC's view on Ryanair and this is the DRC's view from 2003 on transport and the extension of the DDA
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Mike Abbott
Accessible to everyone
| Mikea wrote: |
| We are in an unfortunate position in that the DDA does not cover airlines This is the DRC's view on Ryanair and this is the DRC's view from 2003 on transport and the extension of the DDA |
admittedly i only skimmed over the linked articles, but: this seems to relate to their actual discrimination on the transport itself, but NOT on the fact that the service they offer on their website is discriminatory. as the code of practice for the DDA clearly makes the example of an airline website, i can't see how they can hide behind this unrelated loophole.
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Patrick H. Lauke / webmaster / University of Salford
co-lead: WaSP Accesibility Task Force
take it to the streets ... WaSP Street Team
personal: splintered | photographia | redux
co-author: Web Accessibility - Web Standards and Regulatory Compliance
| Mikea wrote: |
| We are in an unfortunate position in that the DDA does not cover airlines |
I'm more particularly interested in the discrimination regarding their website at the moment. And that's an interesting position. As you state, there are grounds to believe that the DDA does not cover airlines:
| s19(5) of UK DDA 1995 wrote: |
|
(5) Except in such circumstances as may be prescribed, this section and sections 20 and 21 do not apply to- (a) education which is funded, or secured, by a relevant body or provided at- (i) an establishment which is funded by such a body or by a Minister of the Crown; or (ii) any other establishment which is a school as defined in section 14(5) of the Further and Higher Education Act 1992 or section 135(1) of the Education (Scotland) Act 1980; (b) any service so far as it consists of the use of any means of transport; or (c) such other services as may be prescribed. |
What is interesting is the DRC's code of practice:
| DRC Code of Practice s19(3) wrote: |
|
2.17 It is important to remember that it is the provision of the service which is affected by Part III of the Act and not the nature of the service or business or the type of establishment from which it is provided. In many cases a service provider is providing a service by a number of different means. In some cases, however, each of those means of service might be regarded as a service in itself and subject to the Act. |
and goes on with the often quoted example:
| Quote: |
|
An airline company provides a flight reservation and booking service to the public on its website. This is a provision of a service and is subject to the Act. |
So as I understand it - the service of running an airline isn't covered by the DDA - as suggested above. But - the provision of a service to buy/acquire an airline ticket or reservation by an organisation that runs an airline is within scope of the Disability Discrimination Act.
RyanAir would have to successfully argue that selling airplane tickets on their website is "the use of any means of transport". It would be easy if the use of transport included paying for it the same day - like a taxi service. But for something booked weeks or months in advance - it would be difficult.
Thinking about an analogous situation - imagine if there was an item you could buy that a blind person couldn't under any circumstances use. Lets say its a cheap circular saw (not to be mistaken for the expensive one which could safely be used by a blind person - I have heard stories of blind people safely using circular saws - farfectched but true).
Now could someone successfully argue that our website, selling just cheap chainsaws doesn't have to be accessible because the product being sold doesn't fall under the DDA? I would say no. The purchase of the product is not always linked to who the intended user was. I think the same argument could be used in RyanAir's website case. Although their core business falls outside the DDA, its service of allowing people to buy tickets on the web is still covered by the DDA.
As with all this, IANAL.
Legalities aside, I would love the DRC, or someone in the media, to challenge them about the quote I gave in t'other thread and whether they stand by it with regard to their website:
| Quote: |
| Ryanair does not and has never discriminated against disabled passengers |
(From: http://www.ryanair.com/...)
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