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CONTRACT OF CARRIAGE
Transportation by Hyannis Air Service, Inc. d/b/a Cape Air/Nantucket Airlines (“Cape Air”) is
subject to the terms and conditions contained in this Contract of Carriage, in addition to any
terms and conditions printed on or in any ticket, ticket jacket, web site or ticket receipt. To the
extent there is a conflict between this Contract of Carriage and any terms and conditions printed
on or in any ticket, ticket jacket, web site or ticket receipt, this Contract governs. By purchasing a
ticket or accepting transportation, each Passenger agrees to be bound thereby. A copy of this
contract may be obtained from any Cape Air airport ticket counter or city ticket office, through
calling our Contact Center at 1-800-CAPEAIR (227-3247) or (508) 771-6944 (outside the US and
USVI), by accessing our web site at www.capeair.com or by contacting Cape Air at 660
Barnstable Road, Hyannis, MA 02601 (Attn: Customer Care).
Table of Contents
1. Definitions
2. Applicability & General Terms
3. Customer Care
4. Baggage and Claims
a. General
b. Baggage Allowance
1. Standard Bag Allowance
2. Assistive and Related Devices
3. Child and Infant Baggage Allowance
4. Excess Baggage
5. Overweight/Oversize Bags
6. Special Items Carried in Lieu of Standard Bag Allowance Checked Bag
7. Boxes and Commercial Containers
8. Embargoes
9. Musical Instruments
10. Allowance Summary Chart
c. Baggage Fees, Exemptions, and Allowance Applicability
1. US DOT Rules for Applicable Carrier Fees
2. Codeshare Itineraries
3. Connecting Travel on Separate Tickets
4. Baggage Fee Summary Chart
5. Exemptions from Baggage Fees for Partner Frequent Flyer Members
6. Exemptions from Baggage Fees on 9K Marketed Flights
d. Conditions of Checked Baggage and Baggage Procedures
1. Must Present Valid Ticket for Transportation
2. Must Observe Check-In Times
3. Through-Checked Bag Exclusions
4. Identification and Items of High Personal Value
5. Carriage on Cape Air Flights and Connections
6. Claiming Baggage
e. Limits of Liability for Baggage Including Fragile or Perishable Goods
1. General
2. Checked and Unchecked Baggage
3. Fragile, valuable, perishable and other items not suitable for transport
4. Limited Release Tags
5. Normal Wear and Tear
6. Unclaimed Bags
7. Other Carriers or Services
f. Claims Restrictions, Including Time Requirements for Reporting or Filing Claims
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1. General
2. Domestic Carriage Limitations and Claims Restrictions
3. International Carriage Limitations and Claims Restrictions
g. Delayed Bag Delivery and Interim Expenses
1. General
2. Delivery of Delayed Bag
3. Interim Expenses
h. Restricted Articles
1. General
2. Hazardous Materials – Generally
3. Personal Electronic Devices (“PEDs”)
4. Electronic Cigarettes (E-cigarettes)
5. Batteries (Lithium/Non-Lithium) – When Installed in Devices to be Transported
6. Spare Batteries (Lithium/Non-Lithium)
7. Smart Bags
8. Dry Ice
9. Wet Ice
10. Liquor
11. Firearms and Ammunition
12. Smoking
13. Summary Chart
i. Wheelchairs and Other Assistance-Related Devices
1. Wheelchairs and Other Mobility Assistive Devices
2. Strollers and Wagons
3. Infant- or Child-Safety Seats or “CRS”
4. Wearable Defibrillator Life Vests
j. Pets
1. General
2. Accepted In-Cabin Pets
3. Advance Reservations and Conditions of Carriage
4. Must be Accompanied by Passenger
5. Limitations with Connecting Flights
6. Approved Kennels and Carriage Generally
7. Embargoes and Limitations
8. Health and General Condition
9. Compliance with Applicable Laws
10. Service Animals
k. Restrictions Due to Federal Law: Marijuana
5. Acceptance of Customers
a. Refusal to Transport
b. Disabled Individuals and Passengers Requiring Assistance
1. General
2. Guidance to Customers
3. Qualified Individual with a Disability and Safety Assistants
4. Advance Reservations and Check-In
c. Oxygen
1. Use On Board Not Permitted
2. Transport on Board Requirements and Exclusions
3. Additional Baggage Allowance
4. Connecting Customers
d. Medical Transport
e. Service Animals
1. General
2. Advance Reservations
3. Permitted Animals and Requirements
4. Carriage and Size Limitations
5. Compliance with Laws
6. Identification of the Animal as a Service Animal
7. Responsibility of the Passenger/Handler
8. Refusal to Transport
f. Customer Resolution and Air Carrier Access Act
1. Air Carrier Access Act
g. Unaccompanied Minors (“UM”)
1. General
2. Age and Requirements
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3. Restrictions
4. Service Charge and Fares
5. Positive Identification for Custody
6. Refusal to Transport
7. Flight Cancellations and Diversions
8. Cape Air Assumes No Additional Responsibility
h. Young Travelers
1. General
2. Connecting Itineraries
3. When Accompanying Minors
i. Infants
j. Traveling while Pregnant
k. Customers of Size Requiring Additional Space on Board the Aircraft
l. Traveling with Prisoners
6. Cancellation of Reservations
a. Liability Limitations
b. Airport Check-in, Show Times, and Re-Check Requirements
1. General
2. Re-Check Requirement when Connecting to Cape Air
3. Boarding Times
4. Failure to Check-In, Re-Check, or be ready to Board as Recommended
5. Guideline Chart
c. Failure to Use Each Flight Segment
d. No Show Customers
e. Ticket Time Limits
f. Refusal to Transport
g. Record of Cancellation
h. Weather, Force Majeure, Governmental Regulations
i. Failure to Comply
j. Fictitious Bookings
k. Prohibited Practices
1. “Hidden Cities Ticketing” or “Points Beyond Ticketing”
2. “Throwaway Ticketing”
3. “Back to Back Ticketing”
l. Overbooking
7. Fares
a. General
b. Lowest Available Fare
c. Instant Purchase with Refund within 24 Hours of Purchase
d. Change Fees
e. Cancellation Policy and Fees
1. General
2. Cancellation Penalty and Fees
f. Consumer Disclosures
g. Waiver of Restrictions or Rules
h. Surcharges
i. Partner Airline Fares
8. Tickets and Seat Assignments
a. General
b. Unused Tickets
c. Advanced Seat Requests and Emergency Exit Rows
d. Nontransferable
e. Ticketing Fees
9. Travel Documents
10. Refunds and Lost Tickets
a. General
b. Lost Tickets
c. Requesting a Refund on Tickets Issued by Cape Air
d. Tickets Not Issued by Cape Air
e. Non-Refundable and Refundable Tickets
1. Non-Refundable Tickets
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2. Refundable Tickets
f. Voluntary Refunds
1. Unused Tickets
2. Partially-used Tickets
g. Involuntary Refunds
1. Unused Tickets
2. Partially-used Tickets
3. Limitations and Requirements
11. Interline, Codeshare, and Connecting Itineraries
a. General
b. Applicable Terms for Codeshare Flights
c. Minimum Connecting Times
d. Building Your Own Connections
12. Services to Mitigate Inconveniences Resulting From Flight Delays, Schedule
Change, Re-Routings and Diversions
a. General
b. Applicability
c. Communication with Our Customers
d. Schedule Change
e. Schedule Irregularity
f. Force Majeure Events
g. Diversions
h. Liability Limitations
13. Denied Boarding
a. General
b. Volunteers and Boarding Priority
c. Involuntary Denied Boarding and Compensation
d. Transportation and Amenities for Passengers Denied Boarding
e. Limitations in Liability
14. Substitute or Other Transportation
a. Substitute Transportation
b. Ground Transfer Service
15. Screening of Customers and Baggage
16. Additional Limitations in Liability/Damages
a. Successive Carriers
b. Warsaw/Montreal Convention Application
c. Limitation of Liability
17. Consent to Use Personal Data
18. Remedies for Violation of Contract
19. Right of Cape Air to Change the Terms
1. Definitions
a.
ATPCO:
Airline Tariff Publishing Company, Inc. where fares and fare rules for all Cape
Air fares are published.
b.
Baggage
: Personal property of a Customer as is necessary or appropriate for the wear,
use or convenience of the Customer in connection with the trip. Baggage includes
Checked Baggage, Gate-Checked Baggage, Personal Items and any other personal
property accompanying the traveling Customer.
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c.
Cape Air
: Trade name of Hyannis Air Service, Inc. under which the company does
business. Also known by the Cape Air IATA designator “9K”.
d.
Checked Baggage (“Checked”)
: Any article or other Customer property (excluding
Gate Checked Baggage and Personal Items) that is taken into the custody of and
accepted by Cape Air for transport
e.
Codeshare
: An agreement between airlines where a partner air carrier places its two
letter designator code on flights operated by Cape Air (9K) to facilitate interline travel. In
this situation, the flight may be marketed under a trade name owned by the partner air
carrier but all such marketing will clearly disclose to the Customer that the flight is
operated by Cape Air. Cape Air’s codeshare relationships include Cape Air flights sold as
“American Airlines” under the “AA” code, Cape Air flights sold as “JetBlue” under the “B6”
code, and Cape Air flights sold as “United Airlines” under the “UA” code.
f.
CRS:
Child safety restraint system, such as an infant- or child-safety seat.
g.
Customer or Passenger
:
Any person holding a confirmed reservation for travel with
the consent of Cape Air.
h.
Domestic Carriage
: Any carriage other than that specifically defined as International
Carriage.
i.
Excess Baggage
: Any Checked bag, Gate-Checked bag or Personal Item that causes a
Passenger to exceed the Standard Bag Allowance (as defined in that Section) in number,
size and/or weight, but which is not overweight/oversized.
j.
Excess Bag Fees
: Fees which apply to Excess Baggage. Examples are fees for 2
nd
Checked bag or fees for a 1
st
Checked bag that is between 51 and 70 lbs.
k.
FAA:
Federal Aviation Administration.
l.
Flight Coupon:
A portion of the ticket that indicates travel points between which the
coupon is valid for Passenger carriage.
m.
Force Majeure Event.
This term includes -
1. Any condition beyond Cape Air’s control (including but without limitation,
meteorological conditions, acts of God, airport traffic congestion and delays, riots,
embargoes, hostilities, or unsettled international conditions whether actual,
threatened or reported) or because of delay, demand, circumstances or requirements
due, directly or indirectly, to such condition.
2. Any labor dispute affecting Cape Air’s service
3. Any government regulation, demand or requirement
4. Any shortage of labor, fuel or facilities of Cape Air or others; or
5. Any other fact not reasonably foreseen, anticipated, or predicted by Cape Air.
n.
Gate Checked Baggage (“Gate-Checked”):
Baggage, small enough to be cleared
through airport security screening, which is brought to the departure gate by the
Customer and then taken into the custody of and accepted by Cape Air for transport.
o.
IATA: International Air Transport Association
p.
Interline:
Travel utilizing the services of one or more air carriers where the carriers
agree to accept each other’s tickets and/or baggage. A codeshare agreement is a
specific type of interline travel and is included in this definition. Cape Air has interline
agreements with Alaska Airlines (AS), American Airlines (AA), Condor Airlines (DE), Delta
Airlines (DL), Hahn Airlines (HR), Hawaiian Airlines (HA), JetBlue Airways (B6), Qatar
Airways (QR) and United Airlines (UA). Cape Air has codeshare agreements with
American Airlines (AA), JetBlue Airways (B6), and United Airlines (UA).
q.
International Carriage
: Any carriage in which, according to the Contract of Carriage,
the place of departure and the place of destination, whether or not there is a break in
the carriage, are
not
both situated within the United States; or, they
are
situated within
the United States, but there is an agreed stopover outside the United States.
r.
ICAO:
International Civil Aviation Organization
s.
Itinerary
: Route of a Customer’s journey
t.
LEO: Law Enforcement Officer
u.
Mass Relay:
A service designed for people with hearing loss and/or speech disabilities
that live or work in Massachusetts and use a text based device for phone conversations
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or want to communicate with someone who does. Telecommunications Relay is provided
by each State in compliance with the Americans with Disabilities Act (1990). Relay
provides people with easy and convenient access to telephone service through
professionally trained Relay Operators.
v.
Montreal Convention
: The Convention for the unification of certain rules for
International Carriage by air. Generally, an airline itinerary covered by the Montreal
Convention must be: International carriage on or after November 4, 2003 AND (1) a
roundtrip journey from a country that has ratified Montreal, OR (2) a one-way journey in
which both the country of origin and the country of destination have ratified Montreal.
w.
Nantucket Airlines:
Trade name of Hyannis Air Service, Inc. under which the company
does business, herein referred to as “Cape Air” for purposes of this contract of carriage.
x.
Non-Ambulatory Passenger:
Passengers who are unable to walk or move without the
support of another person, but who are otherwise capable of caring for themselves
without assistance throughout the flight are non-ambulatory. A Passenger who uses a
wheelchair for convenience is not considered non-ambulatory nor is a child or infant
merely because of that child’s age. If a Passenger can move himself/herself from his/her
seat to the nearest emergency exit and ascend and descend the aircraft stairs without
the aid of another person, the Passenger is not considered to be non-ambulatory,
regardless of the degree of impairment.
y.
No-Show:
When a Passenger fails to honor a segment of his or her travel and fails to
contact Cape Air in advance of departure time to inform Cape Air that he or she will not
be on the flight.
z.
On-line
: Air transportation wholly on the same air carrier
aa.
Personal Item
: Any small article or other Customer property which is presented for
transport and constitutes a part of the Customer’s baggage allowance. Depending upon
the aircraft and the size of the item, Personal Items may be permitted to be carried on
board the aircraft, carried to the aircraft by the Customer and stowed by a Cape Air
agent into the designated baggage compartments prior to boarding, or carried on the
Customer’s person. Examples include purses, briefcases, and electronic devices.
bb.
Pet:
The usual connotation of live domestic animal companion
cc.
Oversold Flight:
A flight where there are more Passengers holding valid confirmed
reservations than seats available (excluding seats reserved or held for crewmembers or
other on-duty Cape Air personnel performing company-required duties).
dd.
Qualified Individual with a Disability:
Any individual who has a physical or mental
impairment that, on a permanent or temporary basis, substantially limits one or more
major life activities, has a record of such an impairment, or is regarded as having such
an impairment, pursuant to 14 CFR 382.5.
ee.
Schedule Change:
A planned change in advance of the departure date that does not
arise from a unique event such as a Schedule Irregularity or Force Majeure Event.
ff.
Schedule Irregularity:
This term includes -
1. Delay in a scheduled departure or arrival of a Cape Air flight, including delays which
result in a misconnection:
2. Flight cancellation, omission of a scheduled stop, or any other delay or interruption in
the scheduled operation of a Cape Air flight which may or may not result in a
misconnection;
3. Substitution of aircraft type; or
4. Schedule changes that require re-routing of the Customer at departure time, because
prior notice of such schedule change had not been given to the Customer prior to the
Customer’s arrival at the airport for check-in on the original flight.
5. Schedule Irregularity does
not
include Force Majeure events as defined herein.
gg.
Service Animal:
A dog, regardless of breed or type, that is individually trained to do
work or perform tasks for the benefit of a qualified individual with a disability, including a
physical, sensory, psychiatric, intellectual, or other mental disability. The definition for
purposes of this Contract also includes a trained animal accompanied by its handler that
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assists law enforcement officers in the search of contraband, explosives or other items,
or which provides assistance with rescue efforts.
hh.
Service Animal Handler
: A passenger in air transportation who is a qualified individual
with a disability who receives assistance from a service animal(s) that does work or
performs tasks that are directly related to the individual’s disability, or a third party who
accompanies the individual with a disability traveling with a service animal such as a
parent of a minor child or a caretaker
ii.
Smart Bags (or Smart Luggage):
A Smart Bag is any Checked bag, Gate-Checked
bag, or Personal Item which contains one or more lithium batteries and may include one
or more of the following features:
1. Lithium ion battery and motor allowing it to be used as a personal transportation
device which does not meet the criteria of a mobility device.
2. Lithium ion battery power bank that allows charging of other electronic devices,
3. GPS tracking devices,
4. Bluetooth, RFID and Wi-Fi capability
5. Electronic baggage tags,
6. Electronic locks
7. Lithium ion battery, motor and tracking devices (GPS) allowing the bag to self-propel.
jj.
Special Drawing Right (“SDR”)
: A unit of currency, the value of which fluctuates and
is recalculated each banking day. These values are known to most commercial banks
and reported in some newspapers. This unit is sometimes used for International
standards.
kk.
Reroute
: To honor a ticket, or reissue a ticket for a different routing than originally
shown on the ticket
ll.
Routing
: The carrier(s) and/or the cities and/or class of service via which transportation
is provided between two points
mm.
Ticket
: The record of agreement, including paper and electronic ticket forms (“E-
ticket”) and ticketless itinerary forms, for the carrier(s) to provide transportation and
related services under certain terms and conditions to the Customer named on such
record and in accordance with applicable governing tariffs and regulations.
nn.
United States
: The area comprised of the 48 contiguous states, the District of
Columbia, Alaska, Hawaii, Puerto Rico, the U.S. Virgin Islands, American Samoa, Guam,
Midway, and Wake Islands.
oo.
Warsaw Convention
: The Convention for the unification of certain rules for
International Carriage by air. Warsaw applies for International Carriage not covered by
the Montreal Convention.
2. Applicability & General Terms
a.
General.
The following terms and conditions apply to all transportation provided by
Cape Air and apply whether or not a ticket for such transportation was sold by Cape Air
or its authorized agents. By purchasing a ticket or accepting transportation, the
Customer agrees to be bound thereby. There are no third party beneficiaries to this
contract. Transportation is subject to the contract of carriage and charges in effect on
the date on which the ticket is issued. Applicable rules may also be found within the
tariffs filed by Cape Air in accordance with certain government regulations.
b.
Airline Partners.
This contract of carriage applies for transportation only on Cape Air.
Under arrangements with Cape Air, independent carriers may provide Interline
transportation and/or Codeshare services. These independent carriers may have
different terms and conditions of carriage which will apply for travel on these carriers and
you may obtain the terms through contact with these independent carriers. See the
section entitled Interline, Codeshare and Other Airline Partners for more regarding the
application of these rules in partner situations.
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When Cape Air undertakes to issue a ticket or boarding pass, check baggage or make
other arrangements for transportation over the lines of any other carrier, Cape Air acts
only as agent for the other carrier and assumes no responsibility for the acts or
omissions of such other carrier.
c.
