User Agreement

 

capeair.com Terms, Conditions and Legal Notices

 

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").

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.

Copyright and Trademark Notices

All content of this Web site is the sole and exclusive property of Cape Air and/or its business partners, as appropriate.

 “Cape Air”, “Nantucket Airlines”, “MOCHA HAGoTDI” and any other names or marks of Cape Air referenced on this Web site are service marks or registered service marks of Hyannis Air Service, Inc. Unless otherwise indicated, all service marks, trademarks, and logos, whether registered or not, as well as trade dress, located at the Web site are the sole and exclusive property of Hyannis Air Service, Inc. Other product and company names mentioned herein may be the trademarks of their respective owners.

Liability Disclaimer

The information, software, products, and services published on this Web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Cape Air and/or its suppliers may make improvements and/or changes in this Web site at any time. Cape Air and/or its suppliers make no representations about the suitability of the information, software, products, and services contained on this Web site for any purpose. All such information, software, products, and services are provided “as is” without warranty of any kind. Cape Air and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Cape Air and/or its suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this Web site or with the delay or inability to use this Web site, or for any information, software, products, and services obtained through this Web site, or otherwise arising out of the use of this Web site, whether based on contract, tort, strict liability or otherwise, even if Cape Air and/or any of its suppliers has been advised of the possibility of damages. Because some States/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Links to Third Parties' Web sites

This Web site may contain links and pointers to Internet sites maintained by third parties. Cape Air does not operate or control in any respect any information, products or services on such third-party sites. Third party links and pointers are included solely for the convenience of users, and do not constitute any endorsement by Cape Air and/or its suppliers. User assumes sole responsibility for use of third party links and pointers.

Software Available on This Web Site

Please note that all software, including without limitation all HTML code and Active X controls contained in this Web site, is owned by Cape Air and/or its suppliers and is protected by intellectual property and other laws, including without limitation copyright laws and international treaty provisions. Any reproduction or redistribution of the software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

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.

Indemnity

As a condition of use of this Web site, the User agrees to indemnify Cape Air and its suppliers from and against any and all liabilities, expenses (including attorney's fees) and damages arising out of claims resulting from User's use of this Web site, including without limitation any claims alleging facts that if true would constitute a breach by User of these terms and conditions.

Use of Bulletin Board, Chat Rooms, Surveys and Other Communications Forums

To the extent that this Web site contains bulletin boards, chat rooms, survey or other communication facilities (“forums”), the User agrees to use such forums only to send and receive messages and material that are proper and related to the particular forum. By way of example, and not as a limitation, the User agrees that when using a forum, the User shall not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless the User owns or controls the rights thereto or has received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
  • Falsify the origin or source of software or other material contained in a file that is uploaded.
  • Advertise or offer to sell any goods or services, or engage in surveys, contests, chain letters or for any commercial purpose.
  • Download any file that the User knows, or reasonably should know, cannot be legally distributed via this Web site.

User agrees to (as available) send and receive electronic mail, engage in conferences and chats, download and upload files, and otherwise use this Web site only as permitted by these terms and conditions, any additional policies or procedures published in this Web site from time to time by Cape Air, and applicable law. Cape Air reserves the right for any reason to remove without notice any contents of this Web site received from users, including without limitation bulletin board postings. Cape Air reserves the right to deny in its sole discretion any user access to this Web site or any portion thereof without notice. Cape Air reserves the right to edit any notices or postings for clarity and length. The User acknowledges that chats, conferences, bulletin boards and any other such communications forums hosted by this Web site are public and not private communications. Further, the User acknowledges that chats, postings, conferences, and other communications by other users are not endorsed by Cape Air, and such communications shall not be considered reviewed, screened, or approved by Cape Air.

Geographic Restrictions

Cape Air is based in the United States.  We provide this web site for use only by persons located in the United States.  We make no claims that the web site or any of its content is accessible or appropriate outside the United States.  If you access the web site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. 

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