Hyatt Coconut Plantation [is hard to access on a scooter]

[icydog]

I paid II $1536 for a week's rental here at the Hyatt Residence Club in Bonita Springs, FL.

I went to a sales presentation this morning and actually bought points because I thought I loved the Hyatt brand.

Fast forward one hour

I'm in a mobility scooter. I went to the clubhouse onsite for lunch with visiting friends and the couple that travels with me to my many timeshares. My friend opened the door for me and then left to meet his wife inside. I realized too late that I had to use the bathroom. I looked for the sliding door or the pedestal to electronically open the door and I couldn't find any. So I tried the doors to the side. Same thing. No egress. So started asking if anyone could help me. Nobody heard me so I started hollering. The bartender finally heard me and let me out. Can you imagine how humiliated I felt?

Then I realized that I could not get into any of the pools, the restaurants or the bathrooms.
There is NOT one handicapped enabled door here.

My traveling companions had gone to talk to their friends and here I am in an electric scooter and none of the doors in or out can be opened electronically... which means I'm trapped!

I told the front desk clerk what was going on and she had the presence of mind to call the GM. His name is Ray and this was his response. He said, "their clubhouse was compliant with ADA rules and that the door issue had never bothered other disabled guests" I said they must have been traveling with an aid because I couldn't enter or egress the building, the pool, or the restaurant.

He said he would talk to his engineering staff about it.

I thought about this state of affairs, I looked up compliant doors on the Justice Dept's website and from what I read the building and the facilities are not ADA compliant. I was so angry, upset and humiliated..

I called the GM and asked for my money back. I also asked for my resort fees to be returned to me. He said he'd try, but I don't think I'll get the II money back, but he did take off $25 a day in resort fees.

I called and asked the sales manager to rescind my contract. I was told to send in a rescission letter to the resort even though I only signed the contract a few hours earlier.

The end!

 

[auntjudy]

that is disgusting. Hyatt company should know better. Can you sue them?? or at least
file a complaint with the ADA.

 

[tschwa2]

Automatic and Power-Assisted Doors and Gates [§404.3]

Doors are not required to be automated, but must comply when provided. The Standards apply industry Standards developed under protocols of the American National Standards Institute (ANSI) and published by the Builders Hardware Manufacturers Association (BHMA). The ANSI/BHMA Standards address operating characteristics, including opening speed, safety features, sensors and activation devices, and labeling, among others. Doors are classified by their type or level of automation.



Under Common Questions:


Is automation of doors required?

Automation of doors is not required by the Standards, but it is highly recommended for entrance doors where the opening force is significant. A maximum opening force is not specified for exterior hinged doors because of the closing force typically necessary for ensuring positive latch against wind loading, air pressure, and other conditions. This often results in opening forces well above the 5 lbf maximum. Difficulty opening exterior swing doors is a common complaint. Automation offers the best solution. Otherwise, closers should be set with the minimum force practicable.

 

[pedro47]

Rescind in writing to cancel your contract ASAP and explain in detail why and what happen.

 

[silentg]

I am not disabled, but physically challenged . I have a hard time opening doors. If I see a button to open a door I always use it. Especially when you are checking in, hands are full and door is heavy. Also this can be to the resort's benefit because if the doors are ADA approved it helps. Guests like me enjoy the little things!
Silentg

 

[theo]

Voluntarily deleted my intended post to avert any misinterpretation or offense, but I am sorry for the OP's troubles and unfortunate experience.

I do however strongly recommend that OP follow the "rescind in writing" input provided to her on site, despite still being physically on the premises.
Rescission conversation alone regarding a contract already executed is both legally meaningless and an opportunity for avoidable misunderstandings.

 

[icydog]

I appreciate that tschwa2 researched the door situation but not having ANY doors accessible by some means seems counterintuitive doesn't it?

Pedro47 I'm going to type the rescission letter today. I'll Copy it and mail it out certified mail to the Hyatt Windward Point in Key West today.

Silenttg, I commiserate completely. This is the only place at which I've stayed that didn't have some mechanism to open the doors.