Cape Air, Nantucket Airlines and Other Trade Names
. Unless as otherwise
provided herein, regardless of the trade name or airline code used for such flights, this
contract applies for all commercial flights operated by Hyannis Air Service, Inc.
d.
Applicable Laws
. This Contract of Carriage is subject to applicable treaties, laws,
regulations, rules, and security directives imposed by government agencies. In the event
of a conflict, mandates of governmental authorities will prevail.
e.
International Carriage
. Services provided for international carriage are subject to the
provisions of the Warsaw or Montreal Conventions, including those relating to the
limitation of liability. Any provisions of these rules that are inconsistent with any
provision of the applicable Convention shall, to that extent only, be inapplicable to
international carriage.
f.
Limitations in Liability/Damages
Unless specifically stated otherwise herein or
required by law, Cape Air is not liable for any consequential, compensatory, indirect,
incidental or punitive damages arising out of or in connection with the performance of its
obligations under this contract of carriage.
g.
Modification of Terms
. No employee or agent of Cape Air has the authority to modify
or waive any provision of this Contract, unless authorized by the CEO, President, Senior
Vice President or Vice President of the company.
h.
Monetary Amounts
. When included, all monetary amounts, unless otherwise specified,
appear in U.S. dollars.
i.
Severability/Waiver.
The invalidity of any provision herein by law will not affect the
validity of any other provision which will remain in full force and effect. If Cape Air fails
to enforce any of the sections of this Contract of Carriage or fails to exercise any
election, such failure will not be considered to be a waiver of those provisions, rights or
elections or in any way affect the validity of the Contract of Carriage.
j.
Headings and Titles
. Headings and titles used in this document are for convenience
and not meant to be used to construe or alter contract terms.
3. Customer Care
The employee-owners of Cape Air strive to provide our Customers with a travel experience
that is a cut above the rest. We live by the mantra, MOCHA HAGoTDI, which means Make
Our Customers Happy And Have A Good Time Doing It.
Listening to and learning from our Customers is key to our ability to serve well. Whether you
have a complaint or a comment, we appreciate your time in giving us the opportunity to
understand your needs. We will acknowledge receipt of any complaint from you in writing
within 30 days of receiving that communication. Your complaint will be addressed as soon as
possible, but no later than 60 days after receipt.
Please feel free to contact our Customer Care office by email to careteam@capeair.com or
by mail to Cape Air Customer Care, 660 Barnstable Road, Hyannis, MA 02601.
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If a third-party submits a complaint on behalf of a customer, the third party must provide
evidence along with the complaint that it has the authority to act on the customer’s behalf.
Evidence of authorization shall include a signed letter from the customer or an executed
power of attorney authorizing the third party to act on behalf of the customer. Third-parties
must submit this evidence of authorization along with the complaint. Cape Air will not reply if
evidence of third-party authorization is not provided or if Cape Air determines in its sole
discretion that the evidence is incomplete or insufficient.
Complaints and comments about airline service other than safety or security issues may also
be registered with DOT's Aviation Consumer Protection Division (ACPD). You may call the
ACPD 24 hours a day at 202-366-2220 (TTY 202-366-0511) to record your complaint. Calls
are returned Monday through Friday, generally between 7:30 am and 5:00 pm Eastern time.
You may send the DOT a letter at Aviation Consumer Protection Division, C-75, U.S.
Department of Transportation, 1200 New Jersey Ave, S.E., Washington, D.C. 20590
For deaf or hard of hearing Customers, please be advised that you may contact our Contact
Center through Mass Relay (711 within Massachusetts or 1-800-439-2370 TTY/ASCII) or
through your own state's relay system.
4. Baggage and Claims
a.
General.
Baggage will be accepted for transportation from ticketed Customers only.
Cape Air will not accept baggage whose size, weight or character makes it unsuitable for
transportation on the aircraft, or when the property cannot be accommodated without
harming or annoying Passengers, as determined by Cape Air. All baggage is subject to
inspection. Government safety and security regulations apply to Cape Air’s carriage of
baggage.
b.
Baggage Allowance
.
1. Standard Bag Allowance. For each ticketed Customer, Cape Air will transport the
following. For fees that may apply, please see Baggage Fees, Exemptions and
Allowance Applicability:
a.) “1 + 1 + 1” General Rule. 1 Checked bag not to exceed 50 lbs. or 62 linear inches
(length + width + height = 62”)
plus
1 Gate-Checked bag sufficiently small and
lightweight to be cleared through airport security screening not to exceed 45
linear inches (length + width + height = 45”)
plus
1 Personal Item (e.g. small
purse, briefcase, electronic device) not to exceed 36 linear inches (length +
width + height = 36”).
• Most Cape Air aircraft do not contain storage space under the seat or
overhead in which to safely stow in-cabin items. Accordingly, most Personal
Items must be carried to the aircraft by the Customer and stowed by a Cape
Air agent into the designated baggage compartments prior to boarding.
• For travel in the Tecnam Traveller, Personal Items which do not exceed 12”
x 6” x 8” in size may be carried on board and stowed under the seat in front
of the Customer. Please note: not all seats in this aircraft allow for under-
seat stowage. Personal Items in excess of these dimensions but meeting the
36 linear inch requirement in the General Rule may not be carried on board
the aircraft but shall be accepted by Cape Air and stowed by a Cape Air
agent into the designated baggage compartment prior to boarding.
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b.) Exception for Travel between Hyannis (HYA), Nantucket (ACK), Martha’s
Vineyard (MVY) and New Bedford (EWB). Up to 3 small bags (or items suitably
secure for transport) are accepted in lieu of the 1
st
Checked bag so long as all
items, when weighed together, do not exceed the maximum 1
st
Checked bag
weight permitted of 50 lbs. The 1
st
Checked bag fee applies, if any, as if these
multiple items were one Checked bag. Travel must be exclusively between these
cities for this rule to apply.
2. Assistive and Related Devices
,
In addition to the Standard Allowance, the following
will be transported, in accordance with policies herein and subject to aircraft-specific
physical constraints. free of charge:
a) A wheelchair meeting the requirements of the Company’s FAA-approved
operating procedures stated under section “Wheelchairs and Other Assistance-
Related Devices,
b) A cane, walking stick, crutches or other assistive devices.
c) An infant or child-safety seat. For use on-board please see “Wheelchairs and
Other Assistance-Related Devices” for requirements.
d) A collapsible stroller, folding wagon and/or diaper bag.
e) Compliant Portable Oxygen Concentrators or other related devices
Please note: Pack ‘n’ plays, collapsible cribs and other similar products are not
considered transportation devices and are not part of this additional allowance.
Customers who bring them to the airport will need to check them as part of their
checked baggage allowance, subject to all baggage requirements and restrictions
contained in this Contract of Carriage.
3. Child and Infant Baggage Allowance. A child’s baggage allowance is the same as
that for an adult Passenger. A child traveling as an “infant” as defined by the fares
and tariffs is not allocated baggage allowance in addition to that allocated to the
accompanying adult Passenger, unless the infant is traveling on a paid ticket (not on
a ticket covering solely international taxes) for a confirmed seat or, in accordance
with the rules herein, our partner airline polices apply and include an allowance
4. Excess Baggage. For each ticketed Customer, Cape Air will transport the following.
For fees that may apply, please see Baggage Fees, Exemptions and Allowance
Applicability:
a) General. Subject to available space and additional fees, up to two (2) additional
bags per Passenger (e.g. 2
nd
and 3
rd
Checked bag).
Any Checked bag, Gate-Checked bag or Personal Item that causes a
Passenger to exceed the Standard Bag Allowance in number, size
and/or weight, but which is not overweight/oversized, is “Excess
Baggage”. All Excess Baggage is carried on a space available basis and
is subject to Excess Bag Fees.
b) Fees are Cumulative. Any bag that is Excess because it exceeds the number of
bags permitted as Standard Bag Allowance and/or the weight or size will be
subject to cumulative Excess Bag Fees. Additional or different charges may
apply when levied by a partner airline through interline, codeshare or other
airline partner agreements.
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5. Overweight/Oversized Bags. Baggage compartment constraints of the aircraft may
restrict the weight or the size of the individual bags that may be accepted for travel.
Baggage that is not accepted for travel pursuant to this section is as follows
a) General. Individual bags that exceed 70 lbs. in weight or that exceed 62 linear
inches (length + width + height = 62”) in size.
For general guidance for planning purposes, although there are exceptions for
unusually shaped items (see below within this section) most large bags are 30” x
20” x 12” (62 linear inches) and are the maximum size we accept due to the size
of the baggage compartments and compartment openings of these aircraft.
b.) Unusually-Shaped Objects. Unusually shaped objects may exceed the capacity
of the aircraft baggage compartments. Bicycles, surfboards, canoes, kayaks and
other such large pieces of sporting equipment exceed the capacity of the
compartments and are not accepted for transport.
6. Special Items Carried in Lieu of Standard Bag Allowance Checked Bag. These items
can be accommodated as Checked baggage in our smaller aircraft despite their size
or unusual character or shape. For connecting itineraries, please consult the
connecting airline for policies pertaining to these items.
a.) Acceptance. One special item will be accepted per Customer in lieu of the one
(or, first) Checked bag permitted per the Standard Bag Allowance. If the
Customer is also checking a bag, this item will be carried as Excess
Baggage (i.e. space available). If there is more than one of these
special items, or if a special item exceeds the size and weight
limitations below, the item will be carried as Excess Baggage (i.e.
space available). No special item may exceed the Overweight/Oversize
limitations in this Section except as specifically provided below.
b.) Bag Fee. If the special item is being carried in lieu of the one (or, first) Checked
bag, the first Checked bag fee applies, if any. For all other special items, Excess
Bag Fees apply and are cumulative subject to Excess Baggage rules in this
Section.
c.) Special Items for Transport. Each of these items is further subject to other
requirements such as Cape Air’s Restricted Articles and TSA Regulations. Please
note: some limitations may include linear inch constraints (length + width +
height) while others, maximum length constraints, all which vary based on the
size of the bin and access door of each aircraft type.
• Archery equipment in hard-sided case (one bow case containing bows, one
quiver with arrows and one maintenance kit of sufficient strength to protect
items)
• Cessna 402 / Britten Normal Islands: Maximum length 70 inches
• Tecnam Traveller: Maximum length 42 inches
• Antlers or animal horns, free of residue to the degree possible, with skull
wrapped and tips protected
• Cessna 402 / Britten Norman Islander: Maximum 15” x 30” x 45”
• Tecnam Traveller: Maximum 15” x 30” x 42”
• Coolers (small) containing dry ice – Maximum 50 lbs. and 42 linear inches
• Duty-free bags – Maximum 50 lbs. and 42 linear inches
• Fishing equipment (rods, reels, landing net, tackle box) encased in a
suitable container all considered as “one special item”
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• Cessna 402 / Britten Normal Islander: Maximum length 70 inches
• Tecnam Traveller: Maximum length 42 inches
• Golf bags properly encased in a closed, covered soft or hard-sided
container, Maximum 62 linear inches.
• Hockey/Lacrosse Sticks/Curling Brooms (“Sticks”) – Up to two Sticks
taped together plus one sports bag will be considered “one special item” for
purposes of this Section. Maximum 50 lbs.
• Cessna 402 / Britten Normal Islander: Maximum length 70 inches
• Tecnam Traveller: Maximum length 42 inches
• Scuba equipment consisting of empty scuba tank (with valve stem removed
as required by TSA) and dive gear. For non-TSA screened flights, scuba tank
must be decompressed to below 29 PSIG. Note: For rebreather equipment,
soda lime must be 4% Sodium Hydroxide or less.
• Skis (snow/water) and Snowboards –Up to two pairs of snow skis in one
bag plus one ski boot bag will be considered “one special item” for purposes
of this Section.
• Cessna 402 / Britten Normal Islander: Maximum length 70 inches
• Tecnam Traveller: Maximum length 42 inches
• Tool Kits – Maximum 50 lbs. and 42 linear inches
d.) Cape Air is not liable for damage to special items that are not properly protected
and appropriately packed for transport.
7. Boxes and Large Containers. Boxes and large containers which hold personal effects
are carried as “Excess Baggage.” All boxes and containers are further subject to
other requirements such as Cape Air’s Restricted Articles and TSA Regulations
Boxes and large containers are carried space available and must not exceed 50 lbs.
or 42 linear inches (length + width + height = 42”). Maximum 2 per Customer.
Excess Bag Fees apply.
8. Embargoes. Additional seasonal or route-specific baggage restrictions, or
“embargoes,” may also apply depending upon the aircraft size and/or the codeshare
partner policy in place at any point in time.
9. Musical Instruments. Cape Air accepts on board musical instruments of any size,
character or shape so long as the size and weight limitations of the aircraft and
aircraft compartment are not exceeded. Musical instruments are carried under the
same terms and conditions (including fees, if any) as any other baggage.
10. Allowance Summary Chart. The below chart is intended to capture some of the basic
information in this section of the Contract of Carriage in a summary form. This
information is intended to be a helpful tool only as it’s impossible to reflect all
aspects of our baggage policies within this table. Please refer to the language within
this Contract of Carriage for the actual policies which apply. Keep in mind that,
pursuant to the below section entitled “Baggage Fees, Exemptions and Allowance
Applicability,” there are times when our airline partner allowances and fees apply,
subject to exemptions filed by Cape Air based on aircraft size and/or weight
limitations. The below represents Cape Air’s policies and is a useful guide as to what
will actual fit within the aircraft. (LI = Linear Inch, length + width + height)
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c.
Baggage Fees, Exemptions, and Allowance Applicability
1. US DOT Rules for Applicable Carrier Fees. Whether your travel is exclusively on Cape
Air or connecting with a partner airline where the itineraries are booked together on
the same ticket (aka an “interline itinerary”), the DOT rules state that the fees of the
1
st
carrier appearing on the ticket of the Customer’s itinerary shall apply to the entire
itinerary. This rule also applies for most fee exemptions, as when a customer is
eligible for reduced fees for booking a first or business class ticket and the first or
business class flight is the 1
st
flight in the itinerary. See the Baggage Fee Chart
below. Charges apply each way and are cumulative. Regardless of which airline
fees apply, Cape Air’s Allowance policies apply, and all bags must meet the
size, number and weight restrictions noted in this Contract of Carriage.
When bag fees apply, those in effect at the time of the ticket purchase will be levied
during your travel.
2. Codeshare Itineraries. When the 1
st
flight of the itinerary is a Codeshare flight, the
fees of the marketing carrier apply, not the fees of the actual carrier operating the
flight. For Cape Air codeshare flights, this means that the fees of our major airline
partner will apply to the entire itinerary. This rule also applies for most fee
exemptions, as when a customer is eligible for reduced fees for booking a first or
business class ticket on a codeshare partner which includes a Cape Air codeshare
flight somewhere in the itinerary. For codeshare itineraries, the Allowance policies of
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the marketing carrier also apply, however these allowances are subject to limitations
noted in this Contract of Carriage. These limitations are often due to the size of the
aircraft or to differences in regulations or operating certificates.
3. Connecting Travel on Separate Tickets. For connecting travel not booked on the
same ticket, separate fees and allowances for each carrier apply to each portion of
the itinerary flown on that carrier. In cases where Cape Air offers to check a bag
through to a destination not shown on the same ticket as a courtesy, you must pay
the connecting airline’s baggage fees when you check-in at the Cape Air ticket
counter, and you must present the receipt for these fees to the other airline at the
time of check-in for your connecting flight as proof of payment. Customers who pre-
pay baggage fees for their connecting airline flights remain subject to paying the
connecting airline’s baggage fees if a bag is checked as a courtesy pursuant to this
provision.
4. Baggage Fee Summary Chart. For a definition of which of the below fees are
also considered “Excess Bag Fees”, as their applicability is described within
this Contract of Carriage, see the Definitions Section or the Section on
Excess Baggage. Assistive devices, such as mobility devices, strollers, portable
oxygen concentrators (POC), child safety seats and more are always free. Check for
more information on any requirements which may apply in this Contract of Carriage.
Abbreviations for destinations used below or elsewhere in this Contract of Carriage
may be decoded at http://www.iata.org/services/Pages/codes.aspx.
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5. Exemptions from Baggage Fees for Partner Frequent Flyer Members. Cape Air may,
at its sole discretion, change, consider and make exceptions to its Baggage Fee
policy for certain members of airline frequent flyer programs on flights where Cape
Air participates in such programs.
6. Exemptions from Baggage Fees on 9K Marketed Flights. The following are exempt
from ALL baggage fees levied by Cape Air. Additional or different charges may apply
when levied by a partner airline through interline, codeshare or other airline partner
agreements.
Active Reserve, Guard or retired military personnel holding a Veteran’s ID Card,
including registered dependents with Dependent ID Card
d.
Conditions of Checked Baggage
and Baggage Procedures
1. Must Present Valid Ticket for Transportation. Before Cape Air will accept baggage to
be checked, carried on board, or stowed in any baggage compartment, the Customer
must present a valid ticket for transportation on Cape Air or on Cape Air and one or
more other carriers with which Cape Air has an interline or codeshare agreement.
Cape Air has the right to refuse to transport baggage on any flight other than the
one carrying the Passenger.
2. Must Observe Check-In Times. Baggage must be checked in at the airport
sufficiently in advance of flight departure to allow for airline, airport and, when
applicable, TSA and other government processing. See guidelines in Section entitled
“Airport Show Times & Re-check Requirements”. If a Customer does not present his
or her baggage for check-in within sufficient time to allow for normal handling
procedures for that airport, Cape Air may accept the baggage, but in no event will be
responsible for any loss that arises from the delay in delivery of the baggage to the
destination airport.
3. Through-Checked Bag Exclusions. For Customers traveling on the following markets,
baggage cannot be checked-through to the Customer’s final destination on
connecting carriers with whom Cape Air has interline and/or codeshare agreements.
For connections involving these markets, the Customer must retrieve his or her
Checked bags on arrival at the Cape Air city and re-check them with the connecting
carrier. Connecting carrier fees may apply when re-checking the bags
a) Hyannis (HYA) to/from Nantucket (ACK)
b) Hyannis (HYA_ to/from Martha’s Vineyard (MVY)
c) Nantucket (ACK) to/from Martha’s Vineyard (MVY)
4. Identification and Items of High Personal Value. All Checked baggage must have, at
a minimum, name identification on the outside. It is recommended to include
contact information for both origin and destination (e.g. cell phone number) on the
outside and inside of the baggage. Cape Air also recommends that Customers
maintain on their person certain small but high value or high personal value items
such as travel documents, medicines, money/credit cards, keys, or jewelry. It is
important to remember not to lock Checked baggage, as required by Federal
regulations.
