This Web site is offered to the user conditioned on acceptance by the user ("User" or "you") without modification of the terms, conditions, and notices contained herein. By accessing and using this Web site, the User agrees to be bound to all such terms, conditions, and notices (the "Agreement").
Last updated: May 25, 2018
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.capeair.com website (the "Service") operated by Hyannis Air Service d/b/a Cape Air ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Purchases
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.
Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Hyannis Air Service d/b/a Cape Air and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Hyannis Air Service d/b/a Cape Air.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Hyannis Air Service d/b/a Cape Air
Hyannis Air Service d/b/a Cape Air has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Hyannis Air Service d/b/a Cape Air shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless Hyannis Air Service d/b/a Cape Air and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Hyannis Air Service d/b/a Cape Air, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Hyannis Air Service d/b/a Cape Air its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Massachusetts, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 60 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Contact Us
If you have any questions about these Terms, please contact us.
Use of capeair.com
User represents and warrants that he or she possesses the legal right and ability to enter into this Agreement and to use this Web site in accordance with all terms and conditions herein. User agrees to be financially responsible for all use of this Web site. User agrees not to assign, transfer or sublicense User rights pursuant to this Agreement. The reservation features of this Web site are provided solely to permit User to determine the availability of travel related goods and services and to make legitimate reservations or otherwise transact business with suppliers, and for no other purposes. Without limitation, User shall not make any speculative, false or fraudulent purchase or reservation, or any reservation in anticipation of demand. In the event Cape Air determines that an individual has confirmed such reservations to one or more destination(s) on or about the same date(s), Cape Air reserves the right to cancel all confirmed space associated with the multiple reservations without notice to the passenger or the person making the booking. User agrees that the reservation features of this Web site shall be used only to make legitimate reservations or purchases for User. User agrees to abide by the terms or conditions of purchase imposed by any supplier with whom User elects to deal including, but not limited to, payment or redemption of all amounts when due and compliance with all rules regarding availability of fares, products or services. User shall be completely responsible for all charges, fees, duties, taxes and assessments arising out of the use of this Web site.
This Web site is for the User's personal, noncommercial use only. User agrees not to modify copy, alter, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Web site without Cape Air’s prior written permission. User agrees not to use any robot, spider, other automatic device, or manual process to monitor or copy this Web site or the content contained therein or for any other unauthorized purpose without Cape Air’s prior written permission. User agrees not to use any device, software or routine to interfere with or attempt to interfere with the proper working of this Web site or any activities conducted on this site. User agrees not to take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Cape Air reserves the right to investigate any illegal and/or unauthorized use of this Web site, including, but not limited to, unauthorized framing of this Web site or unauthorized use of any robot, spider or other automated device, and to take appropriate legal action, including, without limitation, civil, criminal and injunctive redress.
Use of Information
See the Cape Air Privacy Policy for information about our online privacy and security practices.
Any communications you send to this Web site or otherwise to Cape Air by electronic mail are on a non-confidential basis, and Cape Air is under no obligation to refrain from reproducing, publishing or otherwise using them in any way for any purpose. Cape Air shall be free to use the content of such electronic mail communications, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose, including the developing, manufacturing and/or marketing of goods or services.
The information provided on this Web site is provided solely for the reference purposes of users and should not be relied upon in connection with any investment decision.
General
Transportation of passengers, baggage and cargo by Cape Air is subject to the terms and conditions contained in Cape Air’s Contract of Carriage, in addition to any terms and conditions specified on any Internet site, printed on or in a ticket jacket, ticket receipt, or in any published schedule. By purchasing a ticket and accepting transportation, the passenger agrees to be bound by such terms and conditions. Other services and products described in this Web site will also be subject to terms and conditions, details of which may be obtained from Cape Air or its service provider (as applicable).
Cape Air reserves the right to make any and all changes to this Web site at its sole discretion without notice to the User. Cape Air reserves the right to deny access to this Web site to anyone at anytime. This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this Web site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.
This Agreement is governed by the laws of the State of Massachusetts, U.S.A., without reference to conflicts of laws provisions. User consents to the exclusive jurisdiction and venue of courts in Barnstable County, U.S.A. in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
Any rights not expressly granted herein are reserved.
Aviation Consumer Protection Division of the Department of Transportation:
To contact the Aviation Consumer Protection Division (ACPD) of the Department of Transportation (DOT) for complaints and comments about airline service other than safety or security issues:
Call the APCD 24 hours a day:
202-366-2220 (TTY 202-366-0511). Calls are returned Mon-Fri between 7:30am-5:00pm Eastern time.
Write:
Aviation Consumer Protection Division, C-75
U.S. Department of Transportation
1200 New Jersey Ave S.E.
Washington, DC 20590
