Decision No. 588-AT-A-2005

September 27, 2005

Follow-up - Decision No. 622-AT-A-2006

September 27, 2005

APPLICATION by Peter E. Pawley pursuant to subsection 172(1) of the Canada Transportation Act, S.C., 1996, c. 10 regarding difficulties he encountered when he travelled with Koninklijke Luchtvaart Maatschappij, N.V. (K.L.M. Royal Dutch Airlines) on a round-trip between Toronto, Ontario, Canada and Bristol, England via Amsterdam, Netherlands departing on April 11, 2005 and returning on April 18, 2005.

File No. U3570/05-17


APPLICATION

[1] On May 10, 2005, Peter E. Pawley filed with the Canadian Transportation Agency (hereinafter the Agency) the application set out in the title. Included with Mr. Pawley's application was a copy of a medical certificate, his itinerary, boarding passes and his electronic ticket receipt.

[2] On May 16, 2005, Koninklijke Luchtvaart Maatschappij, N.V. (K.L.M. Royal Dutch Airlines) (hereinafter KLM) was provided thirty (30) days to file its answer to the application, including a copy of the reservation record as well as all files and documents with respect to Mr. Pawley's trip. As service requests were made through a travel agent, New Wave Travel was requested to file documentation regarding any communications between it and KLM with respect to Mr. Pawley's travel.

[3] On May 31, 2005, KLM filed its answer and included copies of Mr. Pawley's Passenger Name Record (hereinafter PNR), excerpts from its Passenger Handling Manual with respect to seating and assistance as well as seating diagrams for the Fokker F70 and for the Boeing 747-400 aircraft.

[4] On June 23, 2005, New Wave Travel provided its response including a copy of Mr. Pawley's reservation record.

[5] Pursuant to subsection 29(1) of the Canada Transportation Act (hereinafter the CTA), the Agency is required to make its decision no later than 120 days after the application is received unless the parties agree to an extension. In this case, the parties have agreed to an extension of the deadline until September 28, 2005.

ISSUES

[6] The issue to be addressed is whether the seats assigned to Mr. Pawley on Flight Nos. 692 and 691 as well as the level of wheelchair assistance provided at the Toronto-Lester B. Pearson International Airport (hereinafter the Toronto airport) and the airport in Amsterdam constituted undue obstacles to his mobility, and, if so, what corrective measures should be taken.

FACTS

[7] Mr. Pawley is unable to lift objects weighing more than twenty pounds, climb stairs or walk more than five feet without the use of a walking stick due to the loss of three intervertebral discs. Mr. Pawley also experiences pain in his right leg.

[8] Mr. Pawley filed the following documentation: a medical certificate signed by his doctor which indicates that Mr. Pawley requires bulkhead seating as he requires room to stretch his legs; a copy of the electronic ticket receipt; a boarding pass for April 18, 2005; and an itinerary. The boarding pass for Flight No. 691 indicates that he was assigned seat 57G and the itinerary indicates that he was assigned seat 39H.

[9] On April 6, 2005, Mr. Pawley booked through his travel agent at New Wave Travel a round trip departing on April 11, 2005 and returning on April 18, 2005 with KLM between Toronto and Bristol, with a connection in Amsterdam. When making his travel arrangements, Mr. Pawley informed his travel agent that he requires a wheelchair for distances and bulkhead seating. Mr. Pawley also informed his travel agent that he had a doctor's note to substantiate the seating request.

[10] The travel agency's reservation record indicates that the travel agent made a special service request (hereinafter SSR) for wheelchair assistance (hereinafter WCHR) which identifies customers who can ascend/descend steps and make their own way to/from the cabin seat, but require wheelchair assistance for distance to/from aircraft i.e. across ramp, fingerdock or to mobile lounge as applicable. The request for bulkhead seating was made through a message in Other Service Information (hereinafter OSI) sent to the carrier. This message read: " Please assign bulkhead seating for passenger; passenger has doctor's note for bulkhead seat."

[11] KLM has a computer system that generates a PNR which contains information about the passenger, including the passenger's specific needs. Mr. Pawley's PNR contains the code "WCHR". Further, regarding the seat the following notation appears: "REQUEST NOTED FOR CHECK-IN". The OSI message shows the request for bulkhead seating and indicates that the passenger has a doctor's note stating that the passenger requires bulkhead seating.