5. Carriage on Cape Air Flights and Connections. Checked and Gate-Checked baggage
will generally be carried on the same aircraft as the Customer unless such carriage is
deemed impractical by Cape Air. This impracticability includes baggage which
exceeds total compartment or weight parameters for the aircraft when taking into
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account all Passengers on board. In this event, Cape Air will determine in its sole
discretion which baggage will be carried on board with the Customer and
arrangements will be made to transport the surplus baggage on the next flight or
section on which space is available.
Cabin baggage space is relatively limited on regional aircraft, like those operated by
Cape Air. Customers connecting onto a Cape Air flight with large “carry-on” bags
typical for those permitted on board larger aircraft are encouraged to check these
bags, when possible, at the ticket counter of the carrier of the originating location.
Customers who arrive at a Cape Air gate with bags that exceed the parameters for
Personal Items must check these bags at the gate prior to boarding the flight.
Furthermore, operations, security directives or other safety considerations may limit
the allowable Personal Items on a specific flight. Cape Air reserves the right in its
sole discretion to determine the suitability and place of storage for any items to be
carried in the aircraft.
Cape Air may refuse to transport any baggage that the Customer refuses to submit
for inspection.
6. Claiming Baggage. Only the holders of the baggage claim check may claim Checked
and Gate-Checked baggage. Cape Air is not responsible for determining that the
holder of the claim check is entitled to the baggage. If baggage claim checks are
lost, proof of ownership may be required prior to release of the baggage.
Acceptance of baggage by the bearer of a claim check without filing a written
complaint will constitute evidence of delivery by Cape Air of the Customer’s baggage
with all original contents in good condition.
e.
Limits of Liability for Baggage Including Fragile or Perishable Goods
1. General. Except to the extent the Warsaw or Montreal Conventions or other
applicable laws may otherwise require, the following provisions apply.
2. Checked and Unchecked Baggage
a) For Domestic Carriage. Liability for loss, delay or damage to Checked baggage,
Gate-Checked baggage, or any Baggage or Personal Item which is taken into
custody by Cape Air, is limited to the fair market value at the time of the loss,
damage or delay and will not exceed (except for wheelchair and other assistive
devices) (1) for on-line travel solely on Cape Air with no connecting service, $500
per Passenger; (2) for interline travel where the Cape Air flight segment is
included on the same ticket as a connecting flight segment of another airline
with an aircraft of more than 60 seats, $3500 per Passenger as per federal rules;
and (3) for interline travel where the Cape Air flight segment is included on the
same ticket as a connecting flight segment of another airline with an aircraft of
60 seats or less, $500 per Passenger. Cape Air assumes no responsibility or
liability for loss or damage to unchecked Personal Items unless the loss or
damage occurred while in the sole custody of Cape Air or was caused by the sole
negligence or willful misconduct of Cape Air.
b.) For International Carriage (including domestic portions of international journeys)
covered by the Montreal Convention. Liability for loss, delay or damage to all
Baggage, Checked and unchecked, is limited to 1,131 Special Drawing Rights per
Passenger (see www.imf.org for current value).
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c.) For International Carriage (including domestic portions of international journeys)
covered by the Warsaw Convention. Liability for loss, delay or damage to
baggage is limited to approximately $9.07 per pound ($20.00 per kilo) up to
$640 per bag for Checked baggage (including Gate-Checked baggage) and $400
per Passenger for unchecked baggage in the custody/control of the carrier.
3. Fragile, valuable, perishable and other items not suitable for transport. Cape Air
recommends that you do not pack fragile, high-value or perishable items in your
Checked or Gate-Checked baggage. If you choose to pack fragile, high-value or
perishable items in or as Checked or Gate-Checked baggage in connection with travel
within the United States, Cape Air is not liable for the loss of, damage to, or delay in
delivery of such items. For most international travel, Cape Air’s liability for
destruction, loss, delay or damage to Checked and unchecked baggage is limited.
Cape Air is not liable for damage to a Customer’s Personal Item or in cabin baggage
that contains fragile, valuable, or perishable items, unless damage occurred while in
the sole custody of Cape Air. Customers are responsible for all damage caused by
their property, whether such damage is to their own property or to some else’s
property.
Fragile, valuable, and perishable items include, but are not limited to, antiques;
antlers; artifacts; books; cellular phones; collectibles; computer equipment;
documents; electronic equipment; fragile articles; gift cards; glassware; heirlooms;
irreplaceable items; jewelry; keys; money; silverware; negotiable papers; optical
equipment and eye/vision devices; perishable items; photographic equipment or
items; pottery; prescription medication; samples; securities; sound reproduction
equipment; timepieces; tents and sleeping bags made of cloth, plastic, vinyl or other
easily torn material and/or those having aluminum frames; tools; works of art; or,
other similar valuable items and commercial effects included in Checked and Gate-
Checked baggage with or without the knowledge of Cape Air. If any such items are
lost, damaged, pilfered, or delayed, except for certain international travel subject to
the terms of the Montreal or Warsaw Conventions, you will not be entitled to any
reimbursement under Cape Air’s standard baggage liability.
4. Limited Release Tags. Cape Air has the right to refuse to accept baggage that does
not meet the standards in this Contract of Carriage. In cases where Cape Air accepts
baggage for transport under the condition that the Customer agrees to have affixed
to the baggage a limited release tag, the Customer is hereby on notice that Cape Air
is not liable for any damage, loss or delay to such baggage.
5. Normal Wear and Tear. Cape Air is not liable for minor damage such as scratches,
scuffs, stains, dents, cuts and dirt resulting from normal wear and tear. For
clarification purposes, damage beyond normal wear and tear to specific parts of
baggage, such as wheels, straps, zippers, handles, and protruding parts, is not
excluded from liability.
6. Unclaimed Bags. Cape Air is not liable for baggage not claimed by the Customer
immediately upon arrival.
7. Other Carriers or Services. Cape Air’s liability is limited to occurrences on its own
flights only, except in the case of Checked baggage in which case the Customer has
the right of action against either the first or last carrier in the flown itinerary. A
carrier issuing a ticket or checking baggage over the lines of others does so only as
agent and is not liable for actions on the part of the operating carrier.
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f.
Claims Restrictions, Including Time Requirements for Reporting or Filing Claims.
1. General. Cape Air assumes responsibility only for those claims arising from
transportation of baggage over its own routes. All claims are subject to proof of
actual loss by the Customer. Actual value for reimbursement of lost or damaged
property shall be determined by the documented original purchase price. This may
be demonstrated through presentation of original purchase receipts or evidence of
actual value. All bag fees paid for lost bags that are not subsequently found will be
refunded.
All claims will be accepted for review by the appropriately trained personnel
regardless of whether any employee of Cape Air believes that the claim will or will
not result in reimbursement. Every Customer has the right to submit a claim.
No action shall be maintained for any loss, damage, delay or pilferage of Checked or
Gate-Checked baggage, or any Personal Item, unless appropriate notice is given in
accordance with this section. If notice is not given in accordance with this section or
legal action is not commenced within one year from the date of the incident, any
such claims will be considered waived.
2. Domestic Carriage Limitations and Claims Restrictions. Lost, delayed or damaged
baggage must be reported to a Cape Air Customer service agent, or an authorized
agent of an interline or codeshare carrier at the final destination in the case of an
interline itinerary where the final destination is the interline carrier’s destination,
within four (4) hours of the arrival of the flight on which the loss, damage or delay is
alleged to have occurred. The failure to give such preliminary notice, absent
extraordinary circumstances, will result in waiver of the claim. Any claim for loss,
damage or delay must be submitted in writing within thirty (30) days of the relevant
flight. Failure to file a written claim within the time period specified, absent
extraordinary circumstances, will result in waiver of the claim.
3. International Carriage Limitations and Claims Restrictions. Damaged baggage must
be reported to a Cape Air Customer service agent, or an authorized agent of an
interline or codeshare carrier at the final destination in the case of an interline
itinerary where the final destination is the interline carrier’s destination, immediately
upon its discovery and any claim for damage must be submitted in writing no later
than seven (7) days from the date of receipt of the baggage. Any claim for delay or
loss must be submitted in writing no later than twenty-one (21) days from the date
on which the baggage has or should have been placed at the Customer’s disposal.
Failure to observe these notice requirements within the time periods specified,
absent extraordinary circumstances, will result in waiver of the claim. No right to
any claim against Cape Air related to baggage will lie unless an action is brought
within two (2) years from the date of arrival at the destination, or from the date on
which the aircraft was scheduled to have arrived, or the from date on which the
carriage stopped.
g.
Delayed Bag Delivery and Interim Expenses.
1. General. Cape Air strives to deliver Checked and Gate-Checked baggage to our
Customers in the baggage claim area in a timely and efficient manner; that is, so
that it arrives before or at the same time as the Customer. When on occasion a bag
is delayed or misplaced, we will make every reasonable effort to locate and return
the bag within 24 hours or less using a comprehensive system and process to track
missing baggage and to communicate with affected Customers.
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2. Delivery of Delayed Bag.
General. In the event that Checked or Gate-Checked baggage (excluding Checked
baggage that is “Excess Baggage” pursuant to the terms herein) does not arrive
before or at the time the Customer arrives, Cape Air will deliver such Checked or
Gate-Checked baggage to Customers. (For clarification purposes, please note that
Excess Baggage which is accepted and carried subject to space availability on the
aircraft is not guaranteed a delivery time and, as a result, is not eligible for delayed
delivery by Cape Air.) Cape Air will strive to deliver baggage covered by this section
in a timely and efficient manner, but delivery times may vary with destination
because of third party vendor availability, traffic and other reasons. This delivery
may be by Cape Air or by an authorized agent contracted at Cape Air’s expense to
provide such bag delivery. In some cases, it may be more expeditious for Customers
to return to the airport to claim their baggage and, in this case, Customers may
certainly choose to pick-up their bags at their own transportation expense in lieu of
delivery.
3. Interim Expenses. Customers are entitled to reasonable interim expenses resulting
from delayed bags. (For clarification purposes, please note that baggage accepted
and carried subject to space availability on the aircraft is not guaranteed a delivery
time and, as a result, is never a delayed bag for purposes of this provision.)
Customers must present receipts for all reasonable expense reimbursements
incurred. Reasonable expenses generally are $75 per day for the first few days the
bag is delayed. These guidelines for reasonable expenses are NOT daily limits or a
cap and additional expenses may be incurred; in such a case, the additional
expenses will be handled on an individual basis up to the limits of liability stated
within this Contract of Carriage.
If the delayed bag becomes a claim for which monetary compensation is appropriate
in accordance with this Contract, interim expenses advanced for the initial delay will
be deducted from the claim’s settlement total. Interim expenses are not available as
an additional remedy for bags which are lost or damaged and for which such a claim
is reported and processed, without regard to whether the claim results in
compensation in accordance with this Contract.
h.
Restricted Articles
.
1. General. Many items used every day at home or work are regulated as Hazardous
Materials (aka “hazmat” or “dangerous goods.”) These products may seem
harmless; however, when transported by air they can be dangerous. Vibrations,
static electricity, and temperature and pressure variations can cause items to leak,
generate toxic fumes or even start a fire.
Federal law prohibits hazardous materials from being included in Checked baggage,
Gate-Checked baggage or in any Personal Item. There are a few exceptions for
some common personal care items when carried in limited quantities (such as
hairspray, perfume and nail polish), medicines, battery-powered electronics and
assistive devices. Please refer below for more information on specific restricted
items and any requirements and limitations that apply to the handful of exclusions
for select Personal Items. The list of restricted items in this section is not
comprehensive. If you have a question about a particular item that is not listed,
please contact our Reservations Office for further guidance. More restrictive
provisions may apply for Passengers traveling pursuant to interline, codeshare, or
other airline partner agreements arranged by Cape Air with partner airlines. For
policies for travel on a partner airline, please refer to that airlines’ web site.
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TSA regulations, customs authorities and other regulators also have rules on
prohibited items and may impose additional restrictions, limitations and/or fees
beyond those mentioned herein.
2. Hazardous Materials – Generally. Other than exceptions permitted pursuant to 49
CFR 175.10 (these exceptions further limited in some cases due to our aircraft size or
type, or because of limitations within our FAA-approved operations manuals), any
articles deemed a hazardous material pursuant to DOT Hazardous Materials
Regulations (49 CFR 171 – 180) and/or the IATA Dangerous Goods Regulations and
revisions and reissues thereof are not accepted for transport on Cape Air. The
carriage of hazardous materials aboard Cape Air aircraft in your baggage or on your
person is a violation of Federal Law with penalties of up to five (5) years
imprisonment and fines of up to $500,000. Hazardous materials include, but are not
limited to, explosives, compressed gases, flammable liquids and solids, oxidizers,
toxic and infectious substances, poisons, corrosives and radioactive materials.
Examples of these prohibited items include:
a.) Fireworks and flare guns
b.) Propane tanks
c.) Spray cans
d.) Defense sprays including pepper spray
e.) Fuel (of any type and in any form)
f.) Oil-based Paint
g.) Flammable glues including rubber cement and some “super” glues
h.) WD-40
i.) Lighter fluid
j.) Strike-anywhere matches
k.) Anything which has contained fuel at any time, regardless of being emptied and
cleaned. This includes but is not limited to Camping devices (such as lanterns,
stoves and heating equipment which use liquid fuel, propane, butane or similar),
Motorcycle or Car parts, Generators, and Gas-powered tools or toys. These
items are prohibited unless new, unused in original packaging, contain no
battery, and have never contained fuel of any type or in any form. (Exceptions:
one personal, disposable lighter/matchbook and one cordless butane-fueled
curling iron, so long as these items are not carried in any Checked or Gate-
Checked baggage, or stowed in any external baggage compartment of the
aircraft)
l.) Most self-inflating devices
m.) Oxygen bottles
n.) Insecticides
o.) Household cleaners such as bleach and drain, oven and bathroom cleaners
3. Personal Electronic Devices (“PEDs”).
a.) General. Most consumer portable electronic devices intended for personal use
are permitted in Checked bags, Gate-Checked bags or as Personal Items
including cell phones, electronic games, tablets, laptops and cameras. Batteries
for these devices typically do not exceed the limitations for carriage (see section
regarding Batteries below). Note there are important exceptions
including, but not limited to, Electronic Cigarettes and Hoverboards.
b.) Although PEDs are permitted in Customer’s baggage, use of these devices is
restricted, as governed by the FAA. All PEDs must be turned “OFF” from gate
to gate, while the aircraft is in transit. This includes, but is not limited to, cell
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phones, electronic games, tablets, laptops, cameras, and portable music devices.
Additionally, cell phones must be “OFF” while boarding and deplaning via the
airport ramp leading to or from the aircraft.
c.) Approved PEDs for Use Onboard At All Times, with No Restrictions
• Portable voice recorders
• Hearing aids, pacemakers, and other approved electronic medical devices
• One-way pagers (capable of receiving signals only)
• Electric shavers
• Electronic / digital watches
d.) Prohibited PEDs Not Approved for Use at ANY Time Onboard
• AM/FM transmitters and receivers (including televisions and radios)
• Bluetooth accessories (e.g. wireless mice, keyboards, headphones)
• Electronic, simulated smoking materials (e.g. cigarettes, pipes, cigars)
• Personal air purifiers
• Remote control devices or toys
• Two-way communication devices (unless otherwise permitted pursuant to
this section)
• Portable oxygen concentrators (POCs)
4. Electronic Cigarettes (E-cigarettes).
a.) Due to their potential to overheat or cause fire when activated, as determined by
the FAA and ICAO, electronic cigarettes, personal vaporizers or any battery-powered
portable electronic smoking device (“E-cigarettes”) are not permitted in any Checked
or Gate-Checked baggage, or in any external baggage compartment of the aircraft.
Please inform a Cape Air agent if you have e-cigarettes in any of your
Baggage.
b.) Use of e-cigarettes onboard the aircraft remains prohibited at all times.
c.) Recharging of the e-cigarettes and/or the batteries on board the aircraft
remains prohibited at all times.
d.) E-cigarettes carried onboard must not exceed a Watt-hour rating of 100 Wh.
5. Batteries (Lithium/Non-Lithium) – When Installed in Devices to be Transported.
When installed in devices intended for use, batteries are permitted so long as the
following requirements are met. EACH battery must meet the following:
a.) General. For lithium metal batteries, must not exceed a lithium content of 2 grams
• Exception for Portable Medical Electronic Devices: May exceed 2 grams but
not 8 grams.
b.) General. For lithium ion (rechargeable) batteries, must not exceed a Watt-hour
(Wh) rating of 100 Wh.
• Exception when used to power Mobility Aids for disabled Passengers. See
Wheelchairs and Other Assistive-Related Devices.
• Exception for Portable Electronic Devices: May exceed 100 Wh but not 160
Wh.
c.) Requirements for all Installed Batteries
• Battery terminals must be protected from short circuits (e.g. enclosed within
a battery housing)
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• Battery must be securely attached to the device; and
• Electrical circuits are isolated (e.g. physically broken or interrupted) to
prevent accidental activation
PROHIBITED AT ALL TIMES:
Because of the risk of igniting, the below Lithium Battery-Powered Devices are NEVER
accepted for transport on any Cape Air flight under any conditions:
• Damaged devices;
• Devices subject to a safety recall;
• Devices Identified by the manufacturer as having a safety defect; and
• Self-Balancing Recreational Mobility Devices (“hoverboards”).
6. Spare Batteries (Lithium/Non-Lithium).
Lithium and non-lithium dry batteries not installed in a device and carried as spares
for personal use are permitted so long as the following requirements are met.
Because batteries present a risk of both igniting and fueling fires in aircraft
cargo/baggage compartments, spare batteries are not permitted in any Checked or
Gate-Checked baggage, or in any external baggage compartment of the aircraft.
Please inform a Cape Air agent if you have any spare batteries (especially lithium
batteries) in any of your Baggage.
EACH battery must meet the following:
a.) General. For lithium metal batteries, must not exceed a lithium content of 2 grams.
• Exception for Portable Medical Electronic Devices: No more than (2), each
permitted to exceed 2 grams but not more than 8 grams.
b.) General. For lithium ion (rechargeable) batteries, must not exceed a Watt-hour
(Wh) rating of 100 Wh.
• Exception when used to power Mobility Aids for disabled Passengers. See
Wheelchairs and Other Assistive-Related Devices.
