- Full Text
- Rule 1: Definitions
- Rule 2: General Provisions Privacy
- Rule 3: Reservations and Ticketing
- Rule 4: Cancellation of Reservations
- Rule 5: Tickets and Coupons
- Rule 6: Fares
- Rule 7: Acceptance of Checks
- Rule 8: Disabled Passengers
- Rule 9: Wheelchairs and Other Mobility Devices
- Rule 10: Service Animals
- Rule 11: Screening of Passengers and Baggage
- Rule 12: Acceptance of Children and Infants
- Rule 13: Refusal to Transport
- Rule 14: No Smoking
- Rule 15: Codeshare Flights
- Rule 16: Interline Transportation
- Rule 17: Carry-On Baggage
- Rule 18: Checked Baggage
- Rule 19: Acceptance of Dogs, Cats and Birds for Travel
- Rule 20: Liability and Claims
- Rule 21: Flight Delays, Changes, and Cancellations
- Rule 22: Denied Boarding Compensation
- Rule 23: Rerouting
- Rule 24: Refunds
- Rule 25: Customer Relations
- GENERAL PROVISIONS.
- The rules contained in this Contract of Carriage constitute the terms and conditions upon which Hawaiian agrees to provide Domestic transportation to any passenger (you), and they are expressly agreed to by you.
- This Contract of Carriage is subject to all applicable laws, regulations, rules, and security directives imposed by any governmental agencies including, but not limited to, those imposed during or because of a national emergency, war, civil unrest or any terrorist activity (together, “Government Laws”). In the event of a conflict between any rules contained in this Contract of Carriage and any Government Laws, the Government Laws shall prevail.
- We are responsible for the furnishing of transportation for you and your baggage only on the flights we operate. We are not liable or responsible for the acts or omissions of any other carrier, even if we, as an agent of another carrier, have issued a Ticket, checked baggage, or made any other arrangements or provided any other services for transportation on flights operated by any other carrier.
- No employee, agent or representative of Hawaiian has the authority to alter, modify or waive any fare rules or provision of the Contract of Carriage unless authorized by a corporate officer of Hawaiian.Hawaiian’s appointed agents and representatives are only authorized to sell Tickets for air transportation pursuant to approved fares, rules, and regulations of Hawaiian.
- Hawaiian’s obligations under the rules of this Contract of Carriage apply only to you, the ticketed passenger. There are no third-party beneficiaries to these rules.
- All transportation is subject to the Contract of Carriage and charges in effect on the date on which the Ticket is issued, except as may otherwise be provided within specific fare rules. Any references to the rules of this Contract of Carriage are coterminous and include revisions and supplements to, and reissues of, the Contract of Carriage.
- If your Ticket has been purchased and issued before the effective date of an increase in the fare related to your travel, the increase in the fare will not be collected provided there is no change in the Origin, Destination, Stopover point(s), flight(s) or dates shown on the original Ticket. These provisions apply whether the increase results from a change in the fare level, a change in conditions governing the fare or a cancellation of the fare itself.
- Our conditions of carriage, rules and fares are subject to change without notice, unless prohibited by law.However, no such change shall apply to any Tickets issued prior to the effective date of any such change.
- Any times stated in published timetables or elsewhere are not guaranteed.We may, without notice, substitute alternate carriers or aircraft, and may alter or omit stopping places shown on the Ticket in case of necessity. Schedules are subject to change without notice. We are not responsible or liable in any way for failing to operate any flight according to schedule, or for changing the schedule of any flight, even if, as a result, you suffer any losses.
- We reserve the right to cancel Tickets issued with an erroneous fare due to a technical failure or mistake including, for example, a fare filing error, computer error or third-party error (either human or mechanical). We do not intend to publish fares that are erroneous or are reasonably apparent as erroneous. Essentially, such fares do not make any economic sense. Although we have warning mechanisms to try to prevent such occurrences, we occasionally publish mistaken fares.Where an erroneous fare has been published and a Ticket has been issued at the erroneous fare, we will void the Ticket and notify you that the Ticket has been cancelled (i) within 72 hours of becoming aware of erroneous fare, or (ii) at least 24 hours prior to your scheduled departure time in cases where the Ticket is purchased less than 72 hours before the scheduled departure from the point of origin. In this event, we will provide a refund of the total cost of your Ticket purchased at the erroneous fare.
- We may charge you for, or seek reimbursement of, any damages, repairs and/or cleaning costs incurred because of your actions or the actions of your Service Animal or Support Animal.
- The invalidity of any provision of this Contract of Carriage by local law shall not affect the validity of any other provision of this Contract of Carriage, which shall remain in full force and effect.
- We will not be liable for any compensatory, consequential, or punitive damages arising out of or relating to the performance of our obligations under this Contract of Carriage, except where otherwise stated any limitation would expressly violate any applicable law.
- All fares and charges for domestic travel are expressed in the lawful currency of the United States.
- PRIVACY.
Upon booking a Ticket for transportation, purchasing other services, or participating in any Hawaiian program or service such as HawaiianMiles, you hereby authorize Hawaiian and its affiliates 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 we believe in good faith that it is in the interests of aviation security or that disclosure is otherwise necessary or advisable, or as we deem necessary or advisable 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; purchasing cargo services; participating in HawaiianMiles services; 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 Hawaiian 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; and protecting the legal rights of Hawaiian and/or its affiliates.
If a passenger wants to learn more about Hawaiian’s Privacy Policy, it may be viewed at www.hawaiianairlines.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.
- EMERGENCY SITUATIONS.
Every one of our pilots in command of a flight has authority to exercise their judgment depending on the circumstances, to declare and take any action necessary to respond to any emergency situation which may arise, in compliance with Federal Regulations.
If you require emergency medical attention on one of our flights, our flight crew has a set of procedures that they will follow. As part of those procedures, they will request the assistance of any qualified medical person (physician, nurse, physician's assistant, EMT) on-board the aircraft. They will also make the on-board medical emergency kit available, and the pilot in command will utilize on-board communications equipment to obtain additional medical support and assistance.
Hawaiian has contracted with a medical advisory group MedAire for MedLink services. MedLink allows pilot-to-physician phone contact from anywhere in the world. When contacted by the cockpit crew, the advising physician will help to provide the appropriate treatment instructions.
If the medical emergency occurs while the aircraft is still on the ground, we will request that air traffic control provide expedited taxi clearance to the terminal or dispatch the airport's emergency response medical staff to the airplane depending on the circumstances.
If the medical emergency occurs during flight, MedAire will assist in determining whether a flight diversion is necessary. If the pilot in command decides to divert the flight, an emergency may be declared. In that event, MedAire, the flight crew and other parties will determine what other actions to take to provide emergency medical assistance. MedAire can also arrange for emergency transport to a medical facility capable of treating your condition if necessary.