Theo, thanks for the great legal advice. I thought they could just rip up the paperwork since it was only a couple of hours since I'd signed the documents. I would have believed the sales manager if he told me he'd done that. I now see I was wrong!

 

[rapmarks]

Icy dog, my sympathy, we live quite close by, you probably drove past my subdivision. I just flew north on Saturday


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[tschwa2]

I also sympathize and as someone who travels fairly frequently with a disabled family member with progressively deteriorating mobility, I have learned that ADA compliant doesn't mean one size fits all accessibility for everyone. I think you are lucky to have never run into a similar situation before. I always call to inquire about various requirements we have (some within and some outside of ADA requirements) so we will be prepared and/or can choose alternate accommodations.

 

[icydog]

Icy dog, my sympathy, we live quite close by, you probably drove past my subdivision. I just flew north on Saturday
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It's such a shame because it's a gorgeous resort. Now the GM has staff at every door. So he's trying. The front desk manager followed my scooter back to the elevators, rode with me up to my floor, and opened my door. That was very nice.

I also sympathize and as someone who travels fairly frequently with a disabled family member with progressively deteriorating mobility, I have learned that ADA compliant doesn't mean one size fits all accessibility for everyone. I think you are lucky to have never run into a similar situation before. I always call to inquire about various requirements we have (some within and some outside of ADA requirements) so we will be prepared and/or can choose alternate accommodations.

I'm very, very new to this. I was crying yesterday, as were my traveling companions (a married couple). They felt guilty that they left me alone while they chatted with old friends. Who knew that I could be trapped outside like that? Who would have thought that?

I'm terribly sorry you find yourself in similar situations pretty often. I'm sure it's humiliating for your family member. I wish you only good experiences in your future travels

 

[lizap]

We used to travel with my mom
who had difficulty walking and used a scooter at times. Hotels, TSs, and other businesses unfortunately do not always think about accessibility and even just making things easier for the handicapped. I agree the suggestion of calling ahead is a good idea.

 

[theo]

I'm going to type the rescission letter today. I'll Copy it and mail it out certified mail to the Hyatt Windward Point in Key West today.

Is that what your Hyatt-provided rescission materials clearly instruct? I'm otherwise puzzled why you would mail your rescission correspondence to Hyatt Windward Pointe in Key West if your contract execution was at Hyatt Coconut Plantation (in Bonita Springs) as your initial post in this thread indicates.

 

[dagger1]

I paid II $1536 for a week's rental here at the Hyatt Residence Club in Bonita Springs, FL.
I went to a sales presentation this morning and actually bought points ...
I'm in a mobility scooter.
Then I realized that I could not get into any of the pools, the restaurants or the bathrooms.
There is NOT one handicapped enabled door here.


The end!

All hotels are required by law to have "pool lifts" to aid the handicapped. We have yet to be at a hotel or resort that did not have at least one (although many times they don't work.) It's amazing that a Hyatt did not have one! I am always with my wife to help open doors, etc. And I have entered women's bathroom's on several occasions when my wife needs assistance (and have always been treated very nicely by the women in the BR.) I am really sorry this happened to you. I ALWAYS call a week or so in advance of check in to confirm our ADA Accessible reservation (although that didn't help at National Harbor last week...)

 

[icydog]

Is that what your Hyatt-provided rescission materials clearly instruct? I'm otherwise puzzled why you would mail your rescission correspondence to Hyatt Windward Pointe in Key West if your contract execution was at Hyatt Coconut Plantation (in Bonita Springs) as your initial post in this thread indicates.

I was surprised by that too but the rescission instructions state to send a letter of cancellation to Hyatt Windward (the actual location of the resort for which I signed the contact). I said In the letter that I wanted to rescind my contract, the contract number was listed in my letter, due to the lack of handicapped accessibility here at Bonita Springs where I'm staying. I said I will never, ever, stay in a Hyatt again because of this.
Should I have added something else beside that (of course I included my information) to make it legal?