• Exception for batteries which are greater than 100 Wh. No more than (2)
and each battery may exceed 100 WH but not 160 Wh.
c.) Requirements for all Spare Batteries
▪ If uninstalled from a device for transport, battery must be removed by the
user in accordance with manufacturer’s instructions
▪ Terminals must be protected from short-circuiting (by placing in original
packaging or otherwise insulating the terminals e.g. by taping over exposed
terminals or placing each battery in a separate plastic bag or protective
pouch)
▪ Batteries must be presented to a Cape Air agent for appropriate in-cabin
stowage ensuring accessibility by crew.
PROHIBITED AT ALL TIMES:
Because of the risk of igniting, the below batteries are NEVER accepted for transport
on any Cape Air flight under any conditions:
• Damaged batteries;
• Batteries subject to a safety recall;
• Batteries Identified by the manufacturer as having a safety defect;
• Car, boat, aircraft, and motorcycle batteries;
• All wet cell batteries
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7. Smart Bags. Lithium batteries must be removed from any bag which constitutes a
“Smart Bag” and carried in accordance with Cape Air’s rules in this Contract of
Carriage for Spare lithium batteries. Smart Bags with non-removable lithium
batteries are not accepted for transport on any Cape Air flight.
8. Dry Ice. Dry ice in quantities of 5.5 pounds (2.5 kg) or less per Passenger will be
accepted. Quantities which exceed this amount will not be accepted. Customers
cannot pool their portions together, even within the same traveling party. The
container or package must be ventilated to permit the release of carbon dioxide gas,
be marked as containing dry ice, and display the net weight and the identity of the
perishable item being cooled. Styrofoam coolers containing dry ice must be
sufficiently durable and leak-resistant to be accepted for transport.
9. Wet Ice. Wet ice, including ice packaged in coolers, or other packaging of perishable
items in “wet ice”, is not permitted on board the aircraft regardless of the type of
container used to contain the ice. This does not preclude the use of “gel packs”
which do not melt to a pure liquid form.
10. Liquor. For alcoholic beverages up to 70 percent alcohol by volume there is a limit of
5 liters (1.3 gallons) per Customer that may be accepted as Checked baggage, or
that may be Gate Checked if purchased after completing security screening at the
checkpoint (Duty Free). Packaging must be in receptacles smaller than 5 liters.
Alcoholic beverages more than 70 percent alcohol by volume (140 proof) will not be
accepted. There is no additional fee for the carriage of alcohol on international
flights (including flights from the USVI to the US) when it is purchased as part of an
established and recognized “duty free shopping” program. Alcohol containing 24%
or less alcohol by volume (e.g. beer, wine) is not subject to hazardous materials
limitations. Customs and TSA regulations may impose different limitations and fees.
11. Firearms and Ammunition. Federal law provides that no person shall carry a deadly
or dangerous weapon, either concealed or unconcealed, aboard any Cape Air aircraft
except: (1) employees or officials of a municipality or State, or the United States,
who are authorized to carry firearms (e.g. FBI, Secret Service, LEO prisoner escort,
Federal Air Marshall) or (2) crewmembers and other persons authorized by Cape Air
to carry firearms. Appropriate documentation and identification will be required of
any Passenger traveling under this provision. More restrictive provisions may apply
for Passengers traveling pursuant to interline or codeshare agreements arranged by
Cape Air with partner airlines.
Firearms (including all BB guns (regardless of presence or absence of propellant),
flare pistols and the like) that are unloaded and encased in a hard-sided suitable
locked container may be carried as Checked baggage. All firearms to be checked in
this manner must be declared by the Customer (who must be 18 years or older) in
writing through the completion of a declaration tag.
Ammunition must be securely packaged in a container made of durable fiber, wood
or metal, or in the manufacturer’s original package, and placed inside Checked
baggage. This may be within the same container used to store the firearm.
Ammunition checked in this manner must not exceed eleven (11) pounds per
Passenger. The Passenger will be required to complete the applicable declaration
forms.
The Customer must make all arrangements and assume full responsibility and
expense for complying with applicable laws, customs and/or other governmental
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regulations, requirements, or restrictions of the country, state or territory to and
from which the firearm/ammunition is being transported.
12. Smoking. Smoking is prohibited on all Cape Air flights. The use of electronic,
simulated smoking materials (cigarettes, pipes, cigars) is also prohibited.
13. Summary Chart
The below chart is intended to be a helpful quick reference tool ONLY as it’s
impossible to reflect all aspects of our Restricted Articles policies articulated
in our Contract of Carriage within this summary table. The FAA’s PackSafe
website: (http://www.faa.gov/about/initiatives/hazmat_safety/) contains
detailed information on restrictions on what can and cannot be transported on
board any aircraft. Further restrictions imposed by Cape Air (e.g. Cape Air
cannot carry any quantity of personal defense spray or any equipment that
previously contained fuel even through the fuel has been drained) and our
partner airlines are found in this document and in our partner’s Contracts of
Carriage and web sites. Please also remember that TSA or other regulators
may have further limitations. It is your responsibility to ensure your baggage
conforms to all applicable restrictions.
Item containing Hazmat
Permitted √
Not-Permitted X
Common Household Items
Personal toiletries or medicines
such as perfumes, hairspray,
nail polish, shaving cream,
sunscreen and insect repellent
in limited quantities. Aerosol
nozzles must be protected by a
cap.
Latex-based paint
Bleach, drain cleaner, oil-based
paint, spray paint and other
spray cans, laundry starch,
cooking sprays, WD-40, shoe
cleaner, flammable glues
(rubber cement or some super-
glues), insecticides and all such
items carried in any quantity
for non-personal use.
Electronic Devices
Most small consumer devices for
personal use (“PED”) such as
cell phones, electronic games,
tablets, laptops and cameras
whose batteries typically do not
exceed ion battery limitations of
160 Watt-hours (WH).
Portable Medical Electronic
Devices with metal batteries not
to exceed 8 grams. 2 spare
batteries each not exceeding 8
grams.
E-cigarettes or spare fuel cell
cartridges (limit 2) in any
external compartment of the
aircraft.
Hoverboards or any lithium
battery powered, self-balancing
recreational mobility device
Smart Bags unless the lithium
battery is removed and carried
in accordance with Cape Air’s
policy on Spare Lithium
Batteries. Smart Bags with
non-removable batteries are
not accepted.
Batteries
When installed in portable
electronic devices. Each lithium
metal must not exceed 2 grams.
Each lithium ion must not
exceed 100 Watt-hours (Wh).
Spare batteries, lithium and
non-lithium dry, in-cabin, if
protected from damage and
short circuit. Each lithium metal
Damaged devices or batteries
Devices or batteries subject to
a safety recall
Devices or batteries identified
by the manufacturer as having
a safety defect
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Item containing Hazmat
Permitted √
Not-Permitted X
must not exceed 2 grams. Each
lithium ion must not exceed 100
Watt-hours (Wh). Except, for
lithium ion, batteries which are
greater than 100 Wh may be
carried ONLY if (1) there are no
more than two batteries AND
(2) each battery is not greater
than 160 Wh.
No more than 2 nonspillable gel-
cel batteries for portable
electronics, limited to 12 volts
and 100 Watt-hours (Wh).
Self-Balancing Recreational
Mobility Devices (Hoverboards)
Spare lithium batteries in any
external compartment of the
aircraft.
Car, boat, aircraft and
motorcycle batteries.
Wet batteries.
Loose batteries.
Batteries not carried for
personal use.
Devices with batteries installed
but with no protection from
accidental activation or short
circuit.
Matches, Lighters, and
Explosives
1 packet of regular matches or 1
disposable lighter, in-cabin only.
Strike anywhere matches
Lighter fluid
Torch lighter
Fireworks,
Flare guns
Fuel
Anything which has at one
time contained fuel of any
kind, regardless of being
emptied and cleaned.
If new, unused and in original
packaging, contains no battery
or fuel, as Checked baggage.
Any equipment which has
contained fuel at any time –
such equipment may include:
Propane tanks
Motorcycle/car parts,
generators or gas-powered
tools/toys
Camping equipment
Medical and Assistive Devices
Implanted pacemakers or similar
devices and injected or ingested
radiopharmaceuticals.
Nonflammable gas cartridges for
mechanical limbs, including
spares.
Wheelchair lithium ion batteries
exceeding 300 Watt-hours
(Wh).
Ice
Dry ice up to 5.5 lbs. in
ventilated package when
properly labeled.
Gel packs
Dry ice in air-tight or
improperly marked packages
Wet ice
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Item containing Hazmat
Permitted √
Not-Permitted X
Liquor
Up to 5 unopened liters no more
than 70 percent alcohol by
volume.
Any liquor with more than 70%
alcohol by volume or not
meeting quantity or packaging
restrictions.
Inflating Devices and Oxygen
Whipped cream or fix-a-flat so
long as they are nonflammable
and do not contain toxic gas if
carried in Checked baggage.
Portable oxygen concentrators
that meet FAA criteria.
Compressed oxygen or oxygen
canisters, most self-inflating
devices.
Small arms ammunition and
Self Defense Devices
11 lbs. per Customer up to .75
caliber for rifle and pistol
cartridges and any size shotgun
shells for personal use when
securely boxed and carried in
Checked baggage.
Loose ammunition, loaded
firearms, black powder, primers
or percussion caps.
Self-defense sprays (such as
pepper spray)
i.
Wheelchairs and Other Assistance-Related Devices
1. Wheelchairs and Other Mobility Assistive Devices
a.) General. One wheelchair or mobility assistive device per Passenger will be
accepted and transported at no additional charge. Early check-in is
recommended for all Passengers with assistive devices so that there is adequate
time to load the device on board and offer any special assistance that may be
needed.
b.) Aircraft-based Limitations.
Due to space limitations of the aircraft, only collapsible, non-motorized
wheelchairs (and other non-battery-powered mobility assistive devices) are
accepted. Wheelchairs and other mobility assistive devices are assigned the
highest boarding priority and every reasonable effort will be made to transport all
customer wheelchairs and other mobility assistive devices on the same flight as
the Customer. There may be times, however, when space, weight and safe
storage constraints may limit the number of devices which may physically and
safely fit onto a particular aircraft. When this happens, we will coordinate with
the Customer and offer the best solution available.
2. Strollers and Wagons. One collapsible stroller or folding wagon per Passenger will be
accepted as additional free baggage allowance as Checked baggage.
3. Infant- or Child-Safety Seats (also known as “CRS” or “CARES”).
a.) General. The FAA strongly urges the use of a CRS for every child on every
flight, as it is the safest place for a child when flying. One infant- or child-safety
seat (also known as a child safety restraint system “CRS” or Child Aviation Safety
Restraint System “CARES”) per Passenger will be accepted as additional free
baggage allowance, as Checked baggage, or for use in the aircraft cabin. CRS’s
accepted for use onboard must be government-approved for use in aircraft by
the FAA or other authorized government agency, have a harness which attaches
the child to the CRS, be fitted with a hard seat, and attach directly to the aircraft
seat. The accompanying Passenger is responsible for ensuring that the CRS
functions correctly, that the child does not exceed the CRS’s limitations, that the
child is properly secured in the CRS and that the CRS is secured to the aircraft
011121
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seat. Cape Air does not reserve space for a CRS unless a ticket has been
purchased for the child. If the CRS is not government-approved for use onboard
an aircraft, it may not be used, but be carried as Checked baggage. Additional
helpful guidance may be found at: https://www.faa.gov/travelers/fly_children/.
b.) Aircraft-based Limitations. CRS’s are approved for use in the aircraft cabin on all
aircraft except the Britten Norman Islander where the harness cannot be
properly secured due to the bench-style seating. Children will be accommodated
using the existing seat belt system with modifications to the shoulder harness,
depending on the size of the child. Infants may travel on the lap of an adult or
in a “Snugli”-style carrier which is harnessed to the adult accompanying
Passenger.
c.) Customer with Special Needs. Most young children who use a CRS weigh 44 lbs.
or less. However, there are some children with physical challenges who weigh
more than 44 lbs. and need the support and security of a CRS so they can travel
safely on an aircraft. Use of a government-approved CRS which is properly
labeled, appropriate for the child’s weight, and properly secured to the aircraft is
permitted.
Adults (18 years or older) who have physical challenges that require the support
and security of a CRS may request an exemption to the FAA’s regulations that
require each Passenger to be properly secured by a safety belt. See faa.gov for
more information on this exemption as well as further advice on the safe use of
CRS’s onboard.
4. Wearable Defibrillator Life Vests. Unless otherwise prohibited herein, Passengers are
permitted to wear Wearable Defibrillator Life Vests on board all Cape Air aircraft.
f.
Pets
1. General. Pets are accepted for transport subject to a service charge of $30 (unless
otherwise specified in this Contract of Carriage or in the applicable tariff) and other
conditions as noted herein. Cape Air reserves the right to refuse carriage of pets at
any time. For clarification purposes, acceptance of “Service Animals” is
governed by the policy on “Service Animals” and not this policy on “Pets”.
2. Accepted In-Cabin Pets. Unless otherwise noted herein, Cape Air accepts
domesticated cats, dogs, rabbits and household birds for transport in-cabin when
accompanied by the Customer.
3. Advance Reservations and Conditions of Carriage. Advance reservations are
recommended. See “Advance Reservations” section under Service Animals for more
information on reservations and boarding priority of live animals (Service Animals or
pets).
4. Must be Accompanied by Passenger. All pets must be accompanied by a traveling
Passenger who is the owner or a designee who assumes full responsibility for the
animal. Cape Air will not transport pets as unaccompanied freight.
5. Limitations with Connecting Flights. Customers must check and retrieve their pets
planeside for each Cape Air flight. Pets will not be automatically transferred between
connecting Cape Air flights. Cape Air will not transfer pets to other airlines -
Customers must make their own arrangements directly with other airlines for
connecting flights (interline and/or codeshare) with other carriers. When making
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such arrangements individually with each carrier, please keep in mind that different
policies, including carrier sizes and fees, may apply for each carrier.
6. Approved Kennels and Carriage Generally
a.) Kennel Requirement. Except as otherwise provided in this section, a soft or
hard-sided kennel suitable for transport of the pet is required to transport the
pet to the aircraft and to contain the pet within the cabin. It is the obligation of
the Customer to provide such kennel. The maximum kennel size is
28”x20.5”x20.5” (see Sections (b) and (c) below as well as “Embargoes
and Limitations” for exceptions). A pet should be able to stand up and turn
around comfortably in a properly-sized kennel. Multiple pets may be transported
within the same kennel providing this standard is met for both animals and it is
deemed safe in the sole discretion of Cape Air.
b.) Tecnam Traveller Kennel Limitation. Kennels additionally MUST be hard-sided
unless the kennel is able to be stowed under the seat in front of the Customer.
The maximum limits for under-seat stowage are kennel dimensions of less than
12” x 6” x 8”. Pets stowed under-seat must not exceed 35 pounds. All Kennels
in excess of 12” x 6” x 8” must be hard-sided, not exceed the maximum kennel
size in Section (a), and shall be located for safe transport behind an opaque,
secure divider separating the passenger compartment from the baggage
compartment and, as a result, inaccessible physically and visually during all times
on board the aircraft.
c.) Limited Market-based Exception. For travel between Hyannis, New Bedford,
Nantucket or Martha’s Vineyard ONLY, dogs may be transported with or without
a kennel under the following conditions:
• A dog not exceeding 35 pounds in weight may be carried on the Passenger’s
lap or on the aft shelf of the cabin, depending upon the aircraft.
• For travel in the Cessna 402 only, a dog 35 pounds or more if properly
restrained with a leash, harness or similar device and situated in such a
location so as to not obstruct access to the aisle or exit may be
accommodated in the passenger cabin. Pets must not exceed a maximum
weight of 80 pounds per animal.
• The ability to carry pets pursuant to this provision is contingent upon rules
by the airport authorities of the airports we serve and is subject to change
without notice.
7. Embargoes and Limitations. Seasonal or route-specific restrictions, or “embargoes,”
may apply depending upon the aircraft size and/or the codeshare partner policy in
place at any point in time. Embargoes below are subject to change without notice.
a.) Flights to/from New York City (JFK). Only small cats and dogs are permitted.
Animal and kennel combined must not exceed 20 pounds. Maximum size of
kennel is 17” (L) x 12.5” (W) x 8.5” (H).
b.) Caribbean Embargoes. No pets are accepted for travel for any flight to/from
Culebra, Puerto Rico (CPX), Virgin Gorda, BVI (VIJ), or for any flight to/from
Nevis, WI (NEV).
c.) Britten Norman Islander Aircraft Embargo. No pets are accepted for travel for
any flight operated by this aircraft type.
d.) Adult Poultry Embargo. In order to ensure compliance with the U.S. Animal
Welfare Act, Cape Air does not transport live adult poultry.
8. Health and General Condition
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a.) The pet must be harmless, odorless, inoffensive and suitable for in-cabin
transport as determined by Cape Air in its sole discretion. A Customer assumes
full responsibility for the safety, well-being and conduct of his or her pet while
on-board the aircraft.
b.) Cape Air assumes no responsibility for the impaired health or death of the pet
due to illness or injury when the pet has been handled by Cape Air with ordinary
standards of safety and care or when Cape Air has acted in the interests of the
entire flight such as in an emergency or a Force Majeure Event.
9. Compliance with Applicable Laws. The Customer must make all arrangements and
assume full responsibility and expense for complying with applicable laws, customs
and/or other governmental regulations, requirements, or restrictions of the country,
state or territory to and from which the pet is being transported. Upon arrival,
health certificates, import permits, and other papers may be required by local
authorities (particularly and frequently required for travel beyond the domestic
United States), depending upon the route on which the pet is traveling.
10. Service Animals. Service Animals accompanying disabled Customers or government
officials are accommodated on all flights at no additional charge to the Customer,
subject to the policy herein. (See Service Animals under section entitled “Acceptance
of Customers”).
j.
Restrictions Due to Federal Law: Marijuana.
Despite recent changes in local State
laws, Federal law does not allow marijuana, medical or recreational, in any form,
onboard commercial aircraft or in the secure locations of any airport terminal, beyond
TSA screening. Accordingly, Cape Air does not permit the transport of marijuana in any
form on any of our flights. For more information regarding this Federal prohibition,
please refer to www.airsafe.com.
5. Acceptance of Customers
a.
Refusal to Transport.
