Conditions of Carriage
Notice to Cayman Airways passengers
Your ticket and the following Conditions of Carriage constitute the contract between you, the passenger, and Cayman Airways, Ltd. and apply to all transportation provided by Cayman Airways between International points. Cayman Airways is responsible for transportation on flight segments operated by Cayman Airways.
Cayman Airways will act as an agent to issue tickets, check baggage, and book reservations for transportation via other carriers which have interline agreements with Cayman Airways. Other carriers may have different terms and conditions applicable to their flights. These may be obtained directly from the other carriers.
DEFINITIONS
As used in this contract, ticket means your passenger ticket and baggage check which incorporates these Conditions of Carriage.
Baggage
Such articles, effects and other personal property as are necessary or appropriate for your wear, use, comfort or convenience in connection with your trip, whether checked in the cargo compartment or carried in the passenger compartment of the aircraft.
Ticket Office
A ticket sales location of Cayman Airways, Ltd. or the office of one of its appointed travel agents.
Gratuitous Carriage
If we are providing you gratuitous transportation, we reserve the right to exclude the application of all or any part of these Conditions of Carriage to your transportation. You agree to be bound by these terms except to the extent that we choose to exclude them from application to your travel.
VALIDITY OF A TICKET
Unless your ticket indicates otherwise, tickets are valid for transportation for one year from date of initial use, or if unused, for one year from date of purchase.
A Ticket will be valid only for the flight(s) for which reservation(s) shall have been made, and only between the points named on the ticket or applicable flight coupons. A passenger holding an used open-date ticket or portion thereof or miscellaneous charges order for onward travel, or who wishes to change his/her ticketed reservation to another date, shall not be entitled to any preferential right with respect to the obtaining of a reservation.
FARE CHANGES
The price of transportation is printed on each ticket. You must abide by the fare rules of the fare purchased, including minimum and maximum stay, penalty fees for changing or exchanging a ticket, refundability, etc. After ticketing, fares are guaranteed and if there is an increase in the price for the transportation, an additional collection will not be assessed except for any segments where you change your flight to a different time, date or routing from that shown on your ticket, depending on the rules of the fare purchased. Should a fare decrease after ticketing for the same time, date, and routing, no refund will be issued on non-refundable fares.
SCHEDULES, DELAYS AND CANCELATIONS
Cayman Airways will endeavor to carry you and your baggage with reasonable dispatch, but times shown in timetables or elsewhere are not guaranteed and form no part of this contract. Cayman Airways may, without notice, substitute alternate carriers or aircraft and, if necessary, may alter or omit stopping places shown on the ticket. Schedules are subject to change without notice. Cayman Airways is not responsible for or liable for failure to make connections or to operate any flight according to schedule or for a change to the schedule of any flight. Under no circumstances shall Cayman Airways be liable for any special, incidental or consequential damages arising from the foregoing.
OVERSOLD FLIGHTS:
In the event of an oversold flight, Cayman Airways will initially request passengers to volunteer for denied boarding. If there are an insufficient number of volunteers, passengers will be involuntary denied boarding in accordance with the following order of priority:
(1) Employees of other airlines, their immediate families, and industry related employees traveling on 50% discount tickets
(2) Passenger and cargo sales agents traveling on 75% discount tickets.
(3) Employees of KX and their immediate families on 50%discount tickets.
(4) Passengers with any fare less than normal economy class fare.
(5) Group passengers including tour conductors.
(6) Passengers with normal economy class fares.
(7) Passengers with First Class fares.
THE FOLLOWING PASSENGERS NORMALLY WILL NOT BE DENIED BOARDING:
(1) Families traveling with children under the age of 2 years.
(2) The elderly invalids or disabled persons.
(3) Unaccompanied minors.
(4) Personal emergency.
CONDITIONS FOR PAYMENT OF COMPENSATION
The following must be met:
(A) Passenger holding a ticket for confirmed reserved space presents himself/herself for carriage at the appropriate time and place, having complied fully with requirements as to ticketing and check-in. (Check-in at least 60 minutes prior to departure.)
B) The flight for which the passenger holds confirmed reserved space is unable to accommodate the passenger and departs without him/her except as provided below:
The passenger will not be eligible for compensation if the flight upon which the passenger holds confirmed reserved space is unable to accommodate him/her because of substitution of equipment or lesser capacity when required by operational and or safety reasons.
Passenger is accommodated on the flight for which he/she holds confirmed reserved space, but is offered accommodations or is seated in a compartment of the aircraft other than that specified on his/her ticket at no extra charge, provided that a passenger seated in a section for which a
lower fare is charged shall be entitled to an appropriate refund.
Cayman Airways will arrange comparable air transportation, or other transportation used by the passenger at no extra cost to the passenger, that at the time such arrangements are made is planned to arrive at the passengers next stopover, or if none, final destination within one hour after the scheduled arrival time of the passenger’s original flight or flights. Unless the passenger is traveling on Employee’ s or on an industry reduced rate ticket, in which case no compensation will be given.