 

[icydog]

All hotels are required by law to have "pool lifts" to aid the handicapped. We have yet to be at a hotel or resort that did not have at least one (although many times they don't work.) It's amazing that a Hyatt did not have one! I am always with my wife to help open doors, etc. And I have entered women's bathroom's on several occasions when my wife needs assistance (and have always been treated very nicely by the women in the BR.) I am really sorry this happened to you. I ALWAYS call a week or so in advance of check in to confirm our ADA Accessible reservation (although that didn't help at National Harbor last week...)

It's so weird because there are pool lifts and adequate space for wheelchairs through the bathroom doors. It's just every door, into, or out of, the resort can not be opened or accessed by someone in a mobility scooter. So even if I wanted to use the chair lift in the pool, which I didn't, I couldn't get to the pool at all. All the doors needed someone to open them for me. Since I was alone I was stuck outside (or inside as the case may be)

 

[rapmarks]

My brother in law has had MS for about forty years, and been in a scooter for maybe thirty. What is Almost worse is people deciding he is mentally disabled too, asking someone else what he wants to order in a restaurant, etc


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[icydog]

My brother in law has had MS for about forty years, and been in a scooter for maybe thirty. What is Almost worse is people deciding he is mentally disabled too, asking someone else what he wants to order in a restaurant, etc


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Yep, I know. When I'm on my scooter suddenly people assume I'm invisible, and or stupid, and talk over me.

But your situation is MUCH worse and my heart goes out to you and your brother in law.

 

[dagger1]

It's so weird because there are pool lifts and adequate space for wheelchairs through the bathroom doors. It's just every door, into, or out of, the resort can not be opened or accessed by someone in a mobility scooter. So even if I wanted to use the chair lift in the pool, which I didn't, I couldn't get to the pool at all. All the doors needed someone to open them for me. Since I was alone I was stuck outside (or inside as the case may be)

Yes, I see!! We never have that issue because I am always with my wife. Now that I think about it, about the opening of doors, not one of the resorts/hotels we have stayed at would have met that criteria. None had remote actuated doors, (front hotel entrance doors excepted), including the room door itself. How do you get in or out of your room? Believe me, I know the challenges you face!!

 

[DeniseM]

I can see how this is a big problem - how do you manage to get around by yourself in your home town?

 

[dagger1]

This situation is the main reason my wife has never wanted a scooter. In her wheelchair, if she is alone, she can get right up next to doors and manage, with effort, to open them. Scooters present their own set of problems, but they also provide a lot of benefits... It would be really nice if every door in every building was automatic, but no one will spend that kind of money. I'm glad the Hyatt started physically opening doors for you, that was very nice of them.

 

[theo]

...the rescission instructions state to send a letter of cancellation to Hyatt Windward (the actual location of the resort for which I signed the contact). I said In the letter that I wanted to rescind my contract, the contract number was listed in my letter, due to the lack of handicapped accessibility here at Bonita Springs where I'm staying. I said I will never, ever, stay in a Hyatt again because of this.
Should I have added something else beside that (of course I included my information) to make it legal?

All anyone needs to say in any (timely submitted) letter of rescission is "I rescind" (clearly identifying the contract that you are cancelling, of course).
You need not offer any reason or explanation whatsoever in order to cancel; rescission is a indisputable right provided by applicable state law.
You need only follow the rescission instructions to the letter, mail your rescission correspondence to the address indicated, postmarked within the applicable time period identified by the individual state's law (for Florida, that's within 10 days --- among the longest rescission periods in U.S. states, along with Tennessee).

I understand that you were / are at Hyatt Coconut Plantation in Bonita Springs and that is where you have encountered these unfortunate problems.
However, I am puzzled why you would buy (apparently sight unseen) into an entirely different property located several hours and two hundred miles away.
Had you perhaps been to Hyatt Windward Pointe in Key West previously and already knew that property? The two places are certainly not much alike

 

[taffy19]

Don't you have to date it too?

 

[dagger1]

Terrible situation!!

 

[pedro47]

Don't you have to date it too?

The date should be the same date he signed the contract.

 

[theo]

Don't you have to date it too?

Certainly no harm in doing so, but in the final analysis the only date that really matters in the eyes of the law is the postmark date of the rescission.

This makes good sense really, since anyone could type any date they choose on a rescission letter, accurate or not. Actual postmark date rules all.