Cape Air may refuse to transport, or may remove from the
aircraft at any point, any Customer(s):
2. Government Request, Regulations or Security Directives. When necessary to comply
with government regulations, Customs and Border Protection, government or airport
security directives, or any governmental request involving emergency transport;
3. Safety. When necessary for the safety of themselves, other Passengers, or members
of the crew, including but not limited to:
a.) Customers whose conduct is disorderly, offensive, abusive or violent;
b.) Customers who fail to comply with or interfere with the duties of the members of
the flight crew, federal regulation, or security directives;
c.) Customers who assault any Cape Air employee or any Cape Air Passenger;
d.) Customers who, through and as a result of their conduct, cause a disturbance
such that the Captain or member of the crew must leave his or her seat to
attend to the disturbance;
e.) Customers who are barefoot or not properly clothed;
f.) Customers who appear to be intoxicated or under the influence of drugs to a
degree that the Customer may endanger him/herself, another Passenger, or a
member of the crew (other than a Qualified Individual with a Disability whose
appearance or involuntary behavior may make him/her appear to be intoxicated
or under the influence of drugs in which case boarding will not be denied);
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g.) Customers wearing or possessing on or about their person concealed or
unconcealed deadly or dangerous weapons, provided however that Cape Air will
carry law enforcement personnel who meet the exceptions under the Section on
Firearms and Ammunition;
h.) Customers who are unwilling or unable to follow Cape Air’s policy on smoking or
use of other smokeless materials;
i.) Customers who are unable to sit in a seat with a seat belt properly secured in
the manner required by Cape Air’s regulatory agencies;
j.) Customers who appear to have symptoms of or have a communicable disease or
condition that could pose a direct threat to the health or safety of others on the
flight, or who refuse a screening for such disease or condition, or have an
offensive odor such as from a draining wound (Note: Cape Air requires a
medical certificate for Customers who wish to travel under such circumstances)
k.) Customers who fail to travel with the required safety assistant(s) pursuant to this
Section, Acceptance of Customers;
l.) Customers who do not qualify as acceptable Non-Ambulatory Passengers
pursuant to this Section, Acceptance of Customers;
m.) Customers who have or cause a malodorous condition (other than individuals
qualifying as disabled);
n.) Customers who have in the past refused to comply with Cape Air’s rules,
disrupted Cape Air’s operations or abused Cape Air’s employees;
o.) Customers who have resisted or may reasonably be believed to be capable of
resisting custodial supervision;
p.) Customers who are incapable of completing a flight safely, without requiring
extraordinary medical assistance during the flight (Note: Cape Air requires a
medical certificate for Customers who wish to travel under such circumstances.)
4. Breach of Contract of Carriage. When there is a failure to observe the rules of the
Contract of Carriage;
5. Force Majeure and Other Unforeseeable Conditions. Whenever such action is
necessary or advisable by reason of weather or other conditions beyond Cape Air’s
control including but not limited to acts of God, Force Majeure Events, strikes, or
disturbances, whether actual, threatened or reported;
6. Proof of Identity. When the Customer refuses a request to produce identification
satisfactory to Cape Air or the Customer’s identification mismatches his or her ticket
information. Cape Air has the right, but is not obligated, to require identification of
persons purchasing tickets and/or presenting a ticket for the purpose of boarding the
aircraft.
7. Failure to Pay. When the Customer has not paid the appropriate fare, or produced
satisfactory proof to Cape Air that the Customer is an authorized non-revenue
Passenger or has engaged in a Prohibited Practice Related to Tickets (see Section,
Cancellation of Reservations).
8. Across International Boundaries. Whenever government required travel documents
appear not to be in order according to Cape Air’s reasonable belief or such
Customer’s embarkation from, transit through, or entry into any country from,
through or to which such Customer desires transportation would be unlawful or
denied for any reason.; or
9. Search of Passenger or Property. When the Customer refuses to submit to electronic
surveillance or to permit search of his or her person or property.
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Cape Air is not liable for its refusal to transport any Customer or for its removal of any
Customer in accordance with this Section. A Customer who is removed or refused
transportation may be eligible for a refund, upon request, as the Customer’s sole and
exclusive remedy. Any Customer who, by reason of engaging in the above activities in
this Section, causes Cape Air any loss, damage or expense of any kind, consents and
acknowledges that he or she shall reimburse Cape Air for any such loss, damage or
expense. Cape Air has the right to refuse, on a permanent basis, any Customer who, by
reason of engaging in the above, causes Cape Air any loss, damage or expense of any
kind, or has been disorderly, offensive, abusive or violent.
b.
Disabled Individuals and Passengers Requiring Assistance
.
1. General. It is the policy of Cape Air to provide equal opportunity for all would-be
travelers. Accordingly, Cape Air will not refuse to provide transportation to, or
discriminate against, a disabled individual, who may be transported in accordance
with the Company’s FAA-approved operating procedures, on the basis of his or her
disability. Cape Air may refuse to provide transportation to
any
Customer whose
carriage may impair the safety of the flight in accordance with the provisions of this
contract, and may refuse to provide transportation to
any
Customer whose carriage
would violate federal regulations (including FAA and TSA regulations) or the
Company’s FAA-issued operating manuals. In exercising this authority, however,
Cape Air personnel will not discriminate against any disabled individual solely on the
basis of his or her disability.
Although the small size of many of our aircraft may limit some of our flexibility (e.g.
inability to fit non-collapsible electric wheelchairs), we will accommodate our
Customers’ special needs to the greatest extent possible, with dignity and respect,
and in compliance with U.S. Department of Transportation Part 382. We encourage
Customers with special needs to speak with a representative of Cape Air (1-800-
CAPEAIR) prior to booking so that we may offer appropriate guidance and support
for your travel.
2. Guidance for Customers
a.) Assistance from Cape Air. Customers who, because of age, mental or physical
condition, disability or impairment, require individual attention or consideration
to enplane or deplane an aircraft or to manage oneself during the flight in
normal operations or emergency conditions, will be afforded reasonable
assistance by Cape Air employees. This assistance will be in a dignified, safe,
professional and courteous manner and at all times Cape Air will consult with the
Customer about any assistance and special plans arranged on the Customer’s
behalf. Cape Air will extend this assistance to all qualified individuals with a
disability as this legal term is more broadly defined to protect all those who may
otherwise suffer from discriminatory practices. This assistance may include,
depending upon the limitations of the aircraft and ramp/dock, steadying a
Customer or providing a helping hand as the Customer ascends or descends the
step(s), assistance in getting to or from the seat, and assistance with loading
and retrieving Personal Items or assistive devices stowed on board. Employees
are not permitted, however, to lift or carry Customers on board the aircraft or
assist with medical services. Should assistance beyond these measures be
necessary for the Customer’s safety, please refer to the Section discussing Safety
Assistants in this Section. As the safest seating arrangement for Customers
needing additional support may vary with the situation and with the aircraft type,
Cape Air may offer to pre-board the Customer or may suggest boarding the
Customer last for access to the most accessible seat.
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b.) Guidance for Boarding. Customers must be physically able to ascend/descend
several steps with minimal assistance to access Cape Air aircraft. Physical
limitations of the aircraft preclude the use of assistive devices typically available
for access to larger aircraft, such as jet bridges, lifts, or boarding chairs.
3. Qualified Individuals with a Disability and Safety Assistants.
a.) Safety Assistants. Customers who need additional support may travel with a
safety assistant who is able to provide the extra assistance required for the
Customer’s safety. This support may include lifting a Customer for boarding and
deplaning, so long as the weight limit of the aircraft stairs is not exceeded.
b.) Essential Safety Assistants Required. Cape Air will not require any individual
covered by this Section to be accompanied by a safety assistant unless it is
determined that such assistant is essential for safety. Cape Air may require a
Customer meeting any of the following criteria travel with a safety assistant as a
condition of being provided air transportation in the interest of the Customer’s
essential safety needs. In these circumstances, and if contrary to the individual’s
self-assessment that he or she is capable of traveling independently, Cape Air
will not charge for the transportation of the safety assistant:
• A person who, because of a mental disability, is unable to comprehend or
respond appropriately to safety instructions from Cape Air personnel,
including the safety briefing required by 14 CFR 121.571(a)(3), (a)(4) and
135.117(b).
• A person with a mobility impairment so severe that the person is unable to
physically assist in his or her evacuation of the aircraft; or
• A person who has both severe hearing and severe vision impairments if the
person cannot establish some means of communication with Cape Air
personnel adequate to permit the transmission of the required safety
briefing.
• If because there is not a seat available on a flight for a safety assistant
whom Cape Air has determined to be necessary, the individual will be eligible
for denied boarding compensation. For the purposes of the determination of
seat availability, the assistant will be deemed to have checked in at the same
time as the Customer herein.
4. Advance Reservations and Check-In. Advance reservations and early check-in are
recommended, although not required, to ensure time to coordinate the collaboration
needed for the safe boarding of qualified individuals with a disability and any
assistive devices.
c.
Oxygen
1. Use On Board Not Permitted. Personal oxygen supplies, canned oxygen, Continuous
Positive Airway Pressure (CPAP) machines, and oxygen cylinders are not permitted
to be used on board and Cape Air is not authorized to provide medical oxygen. Due
to safe stowage limitations, Cape Air does not permit the use of Portable Oxygen
Concentrators (POCs) onboard the aircraft.
2. Transport on Board Requirements and Exclusions.
a.) Portable Oxygen Concentrators (POCs). While use is not permitted at any time,
Cape Air accepts onboard the aircraft for transport as Checked baggage, Gate
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Checked baggage, or as a Personal Item POCs that meet FAA acceptance criteria
for carriage. POCs that meet the acceptance criteria for carriage onboard aircraft
are identified by either:
▪ Bearing a permanent label, on the exterior of the device, in red text which
states, "The manufacturer of this POC has determined this device conforms
to all applicable FAA acceptance criteria for POC carriage and use onboard
aircraft."; or
▪ The POC is included on the following list of POCs previously approved by the
FAA for use onboard the aircraft: AirSep Focus; AirSep FreeStyle; AirSep
FreeStyle 5; AirSep LifeStyle; Delphi RS–00400; DeVilbiss Healthcare iGo;
Inogen One; Inogen One G2; Inogen One G3; Inova Labs LifeChoice; Inova
Labs LifeChoice Activox; International Biophysics LifeChoice; Invacare Solo2;
Invacare XPO2; Oxlife Independence Oxygen Concentrator; Oxus RS–00400;
Precision Medical EasyPulse; Respironics EverGo; Respironics SimplyGo;
SeQual Eclipse; SeQual eQuinox Oxygen System (model 4000); SeQual
Oxywell Oxygen System (model 4000); SeQual SAROS; and VBox Trooper
Oxygen Concentrator.
• POCs which do not conform to the above acceptance criteria may be
transported as a portable electronic device (PED) so long as they do not
contain any hazardous materials and are transported in accordance with all
of the rules which apply to the carriage of a PED (e.g. battery policies, etc.).
b.) Personal oxygen cylinders and canned oxygen. These are not permitted
onboard the aircraft for transport at any time, as Checked baggage, Gate
Checked baggage or as a Personal Item. Customers connecting to or from other
airlines should take particular note of this restriction.
c.) Continuous Positive Airway Pressure (CPAP) machines. These are permitted
onboard the aircraft for transport as Checked baggage, Gate Checked baggage
or as a Personal Item.
d.) Nebulizers. Approved devices can be used on board. Device must be labeled by
manufacturer as FAA-approved. Non-approved devices can be carried but not
used so long as limits for lithium batteries and other requirements are met.
3. Additional Baggage Allowance. For any device that may be transported in
accordance with this section, although the device must not exceed size and weight
requirements as noted in our Section on Baggage, these devices are assistive devices
for Customers with disabilities. As such, they do not count toward baggage
allowance limits.
4. Connecting Customers. When connecting to or from any flight, including interline
and codeshare partners, the Customer is responsible for notifying and making
independent arrangements directly with the other airline.
d.
Medical Transport.
Cape Air does not provide air ambulance or in-flight patient care
services, and is unable to accommodate stretchers on board scheduled flights. In some
Cape Air destinations, Cape Air may be able to accommodate stretchers on specified
aircraft for routine medical transport, provided that patient care equipment is not
required for basic or advanced life support during such transport. In such case, medical
personnel or in-flight patient care equipment may be provided but if supplied only for the
patient’s comfort and not medically required as noted in the previous sentence. When
approved by the FAA, Cape Air will accommodate Passengers requiring respirators,
ventilators and other such equipment. All equipment must be able to be safely stowed
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on board the aircraft. Please consult our Contact Center for more information regarding
any particular request.
e.
Service Animals
1. General. Cape Air makes all reasonable accommodation for Service Animals (see
“Definitions”) to accompany Passengers in the aircraft cabin free of charge subject to
the conditions in this Section. These conditions arise from limitations due to the size
and nature of the aircraft as well as from our priority to ensure the health and safety
of all on board.
2. Advance Reservations. Advance reservations are recommended. For safety reasons,
Cape Air is only permitted to transport one live animal (that is, Service Animal or pet)
per aircraft unless the live animals are from the same family. Only one live animal
per aircraft may be booked confirmed space. Multiple live animals from the same
family are permitted on the same aircraft; however it is possible that, due to space
or weight constraints, the Passenger and live animals may not be able to be
accommodated on any particular flight. Live animals are approved and carried on a
first-come, first-served basis. Should a live animal have a confirmed booking but a
Passenger with a Service Animal request to be boarded, Cape Air will seek out all
alternatives available including offering the Passenger with the pet confirmed space
on the next available flight to accommodate the Service Animal. Only if no options
are available will Cape Air offer the less desirable alternative to the Passenger with
the Service Animal of traveling on a later flight.
3. Permitted Animals and Requirements
a.) Approved Service Animals. Service animals are trained dogs which meet the
definition in the Section entitled Definitions. Untrained emotional support or
comfort animals may no longer travel as Service Animals. Animals that do not
meet the definition of a Service Animal may travel as a Pet, if the animal meets
those requirements.
b.) Harnesses and Securing the Service Animal. Service Animals must be secured
with a harness, leash, or otherwise tethered while at the airport gate, on the
ramp, and onboard the aircraft, and remain under the direct control of the
accompanying Service Animal Handler at all times.
c.) The Service Animal must have a current vaccination for rabies, and, to the best
of the Service Animal Handler’s knowledge, be free of fleas, ticks, or any other
disease that would endanger others.
4. Carriage and Size Limitations
a.) General. Service Animals are expected to fit within the Passenger’s foot space,
leaving the aircraft aisle unobstructed. Federal regulations require that the
Service Animal must not obstruct emergency exit rows, aisles, or any other area
that is required to be clear to facilitate an emergency evacuation. A Cape Air
agent will work with the Customer to determine the appropriate seating
arrangement, considering all the specific circumstances for a particular flight
b.) For transport in the Cessna 402. There is additional space in the aft of the
Passenger cabin which allows for more flexibility in accommodating Service
Animals. As guidance, trained service dogs, typically 50 – 80 pounds in weight,
are safely accommodated on board. This weight range does not represent a
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limit but is intended to offer general guidance as to whether the Service Animal
may be too large to be safely accommodated on board our aircraft. Please see
additional options in the Section entitled “Large Service Animals.”
c.) For transport in the Tecnam Traveller. Due to the location of the emergency exits
and internal seating configuration, some Service Animals may be too large to be
accommodated within the Passenger’s foot space without obstructing designated
emergency exit rows or aisles. Any Service Animal which exceeds approximately
18 inches tall (measured to the shoulder) or 35 pounds in weight is likely too
large to be safely accommodated within Passenger’s foot space. This range does
not represent a limit but is intended to offer general guidance as to whether the
Service Animal may be too large to be safely be accommodated in this manner.
Please see additional options in the Section entitled “Large Service Animals.”
d) For transport in the Britten Norman Islander. Due to the nature and size of the
Britten Norman Islander aircraft, Service Animals in excess of 35 pounds are
likely too large to be safely accommodated on this aircraft type. This range does
not represent a limit but is intended to offer general guidance as to whether the
Service Animal may be too large to be safely be accommodated in this manner.
Please see additional options in the Section entitled “Large Service Animals.”
e) Large Service Animals. For large Service Animals which do not fit within the
Passenger’s foot space, there are additional options, some of which vary by
aircraft type due to the configuration which impacts where Service Animals can
safety travel onboard. Although every reasonable effort will be made to
accommodate all approved Service Animals on board, some Service Animals may
be too large to be safely accommodated. Customers with large Service Animals
are encouraged to contact Cape Air in advance to be sure the animal can be
safely transported on board our relatively small-sized aircraft.
• Available Seats and Alternate Flights. When available, Cape Air will offer the
option to secure the Service Animal within the foot space of a nearby
unoccupied seat. Cape Air will work with the Customer to choose the best
location for securing the Service Animal within the unoccupied space and
ensure the animal is properly restrained using the restraining devices
provided by the Customer. If there is no unoccupied space, the aircraft is at
maximum weight, or the aircraft is otherwise unable to safely accommodate
the Service Animal on a particular flight, Cape Air will offer the Customer and
Service Animal to travel on a later flight where space may be available to
safely accommodate the Customer and Service Animal on board. Customers
also have the option to purchase an additional seat in advance for their
Service Animal by contacting our Contact Center.
• Kennel Alternative. Service Animals which are too large to be transported in
the passenger compartment of the aircraft may alternatively be transported,
at no additional cost, in a kennel provided by the Customer so long as the
kennel maximum size limits in the Section entitled “Pets” are met, along with
all other provisions within this Section entitled “Service Animals.” This option
is available for travel in the Tecnam Traveller. Although Customers may
provide a kennel for travel in the Cessna 402, it is stowed in the same
location where a Service Animal may be tethered so the kennel does not
expand the available space. There is no space on board the Britten Norman
Island for transport of a kennel.
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5. Compliance with Laws. Regulations at the Passenger’s final or intermediate
destination(s) may apply and impose further requirements or restrictions. The
Passenger assumes full responsibility for compliance with all government
requirements, regulations, or restrictions, including entry permits and required health
certificates of the country, state, or territory from and/or to which the animal is being
transported. Please be advised that local quarantine requirements may apply, and
Customers should consult local quarantine regulations in advance.
6. Identification of the Animal as a Service Animal. Cape Air may accept as evidence
that the animal is a Service Animal such physical indicators as identification cards,
harness markings or types, vests, tags, or other credible assurances. Cape Air may
also rely on observed behavior that the animal presented appears trained; That is,
the animal is under the control of its handler and does not engage in disruptive
behavior which demonstrates that it has not been successfully trained to behave
properly in a public setting. Such behavior may include running freely in a gate area,
repeated barking or growling, or urinating in the cabin or gate area. Cape Air may
also ask the Customer what work or task the animal has been trained to perform to
assist the Customer with their disability.