[12] Mr. Pawley travelled from Toronto to Amsterdam on KLM Flight No. 692 on April 11, 2005 and returned on KLM Flight No. 691 on April 18, 2005. These flights were operated with a Boeing 747-400 aircraft.

[13] On April 11, 2005, Mr. Pawley checked in at 2 p.m. for his 6 p.m. flight. He was provided with wheelchair assistance from check-in to the boarding area. Mr. Pawley walked from the boarding area onto the aircraft as no further wheelchair assistance was provided. Mr. Pawley was assigned a centre seat with no room to extend his leg.

[14] On April 18, 2005, in Amsterdam, Mr. Pawley was provided with assistance in transferring from the aircraft arriving from Bristol to the departure area for the aircraft departing for Toronto. Mr. Pawley then had to walk from the boarding area onto the aircraft as he was not provided with wheelchair assistance. Mr. Pawley was assigned a centre seat with no room to extend his leg.

[15] KLM submitted various sections of its Passenger Handling Manual concerning its policies and procedures for passengers with disabilities which provide, in part, as follows:

Section 10.2.10 - Assistance to Incapacitated Passengers

[16] A. General procedure

  • To assure that the appropriate service will be delivered, it is important that the sale agent - by asking - verifies with the passenger whether the available service(s) meet(s) all of the customer's needs. The use of the correct SSR codes in the reservation records is essential in order to deliver the proper service.
  • Incapacitated passengers have seating priority over other passengers.
  • When requested, ground staff will help the incapacitated passengers through immigration and with the delivery of their baggage.

Section 10.2.11 KLM CARES telephone and E-Mail Service

[17] A special service telephone number and an e-mail address is available for passengers and sales agents to inquire about reservations and services for incapacitated passengers. Staff of the Cygnific Call Centre at Amsterdam answering the calls and e-mails are specially trained to answer specific questions and make flight and special service reservations for incapacitated passengers. If necessary they will re-direct a call or e-mail to the appropriate department. The Call Centre can be reached 24 hours a day and 7 days a week. The telephone number and e-mail address are communicated to passengers in the special KLM folder "Air travel for physically challenged passengers".

Section 10.2.14 Special Groups and Delegations

[18] A. General

The procedures described in chapter 10.2 are established to give all incapacitated passengers a smooth trip, whether travelling alone, with family, friends or in a group.

There are situations though, where KLM wants to be able to anticipate on a trip and monitor the trip. Such situations occur when it concerns trips of incapacitated passengers or groups, who, because of their status or influence, are subject to media attention. For example: participants in paralympics, incapacitated passengers travelling with press, delegates looking after the interests of incapacitated passengers, etc. In such situations the checklist (sub B) must be used in order to inform all departments involved and to ensure a positive experience for these passengers.

[19] B. Action Checklist

Department Task
Sales Office - Inserts the appropriate SSR/OSI in the PNR(s) concerned.
  - Sends PNRs of groups/individuals mentioned under 10.2.14 sub A to OCCRCKL.
Special Reservations - Checks/corrects SSR items in PNR to ensure auto-editing in DCS.
  - Adds in PNR: OSI VIP plus explanation, to inform stations and cabin crew about the special attention required.
  - Adds in PNR: OSI VIP plus explanation, to inform stations and cabin crew about the special attention required.
  - Allocates seats. Advises no legspace in M-Class if this is requested.
  - Informs SPL/ST and paramedics.
  - Inform Special Event Manager (SPL/SL).

9.2.1 General Seat Reservation

  • [20] Reserved seats will be confirmed in the PNR. However, we cannot guarantee that passenger gets the reserved seat.
  • [21] KLM reserved the right to change seat assignments, even after boarding of the aircraft, for operational, safety or security reasons.
  • [22] For special cases such as: medical cases, passengers travelling with a pet or cradle, it is always allowed to apply for a specific seat.

9.2.11 Incapacitated Passengers

[23] A. General procedure

  • Seat incapacitated passengers preferably: near toilets; in the vicinity of the door; or rows with movable armrest; in the middle section on wide body aircraft.
  • Persons with a disability affecting only one side of the body should be seated in an aisle seat in such a way that the unaffected side of the body faces the aisle. This will facilitate their mobility, if so required.

[24] Under the heading "Seating" in KLM's brochure entitled "Carefree travel" which is accessible through KLM's Web site:

For your convenience we have seats with moveable armrests on all KLM aircraft. In consultation with you and your reservation agent, the most suitable seat will be selected. Please call +800 KLMCARES for more information regarding seat selection.

