Have you ever had to get up on an "all inclusive" holiday at silly o'clock in the morning, queue at the gates of the lounger terrace and then run to your lounger of choice when the gates open ? Or been outpaced to get from wherever you are on-property or on-board ship to a vacant lounger at any time of the day because of your physical mobility ? Or just wonder why you're not able to search and secure a vacant lounger from wherever you are on property or on-board using your device and enjoy exactly the same access to a lounger on your holiday or cruise as everyone else as is your legal entitlement to be able to do do ? So do we...

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Towels on loungers for extended periods of time ?​ Which are the vacant loungers anyway ? For how long have those unattended towels been there ? (Separate conversation regarding performance against the 17x Sustainable Development Goals committed to by UN member states in 2015 and how our regulated financial institutions are incentivising performance improvement against them.) 

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A make or break aspect of your holiday ? It doesn't have to be like this as the world opens up for travel again having had 2+ years of downtime funded by states with which to embrace and embed invention and come back to operations with a improved and inclusive guest experience with, by-definition, equal access for all across the lounger terraces in resorts, lido decks in cruise and across similar environments covered by equality legislation. And without guests having to ask in reaction for their legal entitlement to an equal experience either.

 

We're challenging the whole notion of "ticking a box" on a booking form for "special treatment" due to lack of inclusive design of the guest experience. 

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We think that having to compete with other guests on physical mobility may be discrimination in a place of public accommodation when it's possible to by-definition *neutralise* the inequality (not only in mobility but also in age, gender, race etc - great for equality) across the protected characteristics of guest populations by virtue of one of the same agile digital platform enabled by sensors for all. This inequality potentially renders an operator liable to damages in compensation under equality law descended from the Universal Declaration of Human Rights 1948 and Article 30 of the UN Convention on the Rights of Persons with Disabilities 2008, which require that everybody is entitled to an equal guest experience without having to ask for it, whatever the time of day. Our view is that our patented invention meets this need.

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Is booking a lounger based on time-only, agile and responsive enough for today's on-demand society ? We think not.

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Sensors were introduced into car seats for seat belt alarms 50+ years ago...we think that putting a sensor into a sunlounger and linking it to a clock for real time capacity management is way overdue and so do many people we've asked. We filed our patent application in 2017 and presented at 2x major trade shows thereafter. We've also been told that accessibility of the built environment is "not a priority".

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Really ?

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We disagree.

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(So do we in tort law for healthcare system overspends on skincancer treatment due to *existing* UV product warnings signalling Duty of Care acceptance not being located close enough to the risk to which those warnings relate for awareness and early intervention, with the *existing* knock-on impact on the consequential patient at their most vulnerable by opportunity cost in the context of a global pandemic. But that's for another conversation.)

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Are aggravating factors pushing up the valuation of your claim for damages in compensation for discrimination in accessibility each and every day that time passes ?

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Ask your solicitor about invention as new case evidence for equality law claims relevant for your jurisdiction and how aggravating factors help determine the valuation of damages in compensation for a breach of your human rights in accessibility.

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How can you get from wherever you are on-premise or on-board to a vacant lounger in the same time as everyone else, if not via the agile digital environment ?

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Who will be first to market with adoption ? Will you help them ?

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(Without prejudice)

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Selected links:

• Partial problem statement (but where is the mention of the ability to claim damages in compensation for discrimination ?): https://www.youtube.com/watch?v=O9WfNNKjXI0

• Citizens' Advice https://www.citizensadvice.org.uk/consumer/discrimination-in-the-provision-of-goods-and-services/discrimination-in-the-provision-of-goods-and-services1/goods-and-services-what-are-the-different-types-of-discrimination/discrimination-in-the-provision-of-goods-and-services-duty-to-make-reasonable-adjustments/#:~:text=The%20duty%20to%20make%20reasonable%20adjustments%20in%20goods%20and%20services,to%20all%20their%20disabled%20customers

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