7. Responsibility of the Passenger/Handler. The Service Animal Handler assumes full
responsibility for the safety, well-being, and conduct of its Service Animal, including
the interaction of the Service Animal with other Passengers who may come in contact
with the animal while on board the aircraft
8. Refusal to Transport. Cape Air may refuse transport of a Service Animal when any of
the following circumstances apply. In assessing the below, Cape Air will consider if
measures exist to mitigate the problem, allowing the animal to be safely and legally
transported. If the Service Animal must be refused transport pursuant to this
Section, Cape Air will provide a written statement of the reason for the refusal within
ten (10) calendar days.
a) When the animal’s carriage would violate applicable safety or health
requirements of any U.S. Federal agency, U.S. territory, or foreign government.
b) When the animal poses a direct threat to the health or safety of others. This
determination is based on an individualized assessment, independent of the
dog’s breed or generalized physical type, based on a reasonable judgment
relying on the best available objective evidence to ascertain the nature, duration
and severity of the risk, the probability that the potential injury will actually
occur, and whether reasonable modifications of policies, practices, or procedure
will mitigate this risk.
c) When the animal causes a significant disruption in the aircraft or at an airport
gate area, or its behavior on the aircraft or at an airport gate area indicates that
it has not been trained to behave properly (e.g., running freely, barking or
growling repeatedly at other persons on the aircraft, biting or jumping on people,
or urinating or defecating in the cabin or gate area.) This determination is based
on an individualized assessment, independent of the dog’s breed or generalized
physical type, based on a reasonable judgment relying on the best available
objective evidence to ascertain the probability that the misbehavior and/or
disruption will continue to occur, and whether reasonable modifications of
policies, practices, or procedure will mitigate the misbehavior and/or the
disruption.
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f.
Customer Resolution and Air Carrier Access Act
. At any time during the course of
travel, Customers with disabilities can contact our Customer Care Office to answer
questions and help resolve complaints, disagreements, or alleged violations related to
Department of Transportation regulations. See our section on “Customer Care” for
contact information, or visit our web site.
You may download a PDF version of the Department of Transportation 14 CFR Part 382,
Nondiscrimination on the Basis of Disability in Air Travel at www.capeair.com. You can
also obtain a copy of this regulation in an accessible format from the Department of
Transportation by any of the following means:
1. By telephone: Toll-Free Hotline for Air Travelers with Disabilities
1-800-778-4838 (voice)
1-800-455-9880 (TTY)
2. By telephone: Aviation Consumer Protection Division
202-366-2220 (voice)
202-366-0511 (TTY)
3. By mail: Air Consumer Protection Division
C-75, US Dept. of Transportation
1200 New Jersey Ave., SE.
Washington, DC 20590
4. By web: Aviation Consumer Protection Division’s Web site
http://airconsumer.ost.dot.gov
g.
Unaccompanied Minors (“UM”).
1. General. We welcome young Customers on our flights, but, for their safety, have
policies about when a minor can travel alone and when an adult must accompany the
child during travel.
2. Age and Requirements.
Age of Minor Traveling Alone*
Rule
Minors < eight (8) years
Not accepted for travel if traveling alone*
Minors eight (8) – fourteen (14)
years, up until the fifteenth (15)
birthday, Unaccompanied Minor Rule
applies
Accepted for travel on non-stop Cape Air (9K-only) marketed flights under
the rules and requirements for travel as an Unaccompanied Minor. No
online or interline connections permitted.
Minors or adults fifteen (15) years
and older
Parents or guardians may request any person to be escorted as an
Unaccompanied Minor per the Unaccompanied Minor rules on non-stop
Cape Air (9K-only) marketed flights.
“Traveling Alone” means a minor traveling physically unaccompanied or traveling
with a Passenger who is less than the age of a “Young Traveler” as defined below.
3. Restrictions – When travel as an Unaccompanied Minor is NOT permitted
a. Not permitted on any connecting Cape Air itinerary. Travel must be on a
non-stop flight.
b. Not permitted on any interline connecting itinerary, including flights to/from
codeshare partners. Travel must be on a 9K-marketed non-stop flight.
c. Not permitted on any international flight.
d. Not permitted on the last flight of the day from any Cape Air location,
UNLESS at the time of accepting the Unaccompanied Minor at the departure
location, the Cape Air agent is able make contact with the responsible adult
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at the destination location and the responsible adult is either at the
destination location or is able to demonstrate to Cape Air’s satisfaction that
he or she will be at the destination location prior to the flight’s arrival. Cape
Air strongly recommends against booking an Unaccompanied Minor on the
last flight of the day from any Cape Air location.
4. Service Charge and Fares. There is no additional service charge or escort fee for
Unaccompanied Minors traveling on Cape Air marketed (9K) flights.
5. Positive Identification for Custody. The Unaccompanied Minor must be brought to
the airport by a parent, guardian or responsible adult, provide Cape Air with the
name, address and phone number of the parent, guardian or responsible adult who
will meet the Unaccompanied Minor at the destination airport, and remain with the
Unaccompanied Minor until the flight is boarded. Appropriate identification must be
presented to Cape Air before the Unaccompanied Minor will released into the custody
of the designee at the final destination. We recommend checking-in early to ensure
there is adequate time to complete the required paperwork.
6. Refusal to Transport. The welfare of Unaccompanied Minors is a matter we take
very seriously. Cape Air reserves the right to refuse transportation if the Company
believes there is a significant chance that the flight on which the Unaccompanied
Minor holds a reservation may be delayed or terminate at an airport other than the
intended destination.
7. Flight Cancellations and Diversions. In the event of flight cancellation, diversion,
substantial delay or other irregularity within the Cape Air route system, the agent in
charge or crew member will retain custody of the Unaccompanied Minor until that
custody is transferred to a Cape Air agent or the parent, guardian or responsible
adult named on the UM paperwork. In the event of a flight diversion to an airport
not staffed by Cape Air personnel, Cape Air will make every effort to contact the
parent, guardian or responsible adult identified on the UM Form to coordinate
agreeable and suitable arrangements. A crew member will retain custody of the
Unaccompanied Minor until such arrangements are coordinated. Cape Air will bear
all reasonable costs associated in this instance to ensure the safety of the
Unaccompanied Minor.
8. Cape Air Assumes No Additional Responsibility. Cape Air assumes no responsibilities
for Unaccompanied Minors beyond those applicable to an adult Customer.
h.
Young Travelers
1. General. Young Travelers are young adults between fifteen (15) and seventeen (17)
years (up until the 18
th
birthday) who may travel independently, as adults, on Cape
Air (9K-only) marketed flights. Escort services like those provided for
Unaccompanied Minors are generally not provided for Young Travelers.
2. Connecting Itineraries. The minimum age requirement for traveling alone varies and
Customers must consult connecting airlines directly to ensure that the Young
Traveler connecting to or from Cape Air will be accepted for independent travel on
our interline or codeshare partner airline.
3. When Accompanying Minors. Minors who travel on Cape Air (9K-only) marketed
flights with a Young Traveler are not “unaccompanied” or “traveling alone” and
therefore are not subject to the rules for travel as an Unaccompanied Minor. Please
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be sure to consult with any connecting carrier as a partner airline may or may not
permit a Young Traveler to serve as an accompanying adult for a minor.
i.
Infants.
Under two (2) years of age, infants are accepted at no additional charge if
seated on the lap of an adult Passenger. Proof of age of the infant Passenger may be
required. An FAA or aircraft-approved infant or child-safety seat (“CRS”) may be used on
board when a seat is purchased for the infant. For some destinations (typically
international) even when an infant travels free of charge, government taxes may apply.
Travel by air for infants less than 7 days of age is not recommended and we suggest
Customers consult their physicians for further guidance. Infant travel policies differ for
each airline partner so it’s important to check with each individual airline if you have a
connecting itinerary.
j.
Traveling while Pregnant.
Travel during the ninth month of pregnancy is not
recommended and we suggest Customers consult their physicians for further guidance.
We prefer any woman traveling while pregnant present a certificate from a doctor stating
that the Customer has been examined and has been found to be physically fit for air
travel during the specified time, and that the estimated date of delivery is after the date
of the flight. It’s best to consult a physician within 72 hours of time of departure to have
the most current information. Travel policies may differ for each airline partner so it’s
important to check with each individual airline if you have a connecting itinerary.
k.
Customers of Size Requiring Additional Space on Board the Aircraft.
To ensure
that all Customers have access to safe and comfortable seating on board, we are
providing the below guidance.
For most seats in our aircraft, each seat is positioned between a window and aisle, with
no adjacent seat. Additionally, where there may be an adjacent seat, the design of the
seat belt system for our aircraft does not permit Customers to sit on or between two
seats and/or use seat belts adjacent to different seats to secure themselves during flight.
For this reason, each Customer must be able to sit in one seat and use the seat belt
intended for the seat in which he or she is seated. The entrance door for each aircraft,
width of each seat, and seat belt capacity may be used as a guide when determining
whether someone may be safely accommodated on board our aircraft:
For the Cessna 402, the aircraft door width for entry is 22 inches, the seat width is 17
inches, and seat belts are typically 40 inches in length across the lap, although lengths
can vary. Seat belt extenders, generally extending the length of a seat belt up to 24
inches, are available for Customers who may need to lengthen the size of the belt.
For the Tecnam Traveller, the aircraft door width for entry is 31.5 inches, the seat width
is 16 inches and the seat belt maximum extension in length across the lap is
approximately 43 inches; however, the integrated harness system allows some flexibility
depending up the length needed across the lap versus the length needed for the
shoulder harness to cross the body. FAA-approved seat belt extenders are not available
for this harness model and not recommended by the manufacturer.
For the Britten Norman Islander, the seating is “bench” style, the available space for
each Passenger being ½ of the bench seat which is approximately 18 inches. The
aircraft door width for entry is 36 inches wide for all doors except one which is 24 inches
and seat belts are typically 40 inches in length across the lap; however, the integrated
harness system allows some flexibility depending up the length needed across the lap
versus the length needed for the shoulder harness to cross the body. Seat belt
extenders are similarly not available due to the non-detachable shoulder-harness design.
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Customers of size may contact our Contact Center in advance to let us know they may
need additional time or assistance to board, or they may discuss their needs with our
Airport Customer Service Agents. Customers of size must be able to be transported
without compromising the safety of themselves or other Passengers on board the
aircraft; however Cape Air will not refuse to provide transportation to any Customer
solely because a Customer’s size results in an inconvenience to crewmembers or other
Passengers.
L
Traveling with Prisoners.
1. General. All prisoners travelling as passengers must be accompanied by a Law
Enforcement Officer (LEO). The classification of the prisoner is determined by the law
enforcement agency and determines whether the LEO escort needs to be armed.
When a law enforcement agency needs to transport a prisoner with an armed Law
Enforcement Officer (LEO), Cape Air must be notified 24 hours prior to the scheduled
departure time, or, if not 24 hours, as far in advance as possible. This notification
must include (1) the identity of the prisoner and (2) whether the prisoner is
considered “high-risk “or “low-risk”. The armed LEO escorting a prisoner must arrive
at least 1 hour prior to the scheduled departure time so that all required paperwork
and steps are completed before the flight is boarded. Prisoners must be restrained
from full use of their hands as appropriate and required by Cape Air’s operating
manuals. When connecting to or from any flight, including interline and codeshare
partners, the Customer is responsible for notifying and making independent
arrangements directly with the other airline.
2. For “Low Risk” Prisoners on Flights of 4 hours or less. A minimum of one LEO must
control the prisoner. One LEO may control no more than two “low risk” prisoners.
3. For “High Risk” Prisoners on Flight of 4 hours or less. A minimum of two LEOs must
control one “high risk” prisoner. Unless authorized by TSA, no more than one “high
risk” prisoner may be carried on a flight.
6. Cancellation of Reservations
a.
Liability Limitations.
Cape Air is not liable for any consequential, compensatory or
other damages when cancellations occur (for both confirmed and unconfirmed
reservations) in accordance with this rule.
b.
Airport Check-in, Show Times, and Re-check Requirements.
1. General. All Customers must check-in and/or present themselves to Cape Air within
the guidelines provided in the below chart. Check-in may occur with a Cape Air
agent at the Cape Air departure ticket counter, online at www.capeair.com
(available
for most but not all Cape Air flights)
, or with a partner airline with whom we offer the
ability to check-through to your final destination. For customers who check-in online,
you will be offered guidance as to where you need to present yourself to Cape Air, as
that varies by airport and depends on whether you are checking bags. Although we
encourage customers to check-in with enough time for all processing, Cape Air will
not accept or hold baggage for a Passenger more than four (4) hours in advance of
flight departure time.
2. Re-Check Requirement when Connecting to Cape Air. Customers who receive
boarding passes through www.capeair.com or a partner airline must re-
check with a Cape Air agent at least 30 minutes prior to scheduled
departure time. This provides us the opportunity to gather information required to
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perform our weight and balance and to manage any baggage you may be carrying.
This re-check may occur at the departure gate or ticket counter.
3. Boarding Times. All Cape Air flights board approximately 10 – 15 minutes before
departure time. Passengers must be checked-in, re-check (if applicable), and be
present and ready to board 20 minutes prior to scheduled departure time.
4. Failure to Check-In, Re-Check, or be ready to Board as Recommended. Failure to
check-in, arrive at our ticket counter, re-check, or be present for boarding within the
recommended guidelines as provided in this section jeopardizes our ability to depart
as scheduled, on-time. As a result, any Passenger who fails to meet these guidelines
is subject to having his or her flight reservation cancelled, including connecting and
return reservations within the same itinerary.
If you are checking bags, failure to observe these minimum times may result in
insufficient screening time by the airports and your bag may not be delivered to us in
time for your flight
In addition, although we do our best to plan for carriage of both Passengers and
their bags for every flight, sometimes actual weights exceed these planning limits
and measures must be taken to manage the circumstances at hand. Weather or
other flight planning conditions may also require the carriage of additional fuel
further limiting our ability to carry all that we originally planned for each Passenger.
In these instances, Passengers who check-in or re-check after the recommended
times and any Excess Baggage are the most likely to be reaccommodated on another
Cape Air flight.
5. Guideline Chart. The guidelines are only a recommendation based on the best
information available at the time of publication. Conditions may vary by airport, date
of travel or during peak travel times. Cape Air is providing general guidance to assist
in decision-making and offers no guarantees to Customers complying with these
recommendations; however, failure to observe these guidelines may subject the
Passenger to the ramifications as described in this section. It is the Customer’s
responsibility to arrive at the airport with enough time for all airline and
airport processing requirements to be met.
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c.
Failure to Use Each Flight Segment.
Cape Air tickets are priced and sold based on
the itinerary and not as individual flight segments. If the Customer foresees a change or
must make a change to an itinerary while enroute, he or she must contact Cape Air, or
the original ticketing representative, to determine how this may affect the ticket and
remaining travel plans. Failure to do so may result in cancellation of all or part of the
itinerary or forfeiture of the partial or total value of the ticket.
d.
No Show Customers.
Cape Air may cancel, without notification and in addition to
other measures referenced in this Contract of Carriage, all continuing and returning
portions of an itinerary contained in the same reservations record, including other airline
segments, when a Customer No Shows for a flight.
e.
Ticket Time Limits.
If the Customer has not purchased a validated ticket for a
confirmed seat for a reservation with ticketing time limits as defined by the fare rules,
the reservation will be cancelled without notice at the expiration of the time limit. For
tickets purchased pursuant to interline, codeshare or airline partner agreements, or
through on-line or agency channels, different time limits may apply.
f.
Refusal to Transport.
If Cape Air’s refusal to transport the Customer is for reasons
defined in section “Refusal to Transport”, the reservation will be cancelled.
g.
Record of Cancellation.
When there is a record that a reservation was cancelled
(either by Cape Air, the Customer, the Customer’s agent, or Cape Air’s airline partner)
after a ticket for a confirmed flight was issued, the ticket may not be accepted for the
flight specified. In such event, Customers will not be eligible for denied boarding
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compensation. If the Customer has purchased the ticket and the reservation is
cancelled pursuant to this paragraph, Cape Air may refund the ticket in accordance
with its refund policy or offer flight accommodations on the next flight with seats
available.
h.
Weather, Force Majeure, Governmental Regulations.
When cancellation is
necessary due to weather, required to comply with any governmental regulation, or due
to conditions beyond Cape Air’s control (including Force Majeure Events), Cape Air may
cancel the flight and all corresponding Customer itineraries.
i.
Failure to Comply.
When the Passenger fails to comply with the rules set forth herein,
Cape Air may cancel any and all portions of the Customer itinerary.
j.
Fictitious and Duplicate Bookings.
Multiple bookings of a fictitious nature are
prohibited. In the event Cape Air determines that an individual has confirmed bookings
to one or more destination(s) on or about the same time and date(s), Cape Air reserves
the right to cancel all confirmed space associated with the duplicate reservations. When
such case arises, Cape Air will make every effort to contact the Customer in advance;
however Cape Air reserves the right to cancel this space without notice to the Passenger
or the person making the booking.
k.
Prohibited Practices Relating to Tickets.
The following practices are prohibited by
Cape Air. When a ticket is purchased and used in violation of these rules or any fare
rule, Cape Air has the right in its sole discretion to take all actions permitted by law,
including but not limited to, (1) invalidate the ticket; (2) cancel any remaining portions of
the Passenger’s itinerary; (3) refuse to board, (4) require additional collection for actual
ticket value, (4) confiscate any unused flight coupons, or (5) any other legal remedy.
1. “Hidden Cities Ticketing” or “Points Beyond Ticketing”. Fares apply for travel only
between the points for which they are published. Tickets may not be purchased and
used at fare(s) from an initial departure point on the ticket which is before the
Passenger’s actual point of origin of travel, or to a more distant point(s) than the
Passenger’s actual destination, even when the purchase and use of such tickets
would produce a lower fare.
2. “Throwaway Ticketing”. The purchase and use of roundtrip tickets for the purpose
of one-way travel is prohibited, even when the purchase and use of such ticket
would produce a lower fare.
3. “Back to Back Ticketing”. The use of flight coupons from two or more different
tickets issued at roundtrip fares for the purpose of circumventing applicable fare
rules (such as advance purchase or minimum stay requirements) is prohibited.
l.
Overbooking.
Cape Air’s flights, including flights operated as codeshare flights or
pursuant to airline partner agreements, are subject to overbooking which could result in
Cape Air’s inability to provide previously confirmed reserved space for a given flight. In
such a situation, Cape Air’s policy on Denied Boarding will apply. Please refer to this
section of this contract for more information.
7. Fares
a.
General.