AMOUNT OF COMPENSATION PAYABLE FOR DENIED BOARDING
Cayman Airways will provide for compensation to be paid to a passenger denied boarding involuntarily at a rate of 200 percent of the sum of the passenger’s remaining flight coupons up to the passenger’s next stopover or, if none, to his/her destination, with a USD 400.00 maximum.
EXCEPTION: If Cayman Airways arranges for comparable air transportation used by the passenger which at the time such arrangements are made, is planned to arrive at the passenger’s next point of stopover or destination not later than 4 hours after the time of the service on which the passenger held confirmed space, the compensation will be on 50 percent of the amount specified above with a USD 200.00 maximum.
A transportation voucher will be made by the carrier on the day and place the denied boarding occurs. Provided, however, that when Cayman Airways arranges for the passenger’s convenience, alternative means of transportation which departs prior to the time such tender can be made by mail or other means within 24 hours after the time the failure occurs. If the transportation voucher is accepted, I.E. used by the passenger, it shall constitute full compensation and liquidated damages for all actual or anticipatory damages incurred or to be incurred by the passenger as a result of carrier’s failure to provide the passenger with confirmed reserved space and carrier shall have no further liability to the passenger in respect thereof. The transportation voucher will be valid for one year, from date of issuance.
ACCEPTANCE OF PASSENGERS
REFUSAL TO TRANSPORT
Cayman Airways will refuse to carry, cancel the reserved space of, or remove en route any passenger:
(A) When such action is necessary for reasons of safety:
(B) When such action is necessary to prevent violations of any applicable laws, regulations, or orders of any state or country to be flown from, into or over;
(C) When the conduct, age, status or mental or physical condition of the passenger is such as to:
(I) Require special assistance of Cayman Airways; or
(II) Cause discomfort or make himself objectionable to other passengers; or
(III) Involve any hazard or risk to himself or to other persons or to property
(D) When the passenger refuses on request to produce positive identification.
(E) When the passenger refuses to permit search of his person or property for explosives or a concealed, deadly or dangerous weapon or article.
If question arises of any aircraft being overloaded Cayman Airways shall decide which passengers or articles will be carried. Denied Boarding will be done, as specified above.
CARRIAGE OF HANDICAPPED PASSENGERS
Cayman Airways will accept the right of a passenger with a disability to determine his or her own self-reliance.
CONDITIONAL ACCEPTANCE
Conditional acceptance for carriage if a passenger, whose status, age, mental, or physical condition is such as to involve any hazard or risk to himself is carried. Cayman Airways shall not be liable for any injury, illness or disability, or any aggravation or consequence thereof, including death caused by such status.
UNACCOMPANIED MINORS
Cayman Airways will accept on-line unaccompanied minors only. An unaccompanied minor is a child 5 through 11 years of age, traveling alone. Cayman Airways does not accept children under 5 years of age to travel unaccompanied.
REFUNDS
General Refunds
If you decide not to use your ticket, and unless the ticket specifies otherwise, Cayman Airways will as follows:
If the ticket is totally unused, the full amount paid will be refunded. However, an administrative service charge of USD 10.00 or refund penalty up to the full amount paid may be assessed if applicable, according to the fare rules used.
If the ticket is partially used, the refund will be the difference between the fare paid and the fare for the transportation actually used as determined by the applicable rules.
In addition, if the ticket to be refunded is no longer valid for transportation, an administrative service charge will be assessed upon refund of the ticket. This service charge will be collected by deducting the applicable service charge from the amount which otherwise would be refunded. Tickets will be refunded only to the person named on the ticket as passenger, except that:
a. Tickets purchased with a credit card will be refunded only as a credit to the credit card account,
b. Tickets issued against a prepaid ticket advice will be refunded only to the purchaser, and
c. Tickets issued against a government transportation request will be refunded only to the government agency which issued the transportation request.
Once travel has commenced, refund requests for lower fares will not be honored.
Refunds should be requested directly from Cayman Airways at the following address:
Cayman Airways, Ltd.
Passenger Refunds
P.O.BOX 10092
George Town, Grand Cayman KY1-1001
Note: If your ticket was issued by a Travel Agency, you need to request the refund through them.
Involuntary Refunds
In the event the refund is required because of Cayman Airways failure to operate on schedule or refusal to transport, the following refund will be made directly to you -
1. If the ticket is totally unused, the full amount paid (with no service charge or refund penalty),
or
2. If the ticket is partially used, the applicable fare for the unused segment(s).
Cayman Airways shall not be obligated to refund any portion(s) of a ticket which does not reflect a confirmed reservation on a Cayman Airways flight involved in a schedule irregularity, unless such ticket was issued by Cayman Airways.
