Decision No. 487-AT-A-1999

Follow-up - Decision No. 324-AT-A-2000

August 17, 1999

File No. U 3570/99-22

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APPLICATION

On April 19, 1999, Elliott Richman filed an application with the Canadian Transportation Agency (hereinafter the Agency) with respect to the matter set out in the title.

Lufthansa German Airlines (hereinafter Lufthansa) filed its answer on May 14, 1999. No reply was filed by Mr. Richman.

ISSUE

The issue to be addressed is whether the absence of a TTY reservation number in Lufthansa's advertisement constituted an undue obstacle to Mr. Richman's mobility and, if so, what corrective measures should be taken.

FACTS

Mr. Richman is deaf and uses a TTY to communicate by telephone. In an April 9,1999 advertisement in the Globe and Mail newspaper, Lufthansa promoted fares between points in Canada and Germany. While the advertisement provided a reservation voice number, it did not contain an alternative way of communication for the deaf, for example, a TTY reservation number.

Lufthansa does not have a TTY line. In the absence of a TTY reservation line, it uses Bell Canada's TTY operator service, "Bell Relay Service". Lufthansa's reservations department is accessible by regular phone, by fax or via its Canadian web site.

POSITIONS OF THE PARTIES

Mr. Richman submits that, since all his telecommunications are made only through TTYs, he was dismayed to note the absence of such a number in Lufthansa's advertisement. Mr. Richman states that not providing an equivalent TTY reservation line posed an undue hardship. He requests that all future Lufthansa advertisements list both its toll-free TTY and its toll-free "hearing" reservation numbers.

Lufthansa acknowledges that its passengers have "every right to receive service in line with their expectations" and appreciates Mr. Richman's comments on its recent advertisement. Lufthansa explains that, although it does not publish a TTY number, its advertisements normally contain its web site addresses and it provided copies of previous advertisements in newspapers showing this. Lufthansa recognizes that not adding its web site address on the advertisement was an oversight and apologizes for that. Lufthansa states that its Marketing Department has been advised of this situation and that advertisements will now be double-checked. The carrier explains that the special fare on the advertisement was published on Lufthansa's International, United States and Canadian web site addresses and those sites lead to its e-mail address, which is accessible to all customers.

Lufthansa submits that, in the absence of a TTY reservation line, it frequently uses Bell Relay Service, with positive results. Lufthansa explains that this service is for persons who are deaf or hard of hearing and appears to be well known in that community. It also submits that, most of the time, this service is initiated by the public as all Lufthansa's numbers are listed in local telephone directories.

Lufthansa submits that it is presently investigating the possibility of including a TTY application on the new toll-free telephone system, which is to be installed during the second half of 1999. The carrier is confident that Mr. Richman's future dealings with Lufthansa will be fully satisfactory.

ANALYSIS AND FINDINGS

In making its findings, the Agency has considered all the material submitted by the parties during the pleadings.

While Mr. Richman complained about the absence of a TTY reservation number in Lufthansa's advertisement, it was noted in the course of pleadings that Lufthansa does not have a TTY reservation line.

The Agency is of the opinion that the ability to communicate independently by telephone is essential for all travellers, including persons who are deaf or hard of hearing, and, as such, access to TTY lines is required. Although Lufthansa does provide alternate ways to communicate directly with the carrier (for example, fax number, e-mail, and web sites), the Agency finds that these alternatives are not necessarily accessible to all persons with disabilities. The Agency also notes that, in many cases, for persons who are deaf, the use of a TTY is considered the most effective way to communicate.

The Agency notes that Lufthansa also makes use of Bell Relay Service. The Agency finds that, although the service is a minimum requirement for persons who are deaf or hard of hearing to communicate with all others, it does not provide these persons with an independent means of communication. The Agency is of the opinion that large or significant transportation service providers, such as Lufthansa, should provide to persons who are deaf or hard of hearing an independent way to communicate with them.

The Agency finds that Lufthansa's failure to provide an independent means of communication constituted an obstacle to Mr. Richman's mobility. In addition, the alternatives provided were not necessarily appropriate as facsimile, e-mail and web sites are not accessible to all and the Bell Relay System does not provide an independent means of communication. The Agency finds the obstacle to be undue as TTYs are easily available, there is a limited cost associated with the provision of a TTY line and Lufthansa is one of the largest international air carriers that operates to and from Canada.

CONCLUSION

Based on the above findings, the Agency finds that the absence of a TTY number constituted an undue obstacle to Mr. Richman's mobility.

Accordingly, the Agency hereby requires Lufthansa:

• to complete the installation of a TTY reservation line within sixty (60) days from the date of this decision; and to provide the Agency with a written confirmation that the TTY line has been installed;
• to ensure that the TTY number is included on its web site, in all seat sales advertisements, and in all future publications providing information about the air carrier that is otherwise available to the general public.

Following its review of the requested information, the Agency will determine whether further action is required.