Cape Air offers a wide range of fares on all flights. Not all fares are available
at all times on all flights. For discount fares, seating may be limited and restrictions may
apply. The fare charged on the ticket applies only to the transportation specified
thereon. Any Passenger-initiated changes to such transportation may result in a change
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in the fare, assessment of monetary penalties, assessment of a processing fee, or loss of
transportation value. All fares are subject to change without notice. For more
information regarding any specific fare, its eligibility requirements and restrictions, please
ask a Cape Air agent or read the information provided when booking online at
www.capeair.com.
b.
Lowest Available Fare.
When Customers contact our Contact Center, visit our Airport
or City Ticket Offices, or book flights through www.capeair.com we will offer the lowest
fare available through that booking channel for which the Customer is eligible for the
date and flight requested at the time of the request. Customers should advise Cape Air
of any special status that might qualify them for any special fare or discount. If a
Customer indicates flexibility in his/her travel plans in order to obtain a lower fare, our
agents will offer to check availability for specific alternative dates and times.
Occasionally, lower fares may be available online at www.capeair.com, and our partner
airlines may have lower fares for their segments via their Contact Centers, Ticket Offices,
or website.
c.
Instant Purchase with Refund within 24 Hours of Purchase.
Although we require
instant purchase at the time of booking, Cape Air will provide the opportunity for
Customers to think about their travel plans, consult travel companions, or seek
alternative transportation options. For reservations made through our Contact Center,
City and Airport Ticket Offices, and www.capeair.com, Customers may cancel ticketed
reservations and obtain a 100% refund, without penalty, to the original form of payment
within 24 hours of the purchase, even for non-refundable tickets. Changes to the
itinerary in lieu of cancellation by the Customer may result in a change in the fare.
d.
Change Fees (for both refundable and non-refundable tickets).
As a general
rule, Cape Air’s fares are flexible and change fees do not apply. For information
regarding any particular fare, please refer to the fare rules presented at time of ticket
purchase.
1. For changes made at least 24 hours prior to departure, Cape Air does not impose a
change fee, but may charge for any additional fare which may apply for the new
booking.
2. For changes made on the day of departure (prior to the original departure time) for a
new flight on the same day, there is no change fee and no additional collection for
the additional fare, if applicable.
3. For changes made within 24 hours of departure for a new flight on a future day, a
cancellation fee applies for non-refundable tickets.
e.
Cancellation Policy and Fees.
1. General. On booking at www.capeair.com or through our Contact Center and Airport
and City Ticket Offices, or upon request, our representatives will disclose your
itinerary and any ticketing cancellation policies or fees which apply. Cancellation
policies vary depending upon the fare purchased, including whether the ticket was
purchased through Cape Air, a partner airline, or agency. These policies are included
in the fare rules published with ATPCO and available for inspection at the time of
ticket purchase. Reasons for cancellation, in addition to cancellation policies specific
to your ticket, may be found in our Contract of Carriage in the Section “Cancellation
of Reservations.”
2. Cancellation Penalties and Fees. This is the general rule. For information regarding
any particular fare, please refer to the fare rules presented at the time of ticket
purchase.
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b.) Cape Air does not charge cancellation fees for flight cancelled more than 24
hours prior to departure.
c.) For Non-Refundable tickets
i. When cancelled more than 24 hours prior to departure, ticket value is
retained and the Customer may apply that value towards the purchase of
a ticket for future travel for up to one year from the original purchase
date
ii. When cancelled within 24 hours of departure or when Customer No-
Shows for the flight, value is forfeited.
d.) For Refundable tickets, such cancellation will not impact refundability.
Refundable tickets are 100% refundable, unless some other condition applies.
f.
Consumer Disclosures.
If there is further information available, such as whether the
flight is operated by a partner airline or a change of aircraft for a single-numbered flight
is required, this information will be provided as the reservation is made.
g.
Waiver of Restrictions or Rules.
Cape Air may waive fare restrictions or offer special
fares in its sole discretion for Passengers faced with emergency travel situations.
h.
Surcharges.
Cape Air reserves the right to impose surcharges, such as a surcharge for
fuel, in its sole discretion. Such a surcharge will be publicly filed with the Airline Tariff
Publishing Company (ATPCO) along with fares and rules in accordance with standard
Cape Air procedure.
i.
Partner Airline Fares.
Fares sold under the trade name of a partner airline pursuant to
a codeshare or other airline partner agreement with Cape Air are subject to the rules,
terms and conditions as determined by the partner airline that issued and validated the
ticket.
8. Tickets and Seat Assignments
a.
General
. No person will be entitled to transportation except upon presentation of a
valid ticket. A ticket which has not been validated or which has been altered or mutilated
is not valid. A valid ticket will entitle the Customer to air transportation only between
airports of origin and destination via the routing designated on the ticket. Flight coupons
will be honored only in the order in which they are intended for use.
b.
Unused Tickets.
Unused Cape Air tickets are valid for transportation for a period of
one (1) year from the date of original issue unless a shorter validity period is indicated on
the ticket. Cape Air reserves the right in its sole discretion to extend the validity of a
ticket in case of emergency, illness, or other such situations. Tickets purchased through
agents or airlines with which Cape Air has agreements are subject to the rules of those
agents and airlines and different provisions may apply.
c.
Advanced Seat Requests and Emergency Exit Rows.
Cape Air does not guarantee
allocation of any particular seat in the aircraft, including advanced seat requests made
with airline partners pursuant to interline, codeshare, or other airline marketing partner
agreements. This rule applies for flights operated by single or multiple sections of aircraft
and no Customer is guaranteed a particular seat on any flight or section operated under
a single flight number. Seats in rows designated as emergency exit seats are only
available for those Passengers who are able to meet the requirements as specified in the
Company’s FAA-approved operating procedures
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d.
Nontransferable.
Tickets are non-transferable. Cape Air is not liable to the owner of a
ticket for honoring such a ticket when presented by another person.
e.
Ticketing Fees.
Cape Air reserves the right to impose ticketing fees, such as a service
charge, in its sole discretion. This fee is non-refundable.
9. Travel Documents
Each Customer desiring transportation across any international boundary is responsible for
obtaining all necessary travel documents and for complying with the laws of each country
flown from, though, or into which he or she desires transportation. Subject to applicable
laws and regulations, Customers must pay the applicable fare whenever Cape Air, on
government order, is required to return a Customer to the point of origin or elsewhere due to
the Customer’s inadmissibility into, or deportation from, a country.
10. Refunds and Lost Tickets
a.
General.
We strive to provide prompt refunds for eligible tickets once all appropriate
documentation is received. When issuing a refund, the refund will include the fare, taxes
and any pre-paid optional services. Refunds for purchases made with credit cards are
issued to the original form of payment within 7 business days of receipt of the required
information. Credit card refunds may take up to 2 billing cycles before appearing on the
credit card statement depending upon your specific credit card agreement. Refunds for
purchases by cash or check are issued within 20 days of receipt. Refunds will only be
issued in the name of the purchaser or Customer, as applicable.
b.
Lost Tickets.
When a Customer loses a ticket or a portion thereof, the Customer will be
required to purchase another ticket, at the original fare paid, before transportation will
be furnished between the points covered by the lost ticket. The applicable rules and
process for refunds of lost tickets are the same as for refunds, generally, except that
there is a waiting period of up to one (1) year before a refund will be issued to ensure
the ticket is not found and used. Tickets which are used are not eligible for refund.
c.
Requesting a Refund on Tickets Issued by Cape Air.
For refund guidelines, please
visit https://www.capeair.com/scripts/refunds.php . You may also contact our Refunds
Department at (508) 957-6909 or refunds@capeair.com.
d.
Tickets Not Issued by Cape Air.
Cape Air is not obligated to refund a ticket that does
not reflect a confirmed reservation on a Cape Air flight or a ticket not issued by Cape Air.
For tickets issued by travel agents, online booking agencies or other airlines, including
interline and codeshare airline partners, for travel on Cape Air, the Customer must direct
the refund request to that agent or airline for processing. In this situation, the agency or
other airline refund policy may apply.
e.
Non-Refundable & Refundable Tickets.
Cape Air issues directly (and through its
partner airlines and agents) tickets that are both Refundable and Non-Refundable. Rules
in addition to those below regarding eligibility for refunds or exceptions are included in
the fare rules published with ATPCO and available for review at the time of ticket
purchase.
1. Non-Refundable tickets:
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a.) General Rule. Cape Air will not refund any portion of a ticket that is purchased
with a Non-Refundable fare, including the fare and any taxes, fees, or other
charges included within the total price paid for the ticket.
b.) Application of Value Towards Future Purchase. Cape Air may allow a portion of
the Non-Refundable fare paid for an unused and Non-Refundable Cape Air ticket
to be applied towards the purchase of future travel on Cape Air, provided it is
done in accordance with the applicable fare rule. Any portion not so applied will
not be refunded in any form.
c.) Value Forfeited for Failure to Honor Cancellation or No Show Policies. Tickets for
any reservations not cancelled in accordance with Cape Air’s Cancellation Policies
or for Customers who No Show for a flight are not eligible to have the ticket
value applied towards the purchase of future travel on Cape Air. In this
situation, the ticket has no value.
d.) Extenuating Circumstances. A Non-Refundable ticket which has been deemed to
have no value pursuant to this Section may, at the sole discretion of Cape Air, be
refunded in full or part, or have its value applied toward the purchase of a Cape
Air ticket, in consideration of extenuating circumstances, such as the death of a
family member.
2. Refundable tickets:
a.) General Rule. Cape Air will refund all or any unused portion of a ticket that is
purchased with a refundable fare, including the fare, taxes, and other charges
included within the total price paid for the ticket, less any service fee, if
applicable.
b.) Value Forfeited for Failure to Honor No Show Policies. Customers who No-Show
for a flight are not eligible for a refund (full or partial) and Customers may not
have the ticket value applied towards the purchase of future travel on Cape Air.
In this situation, the ticket has no value.
c.) Extenuating Circumstances. A Refundable ticket which has been deemed to
have no value pursuant to this Section may, at the sole discretion of Cape Air, be
refunded in full or part, or have its value applied toward the purchase of a Cape
Air ticket, in consideration of extenuating circumstances, such as the death of a
family member.
f.
Voluntary Refunds
. For tickets eligible for refunds and when a Customer has complied
with all applicable provisions of the Contract of Carriage and the fare rules as published
with ATPCO, the ticket will be refunded as follows:
1. Unused Ticket. If the ticket is totally unused, the full fare paid will be refunded less
any applicable service charge or penalty.
2. Partially-used Tickets. If the ticket is partially unused, the refund will be the
difference between the fare paid and the fare for the transportation actually used as
determined by the applicable rules, less any applicable service charge or penalty.
g.
Involuntary Refunds
. In the event that Cape Air fails to provide a previously
confirmed seat and does not reroute the Customer either over other Cape Air routes,
those of another airline, or via alternative ground or sea transportation, Cape Air will
refund directly to the Customer the following. These circumstances may include, but are
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not limited to, cases of refusal to transport, flight delays, flight cancellations, schedule
changes, and schedule irregularities:
1. Unused Ticket. An amount equal to that paid, if no portion of the ticket has been
used; or
2. Partially-used Tickets. An amount equal to the applicable fare for the unused
segment(s) if a portion of the ticket has been used. In no instance will the amount
refunded be greater than the amount paid for the ticket.
3. Limitations and Requirements.
1. The applicable refund will be granted only if the Customer complies with the
provisions set forth in this Contract.
2. Refund requests must be made prior to the expiration date of the ticket.
11. Interline, Codeshare and Connecting Itineraries
a.
General.
For the purpose of facilitating connecting travel, Cape Air may enter into
agreements with independent carriers providing for interline transportation, joint
ticketing, special fares, baggage transfer, new sales platforms, reward programs,
codeshare flights, and/or other related services. When your connecting itinerary is
booked on the same ticket, airlines are able to assist with alternative travel plans in the
event of a flight irregularity or schedule change.
Travel on independent carriers is subject to the terms and conditions of the Contract of
Carriage of the independent carriers which may be obtained through contact with that
carrier.
b.
Applicable Terms for Codeshare Flights
. Cape Air presently markets and operates
under its own designated code (“9K”), American Airlines’ code (“AA”), JetBlue’s code
(“B6”), and United Airlines’ codes (“UA”), and participates in a variety of interline,
codeshare and other marketing agreements with airline partners. For flights marketed
and sold under the name and code of another airline, the other airline is responsible for
the entirety of the codeshare journey for all obligations to Passengers established in their
Contract of Carriage. The rules contained in their Contract of Carriage with respect to
ticketing apply to the codeshare services on flights operated by Cape Air. However, rules
respecting the operation of Cape Air flights may differ from the codeshare partner’s rules.
When differences occur, they are in large part based on differences in aircraft size and
type and governing operating regulations. As to these rules, except as otherwise
provided herein, travel on all flights operated by Cape Air, regardless of marketing, trade
names or shared airline codes, is subject to the terms and conditions contained herein.
Operational terms and conditions that may differ include, but are not limited to:
1. Check-in times and advanced seat assignments
2. Baggage acceptance – including maximum size and weights, fees, and restricted items
3. Carriage of animals
4. Compensation for denied boarding or flight irregularities (e.g. delays)
5. Oxygen service
6. Irregular operations
7. Acceptance of Customers
It is the intent of Cape Air to help our Customers understand our policies and when
differences may apply pursuant to marketing agreements and we attempt to outline
major differences within this contract when practicable. Codeshare partner airlines will
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advise all Passengers when a flight is operated by Cape Air pursuant to a codeshare
agreement. In many cases, the codeshare partner airline will publish in its Contract of
Carriage a section entitled “Codeshare” or “Partners” and this section is a good place to
find an overview of applicable policies. Contracts for Carriage for each carrier are
published on the airline’s web site.
c.
Minimum Connecting Times.
Minimum connecting times apply when booking and
ticketing connecting flights between airlines on the same itinerary. Minimum connecting
times vary depending upon the location of gates, security screening requirements, and
other factors. Customers are encouraged to allow for additional connecting time during
peak travel periods. When booking a connecting flight through our Contact Center,
Airport or City Ticket Offices, www.capeair.com, an airline partner, or an online or travel
agency, if the both airlines are ticketed on the same ticket, minimum connecting times
are validated for the itinerary.
d.
Building Your Own Connections.
Customers who create their own connections
through individual tickets separately with different airlines, with or without a Cape Air
partner airline, are solely responsible for allowing enough time between flights, and must
make their own alternative arrangements (including covering any additional cost) in
cases of schedule changes or flight irregularities. For planning purposes, Passengers will
need sufficient time to claim luggage, transfer between terminals if necessary, and
comply with the check-in requirements of the other airline. Allowing two hours is a
guideline, but this varies depending on the requirements of the connecting airline,
distance between terminals, the destination (international/domestic), and length of
check-in and security lines at the airports. When connecting between two airports within
the same metropolitan area, please leave additional time for traffic.
12. Services to Mitigate Inconveniences Resulting from Flight Delays,
Schedule changes, Re-Routings, and Diversions
a.
General.
Getting Customers to their destination on time, as scheduled, is our priority.
Unfortunately, there are times when irregularities or changes in schedule occur. Cape Air
will exercise reasonable efforts to transport our Customers and their baggage from the
origin to the destination with reasonable dispatch, but published schedules, flight times,
aircraft types, seat assignments, and similar details reflected in the ticket or Cape Air’s
published schedules are not guaranteed and form no part of this Contract. Cape Air may
substitute alternate carriers or aircraft, change its schedules, delay or cancel flights,
change seat assignments, and alter or omit stopping places shown on the ticket as
required by its operations or in Cape Air’s sole discretion. Cape Air’s sole liability in the
event of such changes is set forth in this Section. Cape Air is not responsible or liable for
making connections, failing to operate any flight according to schedule, changing the
schedule or any flight, changing seat assignments or aircraft types, or revising the
routings by which Cape Air carries the Customers from the ticketed origin to destination.
b.
Applicability
1. Flights originating in the United States. Where the Cape Air flight originates in the
United States, the provisions of this section apply to a Customer who has a ticket
and a confirmed reservation on a flight that incurs a Schedule Change, Schedule
Irregularity, or Force Majeure Event.
2. Flights not originating in the United States. Where the Cape Air flight originates
outside the United States, the following provisions apply to a Customer who has a
ticket and a confirmed reservation on a flight that incurs a Schedule Change,
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Schedule Irregularity, or Force Majeure Event, unless a local or international law
regulates such matter.
c.
Communication with Our Customers.
Cape Air will provide Customers with timely
updates about any change in flight status (including delays of 30 minutes or more,
cancellations, or diversions, within a week of departure) within 30 minutes of becoming
aware of the status change, and will strive to provide the best available information
concerning the duration of any delay and, to the extent available, the flight’s anticipated
departure time. We may use one or more ways to communicate this information to you:
through boarding area announcements, airport flight status displays, online at
www.capeair.com, and, upon request through contact via phone with Cape Air’s Contact
Center.
For planned changes in schedule prior to the day of departure, Cape Air will do its best to
notify Customers via email or phone using contact information provided by the Customer
on booking. For Customers who have made travel arrangements through a travel agent,
online agency, or partner airline, Cape Air provides travel change information to these
partners so that they may contact Customers using the contact information provided to
our partners on booking.
d.
Schedule Change.
When a Customer is affected by a planned change in schedule,
Cape Air will, at its election and in collaboration with the Customer, arrange one of the
following listed below. For changes due to Force Majeure Events, please review that
Section for additional rules which apply.
1. Cape Air Flight. Transport the Customer on a substitute flight operated by Cape Air
which is close in time to the original flight and terminates at the Customer’s final
Cape Air destination at no additional cost.
2. Substitute Carrier Flight. Reroute the Customer over the lines of another carrier with
whom Cape Air has agreements for such transportation when there is no substitute
Cape Air flight.
3. Refund. Refund the unused portion of the ticket, including the unused portion of the
fare, taxes and any prepaid optional services (regardless whether the ticket as
originally purchased is refundable or non-refundable), when no substitute
transportation is provided, or it is offered but unacceptable to the Customer.
4. Connections. Additionally assist Customers with interline itineraries to obtain
substitute transportation, when needed because of a Cape Air schedule change, on
the same connecting carrier or on another connecting carrier with whom that carrier
has an agreement for such transportation. Additional costs may or may not apply
depending upon the carrier with whom the Customer has arranged for interline
transportation or the vendor from whom the Customer has purchased tickets for
travel on the other carrier.
e.
Schedule Irregularity.
In order to reduce the inconvenience experienced during
cancellations, major delays or misconnections, Cape Air will, at its election and in
collaboration with the Customer, arrange one of the following listed below. For
irregularities due to Force Majeure Events, please review that Section for additional rules
which apply.