POSITIONS OF THE PARTIES

Mr. Pawley

[25] Mr. Pawley explains that he had to make an emergency trip from Toronto to England on April 11, 2005, and that he was advised by his travel agent that if he arrived at Terminal 3 in Toronto early, he would stand a better chance of getting a bulkhead seat with his doctor's note. Mr. Pawley points out that he was first in line as he arrived at 2 p.m. for his 6 p.m. flight and that he was assigned a centre seat with no room to extend his leg.

[26] Mr. Pawley submits that he was assisted to the boarding area by wheelchair, but he had to walk over 50 feet to the aircraft. Mr. Pawley states that he received the same treatment on his return trip, in that in Amsterdam he had to walk from the boarding area onto the aircraft.

[27] Mr. Pawley submits that upon boarding, he requested bulkhead seating but was assigned a seat in the centre row with no room to stretch his leg. Mr. Pawley alleges that he was told by KLM's personnel that his disability did not mean anything to them. Mr. Pawley further submits that when the person seating in front of him pushed his seat back, he was left with minimal space.

KLM

[28] KLM states that the wheelchair request entered in the PNR by the travel agency was "WCHR" which indicates that a passenger can walk short distances and ascend/descend steps, but needs assistance for longer distances. KLM adds that this wheelchair code does not alert its agents to a passenger's need for assistance onto and off the aircraft.

[29] KLM explains that advance requests for special seating are handled by the KLM medical desk at its reservation office in the United States. The reservation office has no record of any contact from either Mr. Pawley or his travel agent indicating a need for bulkhead seating. KLM submits that the travel agent entered notes in Mr. Pawley's PNR advising that he wished to receive bulkhead seating; however, these notes are not transmitted to KLM's reservations department.

[30] KLM states that it is sorry that Mr. Pawley did not receive enplaning assistance or bulkhead seating when boarding Flight No. 692 on April 11, 2005. KLM submits that it is not clear that Mr. Pawley made a request to the personnel at check-in for either a bulkhead seat or for boarding assistance. KLM adds that because its passengers with disabilities have differing preferences and degrees of independence, KLM relies upon clear communication from its passengers regarding their needs and how its personnel can be of assistance.

[31] KLM explains that when passengers request bulkhead seating at check-in, its gate agents will do their best to accommodate a passenger. However, passengers already seated in the bulkhead seats may have indicated a special need for those seats as well, either due to a disability or because a passenger was travelling with a child using a bassinette. KLM points out that on its aircraft, the bulkhead seats do not always offer room to stretch legs because they have a hard divider in front of them.

[32] KLM submits that because of the volume of passengers transiting Schiphol, the agents at the Amsterdam airport use advance requests to plan assistance for inbound flights. KLM states that if all requests indicate that passengers are ambulatory, a minicar is sent to the gate to assist passengers; a wheelchair is sent to assist passengers who need help off the aircraft only if a passenger's request indicates a need for that assistance. If a passenger advises KLM of a need for a wheelchair upon arrival, it can be provided, but there will be a brief wait for the wheelchair to be obtained.

[33] KLM explains that the Toronto airport procedure for arriving passengers who need assistance off the aircraft is for the passengers to remain on the aircraft and deplane last. KLM states that there are wheelchairs nearby to assist any passenger who cannot walk to the minicar which takes passengers to the Customs hall. KLM further states that the minicar takes passengers to a bench, at which time a wheelchair attendant assists passengers through the Customs and Baggage Claim area. KLM indicates that while its personnel are aware that passengers are eager to clear customs and reach their destination, passengers who wish to have assistance may need to identify themselves and to wait for a short time. In this regard, KLM submits that although Mr. Pawley's name was on the list of passengers needing assistance upon arrival of KLM Flight No. 691 in Toronto on April 18, 2005, his name was the only name not checked off by the agents as identifying himself as a passenger needing assistance. KLM states, therefore, that while it regrets Mr. Pawley's disappointment with the service that he received, it appears that the lack of service was due to miscommunication.

[34] KLM apologizes to Mr. Pawley and, as a gesture of goodwill, offers Mr. Pawley a travel credit totalling 200$US to be applied to a future ticket purchase.

New Wave Travel Agency

[35] The travel agent states that Mr. Pawley requested a wheelchair for distance. She adds that she also asked for appropriate bulkhead seating and specified that Mr. Pawley had a doctor's note to substantiate his need for such seating.

