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.
Appears in 5 contracts
Samples: Contract of Carriage, Contract of Carriage, Contract of Carriage