1. Cape Air Flight. Transport the Customer on the next Cape Air flight on which space
is available.
2. Substitute Carrier Flight. Reroute the Customer over the lines of another carrier with
whom Cape Air has agreements for such transportation.
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3. Alternative Ground or Sea Transport. When other options via air are not available,
provide alternative transportation via ground or sea with vendors with whom Cape
Air has agreements for such transportation.
4. Refund. Refund the unused portion of the ticket, including the unused portion of the
fare, taxes and any prepaid optional services (regardless whether the ticket as
originally purchased is refundable or non-refundable), when no substitute
transportation is provided, or it is offered but unacceptable to the Customer.
5. Connections. In the event the Customer misses an onward connecting flight on
which space is reserved pursuant to an interline or codeshare itinerary, Cape Air will
additionally arrange for substitute transportation.
6. Amenities. Additionally, amenities for protracted delays or irregularities necessitating
overnight stays may be offered at Cape Air’s discretion. Such amenities may include
lodging, meals, ground transport to access to lodging/meals, and/or special services
necessary to maintain the safety and welfare of certain Customers (such as qualified
individuals with a disability, unaccompanied minors, and the elderly). No amenities
will be provided to a Customer on a flight which is delayed or cancelled at the
Customer’s home city.
f.
Force Majeure Events
: Cape Air may, in the event of a force majeure event, without
notice, cancel, terminate, divert, postpone, or delay any flight or reservation and
determine if any departure or landing should be made, without liability except to refund
for any unused portion of the ticket. When cancellations or major delays are experienced
by our Customers because of a Force Majeure Event, Cape Air personnel will assist the
Customer to obtain alternative means of travel (on Cape Air, a partner airline, or via
ground or sea transportation) or offer a refund of the unused portion of the ticket. Cape
Air does not have liability in case of Force Majeure Events beyond the obligation to
refund of the unused portion of the ticket. No amenities will be provided to a Customer
who experiences travel interruptions resulting from a Force Majeure Event.
g.
Diversions.
1. General. It is sometimes necessary for flights to divert, or land at a location other
than the flight’s intended destination. Medical emergencies and severe weather
conditions are examples of situations when a flight could land, unplanned, in another
city. If we believe there is a reasonable possibility that a flight will be diverted after
take-off (for example, in situation where fog may impede landing on arrival at the
destination city), that information will be provided to you before departure and you
will be given an opportunity to decide whether you prefer to board the flight or seek
alternative transportation. In the event a diversion decision occurs after the aircraft
has departed, the crew will inform you when it is safe and possible to do so.
2. Cancellations in Diversion City. It is possible that a flight will cancel while on the
ground in the city to which it diverted. When this happens, Cape Air will, at its
election and in collaboration with the Customer, arrange one of the following listed
below. If you knew of the possibility of the diversion before boarding the flight and
accepted the risk of diversion, Cape Air will do its best to assist you with
accommodations or alternative transportation, but will not be financially responsible
for providing such accommodation or transportation.
1. Cape Air Flight. Transport the Customer on the next Cape Air flight on which
space is available.
2. Substitute Air Carrier. Reroute the Customer over the lines of another carrier
with whom Cape Air has agreements for such transportation.
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3. Alternative Ground or Sea Transport. When other options via air are not
available, provide alternative transportation via ground or sea with vendors with
whom Cape Air has agreements for such transportation and
4. Amenities. If necessary, provide reasonable overnight accommodations and/or
meals.
h.
Liability Limitations
Except to the extent provided by local or international laws, Cape Air shall not be liable
beyond that which is provided herein. Cape Air is not responsible for any special,
incidental or consequential damages for failure to meet the commitments of this section.
13. Denied Boarding
a.
General
. When a flight is or becomes oversold prior to departure for whatever reason,
unless otherwise required by local or international laws, the following provisions in this
Section apply to the Oversold Flight and its Passengers.
b.
Volunteers and Boarding Priority.
Cape Air will actively solicit Customers to
voluntarily relinquish their reservations in exchange for free Cape Air tickets, or other
compensation, in an amount determined by Cape Air. The request for and selection of
volunteers will be in a manner determined solely by Cape Air. If there are not enough
volunteers, Passengers may be denied boarding involuntarily in accordance with Cape
Air’s boarding priority:
1. Passengers who are qualified individuals with disabilities, unaccompanied minors, or
Passengers traveling as qualified unaccompanied minors as defined in that section,
will be the last to be involuntarily denied boarding if it is determined by Cape Air that
such denial may constitute a hardship.
2. The priority of all other confirmed Passengers will be determined by the order in
which they check-in for a flight, denial commencing with those who checked-in last.
3. Consideration may also be given to other situations where, in Cape Air’s sole
discretion, a hardship may exist, as when, for example, the denied boarding results
in a misconnect with a Customer’s onward journey, the Customer is elderly, the
Customer is traveling with an infant, or the Customer is suffering from a medical
condition.
Cape Air will not require Customers seated onboard the aircraft to give up their seat for
any reason other than safety and security.
c.
Involuntary Denied Boarding and Compensation.
Passengers denied boarding
involuntarily due to Oversold Flights shall be compensated by Cape Air through offer of
free Cape Air tickets, or other compensation, in an amount determined in Cape Air’s sole
discretion.
Exceptions: A Passenger denied boarding involuntarily from an Oversold flight shall not
be eligible for denied boarding compensation if: (1) the Passenger holding a Ticket for
confirmed reserved space does not comply fully with the requirements in this Contract of
Carriage regarding ticketing, check-in, re-check procedures and acceptance for
transportation; (2) the Passenger is denied boarding because the flight is cancelled; (3)
the Passenger is denied boarding because a smaller capacity aircraft was substituted for
safety or operational reasons; (4) on a flight with 60 seats of less, the Passenger is
denied boarding due to weight/balance restrictions when required for operational or
safety reasons; (5) the Passenger is offered accommodations in a section of the aircraft
other than specified on the ticket at no extra charge; (6) the Passenger is accommodated
on alternate transportation at no extra cost which is scheduled to reach the Passenger’s
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next stopover (if any) or final destination within one hour of the planned arrival time of
the Passenger’s original flight; (7) the Passenger is an employee of Cape Air or another
carrier or other person traveling without confirmed reserved space; (8) the Passenger
does not present him/herself at the boarding location for boarding within the times
specified in this Contract of Carriage for boarding cut-off times
No Passenger will be eligible for compensation if the ticket was issued for free or reduced
rate employee-industry travel.
d.
Transportation and Amenities for Passengers Denied Boarding.
When Cape Air
is unable to provide previously confirmed space due to an Oversold Flight (whether the
denied boarding is voluntary or involuntary), Cape Air will, at its election and in
collaboration with the Customer, arrange one of the following listed below. Except to the
extent provided by local or international laws, Cape Air shall not be liable beyond that
which is provided herein.
1. Cape Air Flight. Transport the Customer on the next Cape Air flight on which space
is available.
2. Substitute Carrier Flight. Reroute the Customer over the lines of another carrier with
whom Cape Air has agreements for such transportation.
3. Alternative Ground or Sea Transport. When other options via air are not available,
provide alternative transportation via ground or sea with vendors with whom Cape
Air has agreements for such transportation.
4. Refund. Refund the unused portion of the ticket, including the unused portion of the
fare, taxes and any prepaid optional services (regardless whether the ticket as
originally purchased is refundable or non-refundable), when no substitute
transportation is provided, or it is offered but unacceptable to the Customer.
5. Connections. In the event the Customer misses an onward connecting flight on
which space is reserved pursuant to an interline, codeshare, or airline partner
itinerary, Cape Air will arrange for substitute transportation.
6. Amenities. Additionally, amenities for protracted delays or irregularities necessitating
overnight stays may be offered at Cape Air’s discretion. Such amenities may include
lodging, meals, ground transport to access to lodging/meals, and/or special services
necessary to maintain the safety and welfare of certain Customers (such as qualified
individuals with a disability, unaccompanied minors, and the elderly).
e.
Limitation of Liability
Acceptance of compensation for voluntary or involuntary denied boarding in whatever
form constitutes full compensation for any and all damages arising as a result of Cape
Air’s failure to provide the Passenger with confirmed reserved space. By accepting such
compensation, the Customer will be deemed to have waived any and all claims or actions
against Cape Air in connection with Cape Air’s failure to provide such transportation.
Cape Air shall in no case be liable for punitive, consequential or special damages arriving
out of or in connection with Cape Air’s failure to provide the Passenger with confirmed
reserved space.
14. Substitute or Other Transportation
a.
Substitute Transportation
. In accordance with provisions within this Contract of
Carriage, particularly when it is necessary to mitigate Customer inconvenience due to
schedule changes or operational irregularities, Cape Air may arrange for and offer
substitute transportation on an alternate airline, or via an independent water or ground
transportation company. Such substitute transportation may or may not include other
non-air services such as accommodations or meals. In acceptance of such substitute
transportation or services, the Customer agrees that any such service is performed by
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independent operators. Anything done by an employee, agent or representative of Cape
Air in facilitating a Customer’s transportation by alternate means shall in no way make
Cape Air liable for the acts or omissions of such independent carrier. In making such
arrangements, regardless of the method or responsibility of payment therefor, Cape Air
acts only as the Customers’ agent in doing so and the terms and conditions of the third
party service provider will apply.
b.
Ground Transfer Service
. Cape Air may offer for sale and/or facilitate ground transfer
service as an extension of our flight schedule. Except where ground transfer service is
directly operated by Cape Air, it is agreed by the Customer accepting such transportation
that any such service is performed by independent operators. Anything done by an
employee, agent or representative of Cape Air in assisting the Customer in making
arrangements for such independent ground transfer service, regardless of the method or
responsibility of payment therefor, shall in no way make Cape Air liable for the acts or
omissions of such independent operator. No portion of the air transportation fare shall
be refundable in the event local ground services are not used by the Customer.
15. Screening of Customers and Baggage
Customers and baggage are subject to security screening which includes but is not limited to
security profiling, physical pat-downs and inspections, x-ray screening, manual bag searches,
questioning and the use of electronic, chemical or other detectors. This screening may occur
in the sole discretion of the government, airport or Cape Air and with or without the
Customer’s presence, consent or knowledge. Cape Air is not liable for any damage, loss,
delay or injury arising out of security screening.
16. Additional Limitations in Liability/Damages.
a.
Successive Carriers.
Carriage to be performed under one ticket by several successive
carriers is regarded as a single operation. A carriage does not lose its international
character merely because one portion of a single operation is to be performed entirely
within the territory of the same sovereign state.
b.
Warsaw/Montreal Convention Application
1. General. Carriage hereunder is subject to the rules and limitations relating to liability
established by the Warsaw Convention, including as amended, or the Montreal
Convention, including as amended, unless such carriage is not “international
carriage” as defined by either Convention, including as amended. Any provision of
these rules that is inconsistent with any provision of the Warsaw Convention or
Montreal Convention, as applicable, shall, to that extent, but only to that extent, be
inapplicable to international transportation.
2. Warsaw Convention. With respect to all international carriage or transportation
governed by the Convention for the Unification of Certain Rules Relating to
International Transportation by Air signed at Warsaw, October 12, 1929 or, where
applicable, that Convention as amended by the Protocol signed at the Hague on
September 28, 1955 (in either case, “the Warsaw Convention”), Cape Air agrees in
accordance with Article 22(1) of the Warsaw Convention that, as to all international
carriage or transportation hereunder as defined in the Convention:
a.) Cape Air shall not invoke the limitation of liability in Article 22(1) of the Warsaw
Convention as to any claim for recoverable compensatory damages arising under
Article 17 of other Warsaw Convention.
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b.) Cape Air shall not avail itself of any defense under Article 20(1) of the Warsaw
Convention with respect to that portion of such claim which does not exceed
113,100 Special Drawing Rights (SDR’s).
c.) Except as otherwise provided in the preceding paragraphs, Cape Air reserves all
defenses available under the Warsaw Convention to such claims. With respect to
third parties, Cape Air reserves all rights of recourse against any other person,
including without limitation, rights of contribution and indemnity.
d.) Cape Air agrees that subject to applicable law, recoverable compensatory
damages for such claims may be determined by reference to the law of the
domicile or permanent residence of the Passenger. NOTE: This section regarding
the Warsaw Convention shall expire as provided in the U.S. Department of
Transportation Order 97-1-2 and be replaced in accordance with any final action
or order of the Department entered in Docket OST-96-1607.
3. Montreal Convention. With respect to all international carriage or transportation not
governed by the Warsaw Convention or governed by the Convention for Unification
of Certain Rules for International Carriage by Air, done at Montreal, May 28, 1999
(“Montreal Convention”), the rules and limits of liability provided in the Montreal
Convention shall apply, and as to any claim whatsoever Cape Air waives no such
limits of liability and reserves all defenses available under the Montreal Convention to
such claims. With respect to third parties, Cape Air reserves all right of recourse
against any other person, including without limitation, the rights of contribution and
indemnity.
For the purpose of international carriage governed by the Montreal Convention, the
liability rules set out in the Montreal Convention are fully incorporated herein and
shall supersede and prevail over any provisions of this contract which may be
inconsistent with those rules.
4. Other Persons. Nothing herein shall be deemed to affect the rights and liability of
Cape Air with regard to any claims brought by, on behalf of, or in respect of any
person who has willfully caused damage which resulted in death, wounding, or other
bodily injury of a Passenger.
c.
Limitation of Liability.
Except to the extent the Warsaw or Montreal Conventions or
other applicable laws may otherwise require, or except as specifically otherwise provided
herein, the following limitations of liability apply:
1. Cape Air is not be liable for any death, injury, delay, loss or other damage
whatsoever (“damage”) to Passengers or unchecked baggage arising out of or in
connection with carriage or other services performed by Cape Air, unless such
damage is proven to have been caused by the sole negligence or willful misconduct
of Cape Air and there has been no contributory negligence on the part of the
Customer.
2. Cape Air will not be liable for any consequential, compensatory, indirect, incidental,
special or punitive damages arising out of or in connection with the performance of
its obligations under this Contract, whether or not Cape Air had knowledge that such
damages might be incurred.
3. There are no third party beneficiaries to this Contract.
4. Cape Air will not be liable for any damage arising out of compliance with any laws,
government regulations, orders, rules, requirements, and security directives, nor as a
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result of a Customer’s failure to comply with such items, or as a result of a
Customer’s reliance on advice provided by Cape Air regarding such items.
5. Services provided for international carriage are subject to the provisions and liability
limits of the Warsaw or Montreal Conventions. Application of these Conventions may
limit the liability of Cape Air and independent carriers in respect of death, injury or
delay of Passengers and for destruction, loss, damage or delay of baggage.
6. Any action brought pursuant to the Warsaw or Montreal Conventions is barred unless
commenced within 2 (two) years of the alleged occurrence.
7. Any limitations or exclusions of liability of Cape Air will apply to and be for the benefit
for Cape Air’s agents, employees, vendors and representatives acting within the
scope of their employment and also to any person whose aircraft is used by Cape Air
and its agents, employees or representatives within the scope of their employment.
8. Cape Air is not liable for the death or injury of a Customer not occurring on its own
operated flights. A carrier issuing a ticket for carriage over the lines of others does
so only as agent and is not liable for actions on the part of the operating carrier.
17. Consent to Use Personal Data
Upon booking a ticket for transportation, purchasing other services, or participating in any
Cape Air program or service (such as a loyalty program) the Customer authorizes Cape Air
and its affiliates (if any) and authorized agents to (i) collect, process, retain and use, and (ii)
transfer to third parties, including, but not limited to, subcontractors, agents, affiliates,
marketing partners, other carriers, and government agencies, for their use, processing and
retention, any and all personal data you provide when Cape Air believes in good faith that it
is in the interests of aviation security or that disclosure is otherwise necessary or advisable or
as Cape Air deems necessary to carry out any and all business purposes related to the
program or services being requested and/or in the promotion of other information, goods,
and services that may be of interest to you, including, but not limited to, the following
purposes: making a reservation; purchasing a ticket; participating in a loyalty program;
obtaining ancillary services, including accommodating special service requests; accounting,
billing and auditing; checking credit or other payment mechanisms; operating frequent flyer
programs; systems testing, maintenance and development; Customer relations; sales and
marketing; promotions for Cape Air and/or its affiliates goods and services and third party
goods and services; statistical analysis; developing and tailoring current and future services;
facilitating travel, including obtaining immigration, security, and customs clearance;
complying with applicable laws, regulations, government requests, law enforcement requests,
and/or valid court orders; providing data to third parties or governmental or law enforcement
agencies to comply with, or assist in the development of, security, safety, or health measures
for Passengers, baggage or cargo, or to provide for the prevention or detection of imminent
criminal acts or the apprehension or prosecution of offenders; protecting the legal rights of
Cape Air and/or its affiliates.
To the extent that Cape Air is subject to the laws of the European Union and Switzerland
when processing personal data (“Personal Data”) Cape Air shall be the “data controller”
under such laws. If you have made a flight booking with us but one or more flights or
services are to be provided by other airlines, then that other airline will also separately be
considered a “data controller.” Your Personal Data will be processed in accordance with the
applicable airline’s privacy policy and, if your booking is made via an industry agent/GDS,
with its privacy policy. These are available at http://www.iatatravelcentre.com/privacy or
from the airline or industry agent/GDS. This documentation applies to your booking and
specifies how your Personal Data is collected, stored, used, disclosed and transferred.
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If a Customer wants to learn more about Cape Air’s Privacy Policy, it may be viewed at
www.capeair.com. This policy is merely a statement of administrative protocol; it is not a
contract, nor is it made, or intended to be made, a part of this Contract of Carriage, nor does
it create any contractual or legal rights.
18. Remedies for Violation of Contract
When a ticket is purchased and used in violation of this Contract of Carriage or any fare rule
as filed with ATPCO, Cape Air has the right in its sole discretion to take all actions permitted
by law, including but not limited to, the following:
a. Invalidate the ticket;
b. Cancel any remaining portion of the itinerary;
c. Confiscate any unused flight coupons;
d. Refuse to board the Customer;
e. Require additional collection for the actual ticket value. This value is the difference
between the lowest fare applicable to the Customer’s itinerary and the actual fare paid;
f. For both Cape Air and partner loyalty programs, revoke benefits or accrued mileage in
Frequent Flyer accounts; and,
g. Take legal action with respect to the Customer.
19. Right of Cape Air to Change the Terms of the Contract
Cape Air reserves the right to change the terms of this contract, flight schedules, and fares
without notice; provided that no such change will apply to tickets issued prior to the effective
date of such change.