Whether the refund is voluntary or involuntary, Cayman Airways reserves the right to refuse to make any refund in a currency other than the currency of purchase or in a country other than country of purchase.
BAGGAGE
FREE BAGGAGE ALLOWANCE:
ADULTS/FARE PAYING CHILDREN:
Between USA and the Cayman Islands and within the Cayman Islands:
COACH CLASS 2 Pieces Maximum 55 LBS and L-W-H Maximum 62 inches.
BUSINESS CLASS 3 PIECES Maximum 55 LBS and 62 L-W-H inches.
APPLICABLE WITHIN THE CAYMAN ISLANDS FOR PROPELLER SERVICE ONLY.
1st bag not to exceed 62 inches
2nd bag not to exceed 55 inches
The combined total weight of the 2 pieces cannot exceed 55 lbs.
The longest side on any piece cannot exceed 45 inches.
In addition one carry on provided it does not exceed 15 lbs.
If travel is on the JET with transfer to the Propeller the most restrictive baggage allowance applies
EXCESS BAGGAGE CHARGES
WITHIN THE FREE NUMBER OF PIECES ALLOWED
Less than 63 linear inches between 56-70 Lbs $ 50.00
Less than 63 inches and between 71-99 LBS $175.00
Over 99 pounds Not Permitted
EXCESS CHARGES - IN EXCESS OF THE FREE ALLOWED.
Quantity
Additional Bag up to 55 pounds (excess bag 3-5) $100.00
Additional bag up to 55 pounds (excess bag 6-8) $200.00
Additional bag (excess over 8) Not Permitted
All additional articles will be referred to Air Freight
Fees and charges for Weight and Quantity are cumulative.
Size
63-80 inches – (length+height+width) up to 55 pounds $100.00
63-80 inches- (length +height+width) up to 70 pounds $150.00
63-80 inches (length+height+width) up to 99 pounds $225.00
Over 80 inches – (length+height+width) Not Permitted.
CAYMAN AIRWAYS LTD assumes no responsibility for loss, damage or delayed delivery of transferred baggage not acceptable for transportation by Cayman Airways as checked baggage.
Items damaged as a result of items contained in checked or transferred baggage, items accepted by Cayman Airways pursuant to the execution of a release form and (including but not limited to) any of the following items, regardless whether Cayman Airways knew or should have known of the presence of such items in checked, transferred, or unchecked baggage:
Antiques, artifacts, artwork, books and documents, china, silverware, computers and related components, computer software, other electronic equipment and related components, CD’s, DVD’s, MP3/4’s, I Pod’s, cell phones, electronic games, medicines, heirlooms, liquids, fragile items, furs, binoculars, perfumes/colognes, medical equipment, mechanical items, tools, eyeglasses and other eyewear/devices, liquor, legal tender, orthodontics, surgical supports, perishable items, photographic (video and optical equipment), precious metals, stones or jewelry, securities and negotiable papers, unique or irreplaceable items or any other similar valuable items, or items carried in the passenger compartment of the aircraft.
If any such items are lost, damaged or delayed, you will not be entitled to any reimbursement under Cayman Airways standard baggage liability, or under any declared excess valuation. The above items should be packed in carryon luggage.
CAYMAN AIRWAYS LTD assumes no liability for articles carried in the passenger cabin.
CAYMAN AIRWAYS LTD assumes no liability for minor damage such as scratches, scuffs, stains, dents, cuts and dirt resulting from normal wear and tear, or manufacturer’s defects.
CAYMAN AIRWAYS LTD assumes no responsibility for damage to or loss of protruding baggage parts such as wheels, straps, pocket, pull handles, hanger hooks or other items attached to the baggage.
CAYMAN AIRWAYS LTD assumes no liability for any indirect, consequential, incidental, punitive or special damages resulting from loss, damage or delayed delivery of checked or transferred baggage, including, without limitation to damages for lost revenue or profits, loss of use or business interruption. Please note that boxes are considered inadequate packing and are covered for loss only.
Baggage liability is covered under the Warsaw Convention or the Montreal Convention depending on the route of travel. Where the Warsaw Convention applies, such liability is limited to US9.07 per pound ($20.00 per kilogram) based on the weight of the bag. If un-weighed, a maximum liability of US634.90 exists on each piece of checked baggage. Baggage covered under the Montreal Convention is reimbursed at the maximum value of 1000 SDR’s (approximately US1400) per bag. All baggage irregularities including damage should be reported to the Cayman Airways airport baggage representative prior to exiting the
Customs/Baggage Claim area.
In the case of lost or damaged baggage Cayman Airways will evaluate and settle claims in accordance with published tariff regulations governing travel. Interim expenses reimbursed will be deducted from final settlement if we are unable to restore baggage to the owner and payment for loss is being made.
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Department of Tourism