[36] The travel agent submits that the wheelchair for distance was requested on all sectors "NN" and was subsequently confirmed on all sectors "KK". According to the International Air Transport Association's (IATA) Reservations Services Manual, the code "NN" means "Need. Reply required indicating action taken using appropriate code" and "KK" means "Confirming". With respect to the bulkhead seating request, an OSI message was sent to the air carrier. The travel agent submits that seating arrangements are ultimately in the hands of the air carrier and she can only make a request.

ANALYSIS AND FINDINGS

[37] In making its findings, the Agency has considered all of the evidence submitted by the parties during the pleadings.

[38] An application must be filed by a person with a disability or on behalf of a person with disability. Mr. Pawley has a mobility impairment and he is unable to lift objects weighing over twenty pounds, climb stairs or walk more than five feet without the use of a walking stick. In addition, Mr. Pawley requires bulkhead seating as he needs room to stretch his legs. As such, Mr. Pawley is a person with a disability for the purpose of applying the accessibility provisions of the CTA.

[39] To determine whether there is an undue obstacle to the mobility of persons with disabilities within the meaning of subsection 172(1) of the CTA, the Agency must first determine whether the applicant's mobility was restricted or limited by an obstacle. If so, the Agency must then decide whether that obstacle was undue. In order to answer these questions, the Agency must take into consideration the particular facts of the case before it.

Whether the applicant's mobility was restricted or limited by an obstacle

[40] The word "obstacle" is not defined in the CTA. This implies that Parliament did not want to restrict the Agency's jurisdiction in view of its mandate to eliminate undue obstacles in the federal transportation network. Furthermore, the word "obstacle" lends itself to a broad meaning as it is usually understood to mean something that impedes progress or achievement.

[41] In determining whether or not a situation constituted an "obstacle" to the mobility of a person with a disability in a particular case, the Agency looks to the travel experience of that person as expressed in the application. There is a broad range of circumstances where the Agency has found obstacles in the past. For example, there are cases of obstacles where the person was prevented from travelling, where the person was injured in the course of his or her travels (such as where the lack of appropriate accommodation during travel affects the physical condition of the passenger), or where the person was deprived of his or her mobility aid after the trip as a result of damage caused to the aid while it was being transported. Also, the Agency has found obstacles in instances where the person was ultimately able to travel, but circumstances arising from the experience were such as to detract from the person's sense of confidence, dignity, safety, or security, recognizing that these feelings may be such as to disincline a person from future travel.

The case at hand

Level of wheelchair assistance

[42] Mr. Pawley's PNR includes the service requirement code "WCHR" which indicates the need for wheelchair assistance for distance to and from an aircraft. The Agency notes that, at the Toronto airport, Mr. Pawley was provided with wheelchair assistance to the boarding area and he had to walk to get on board the aircraft. At the Amsterdam airport, Mr. Pawley was provided with assistance by a motor cart which took him to the boarding gate and from there he had to walk to get on board the aircraft. The Agency recognizes that carriers have various mechanisms in place to provide assistance, one of them being transportation by cart. The Agency accepts KLM's explanation that, because of the volume of passengers, the Amsterdam airport will send a minicar to the gate to assist passengers if all the requests for assistance indicate that the passengers are ambulatory.

[43] In this case, Mr. Pawley was provided with the assistance that he had requested. The Agency notes that the code WCHR is for persons who can ascend/descend steps and make their own way to/from the cabin seat, but require wheelchair assistance for distance to/from the aircraft i.e. across ramp, fingerdock or to mobile lounge as applicable. This internationally recognized code used by the industry and in particular by air carriers and travel agents is not appropriate for passengers who can not ascend/descend stairs or require further assistance to board the aircraft (i.e., transfer assistance). If Mr. Pawley requires assistance with stairs and in enplaning and deplaning, this assistance should be requested and the travel agent should enter the corresponding code in the PNR. The Agency is of the opinion that when a person with a disability knows that he or she requires assistance, there is a responsibility on the part of the person, and the travel agent acting on his or her behalf, to identify this need in order to allow the carrier to take appropriate measures to meet this need. Further, the Agency notes that there is no evidence establishing that once Mr. Pawley realized that he was not going to receive enplaning or deplaning assistance, he took measures to address this situation with KLM.

[44] The Agency therefore finds that the level of wheelchair assistance provided to Mr. Pawley by KLM at the Toronto and Amsterdam airports did not constitute an obstacle to his mobility.

Seating assignment

[45] The Agency recognizes the steps taken by Mr. Pawley to obtain seating which met his needs, beginning with the request made to his travel agent at booking and the fact that Mr. Pawley arrived early for check-in and that he had with him a medical certificate indicating his requirement for bulkhead seating. However, he was not provided with a bulkhead seat. The Agency notes that, for both segments of his trip, Mr. Pawley was assigned a middle seat that did not meet his needs as he was not able to stretch his leg.

[46] The Agency therefore finds that the seats assigned to Mr. Pawley on the KLM flight from Toronto to Amsterdam and his return flight constituted an obstacle to his mobility.

Whether the obstacle was undue

[47] As with the term "obstacle", the term "undue" is not defined in the CTA in order to allow the Agency to exercise its discretion to eliminate undue obstacles in the federal transportation network. The word "undue" also lends itself to a broad meaning; it is commonly understood to mean exceeding or violating propriety or fitness; excessive; inordinate; disproportionate. As something may be found disproportionate or excessive in one case and not in another, the Agency must take into account the context in which the allegation that an obstacle is undue is made. Under this contextual approach, the Agency must strike a balance between the rights of passengers with disabilities to use the federal transportation network without encountering undue obstacles and the carriers' commercial and operational considerations and responsibilities. This interpretation is in keeping with the national transportation policy set out in section 5 of the CTA and more particularly in subparagraph 5(g)(ii) of the CTA where it is stated inter alia that conditions under which carriers or modes of transportation operate must, as far as is practicable, not constitute an undue obstacle to the mobility of persons with disabilities.

[48] While the transportation industry designs its services to meet the needs of its users, the accessibility provisions of the CTA require transportation service providers in the federal transportation network to adapt their services, as far as is practicable, to the needs of persons with disabilities. There are however some impediments that have to be taken into consideration, such as security measures carriers must adopt and apply, timetables or schedules that they must attempt to adhere to for commercial reasons, equipment design and the economic impact of adapting services. These impediments may have some impact on persons with disabilities as, for example, they may not be able to board in their own wheelchair, they may have to arrive at a terminal earlier to allow time for boarding, and they may have to wait for a longer period of time for deboarding assistance than persons without disabilities. It is impossible to establish an exhaustive list of the obstacles a passenger with a disability may encounter and the impediments that transportation service providers will encounter in trying to meet the needs of persons with disabilities. A balance has to be struck between the various responsibilities of transportation service providers and the rights of persons with disabilities to travel without encountering undue obstacles and it is in the weighing of this balance that the Agency applies the concept of undueness.

The case at hand

Seating assignment

[49] Having found that the seats assigned to Mr. Pawley on the KLM flight from Toronto to Amsterdam and his return flight constituted an obstacle to his mobility, the Agency will now determine whether the obstacle was undue.

[50] The Agency is of the opinion that proper seating while travelling is crucial for a person with a disability. The Agency recognizes that if a person with a disability is unable to book the most accessible seat in advance of travel, it is often difficult to do so at the time of check-in as such a seat may have already been assigned to another passenger. In such instances, it is often difficult or impossible to rearrange seating so that the person with a disability is assigned the most accessible seat, the consequences of which could result in discomfort, pain and injury from having to occupy a seat that does not accommodate his/her needs.

[51] The Agency notes that Mr. Pawley arrived at airport check-in early and had with him a medical certificate indicating his requirement for bulkhead seating. Once on board the aircraft, Mr. Pawley again attempted to secure bulkhead seating, but his request was denied by KLM personnel. KLM's policy clearly states that passengers with disabilities have seating priority over other passengers. The Agency also notes that, from the evidence on file, there is no indication that the bulkhead seats were, in fact, occupied by other passengers with disabilities who required seats with extra leg room. It would therefore appear that KLM did not apply its policy. The Agency is of the opinion that carriers should give priority to a customer who requires a specific seat type over a person who prefers, but does not require, that particular seating.

[52] The Agency is of the opinion that KLM personnel at check-in failed to enter into a dialogue with Mr. Pawley concerning his particular needs. They also failed to convey information to Mr. Pawley on the available seating alternatives to allow him to make an informed decision, based on his needs, on the most suitable seat. Consequently, the Agency is of the opinion that by failing to effectively communicate with Mr. Pawley regarding possible seating alternatives with the relevant accessibility features, KLM personnel demonstrated a lack of awareness of, and sensitivity to Mr. Pawley's particular needs.

[53] The Agency notes KLM's submission that advance requests for seating are handled by its medical desk at its reservation office in the United States and that for pre-travel requests for assistance, KLM offers a dedicated toll-free telephone number for questions related to services and reservations for passengers with disabilities. The Agency also notes that the sections on seating or assistance to passengers with disabilities in KLM's Passenger Handling Manual do not specifically state that passengers/travel agents should contact the KLM medical desk. The Agency is aware that KLM's "Carefree" travel brochure indicates that KLM has a dedicated toll-free telephone number for passengers with particular needs and that to obtain more information regarding seat selection, one should contact KLMCARES. The Agency notes that this brochure does not indicate a need to contact KLM's medical desk. The Agency is concerned with such inconsistencies and discrepancies.

[54] The Agency is of the opinion that the manner in which KLM responded to Mr. Pawley's seating request could be attributed to the inconsistencies found in KLM's policy. The Agency is concerned with KLM's policy as it does not provide definitive guidelines for the preassignment of seating which meets the needs of persons with disabilities. In this regard, the policy sets out that passengers with disabilities have seating priority and that reserved seats will be confirmed in the PNR, but that KLM cannot guarantee that the passenger will get the reserved seat. The Agency notes that the policy provides definitive guidelines for situations concerning trips of passengers with disabilities or groups who, "because of their status or influence, are subject to media attention", in that seats are allocated. However, while the policy also allows for OSI messages to be transmitted from the sales office to the special reservations, KLM, in its submission, indicated that OSI messages are not transmitted to its reservation department. This is of particular concern to the Agency. In this regard, the Agency notes that KLM pays particular attention to "passengers or groups, who, because of their status or influence, are subject to media attention". The Agency expects that all passengers with disabilities should be given appropriate consideration regardless of whether they are or not subject to media attention.

[55] The Agency finds that KLM's policy does not sufficiently address the seating needs of persons with disabilities. In particular, KLM's policy of not guaranteeing a reserved seat is problematic. The Agency is of the opinion that persons with disabilities should not be placed in a position of uncertainty as to whether they will be provided with particular seating, but should be secure in the knowledge that they will be assigned seating which meets their needs at the time their travel arrangements are made. In this regard, the Agency is of the opinion that had KLM's policy regarding preassignment of seating been clear, the situation that Mr. Pawley encountered could have been avoided.

[56] The Agency therefore finds that the seating assignments made by KLM for Mr. Pawley on his flights from Toronto to Amsterdam and return constituted an undue obstacle to his mobility.

CONCLUSION

[57] Based on the above-findings, the Agency has determined that the level of wheelchair assistance provided to Mr. Pawley by KLM did not constitute an obstacle to his mobility.

[58] The Agency has also determined that the seating assignments made by KLM for Mr. Pawley on his flights from Toronto to Amsterdam and return on April 11 and 18, 2005 did constitute an undue obstacle to his mobility.

[59] Accordingly, the Agency hereby directs KLM to take the following measures within thirty (30) days from the date of this Decision:

  1. KLM is required to amend and clarify its seating policy:
    1. to ensure that the needs of persons with disabilities are discussed both at the time of reservation and at check-in;
    2. to add in its seat reservation provision (i.e., section 9.2.11) that persons with disabilities get seating priority over other passengers.
  2. Examine its policy and take the necessary steps to ensure that the inconsistencies which presently exist between its various policies in its Passenger Handling manual and its brochures/advertisements, particularly with respect to the issues relating to seating for persons with disabilities, seating priority and seat selection, are rectified, and ensure that its personnel are made aware of these changes. KLM is to advise the Agency of the steps it has taken in this regard.
  3. Incorporate into any training program KLM may have; the procedures that should be followed to ensure that the particular seating needs of persons with disabilities are met; advise of the effective date of this amendment; and advise the Agency of the measures it has taken to ensure that the requisite level of training is provided to all its employees.
  4. Send a memorandum to its personnel emphasizing the importance of initiating discussions with passengers with disabilities to ensure that the seat assigned or suggested by the air carrier is compatible with the person's need.

[60] In addition, KLM is hereby required to provide a copy of its amended policy and memorandum to the Agency.

[61] Following a review by the Agency of the appropriateness of the measures taken by KLM to remove the undue obstacle, the Agency will determine whether further action is necessary in this matter.

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