Rule 13: Refusal to Transport
 

We may refuse you transport, have the right remove you from any aircraft at any point for the following reasons:

  1. BREACH OF OUR CONTRACT OF CARRIAGE.

    We may refuse you transport and have the right remove you from any aircraft for any failure to comply with the Rules of our Contract of Carriage.

  2. TO COMPLY WTH GOVERNMENT REQUEST OR REGULATIONS.

    We may refuse you transport and have the right remove you from any aircraft whenever necessary or advisable to comply with any governmental regulation, or governmental request for emergency transportation relating to the United States Department of Defense or other governmental entity.

  3. FOR FORCE MAJEURE EVENTS AND OTHER UNFORESEEABLE CONDITIONS.

    We may refuse you transport and have the right remove you from any aircraft whenever necessary or advisable due to weather or other conditions beyond our control.  These may include, for example, acts of God, strikes, civil commotions, embargoes, wars, hostilities, terrorist activities, or disturbances, whether actual, threatened, or reported.

  4. REFUSAL TO ALLOW A SEARCH OF YOURSELF OR YOUR PROPERTY.

    We may refuse you transport and have the right remove you from any aircraft if you refuse to allow any electronic screening or surveillance or other search of yourself or your property.

  5. LACK OF, OR REFUSAL TO PROVIDE, PROOF OF IDENTITY.

    We may refuse you transport and have the right remove you from any aircraft if you refuse our request to provide, or are unable to provide, personal identification that is satisfactory to us.  We may also refuse to transport you if your proof of identification does not match the name on the Ticket.  We have the right to require identification of persons purchasing Tickets and/or presenting Tickets to board an aircraft.

  6. FOR THE SAFETY AND COMFORT OF PASSENGERS AND CREW.

    We may refuse you transport and have the right remove you from any aircraft if:

    1. Your conduct is disorderly, abusive or violent;
    2. You are unable or unwilling to sit in your seat with the seatbelt fastened;
    3. You appear to be intoxicated or under the influence of drugs;
    4. You have any outstanding warrants for your arrest or you have a criminal history of violence, abuse or abusive behaviors;
    5. You:
      1. are incapable of completing a flight safely, without requiring extraordinary medical assistance during the flight;
      2. appear to have symptoms of or have a communicable disease or condition that could pose a direct threat to the health or safety of others on the aircraft; or
      3. refuse a screening for such communicable disease or condition.

        NOTE:  If you have symptoms of or have a communicable disease or condition that could pose a direct threat to the health or safety of others on the aircraft, we will require a medical certificate signed by your physician and dated within ten (10) days of your scheduled departure date stating that the disease or infection would not, under present conditions, be communicable to other persons during your flight.

    6. You fail to follow the instruction of our flight crew with respect to the manner or timing of use of carry-on baggage in the cabin of the aircraft.Some common prohibitions include:
      1. Cell phone use during the flight.
      2. Computer, laptop or tablet use during takeoff, turbulence and landing.
      3. Personal air purifiers and powered air filtration systems used or charged onboard.
      4. Portable humidifiers used or charged onboard.
      5. Electronic smoking devices used or charged onboard.
      6. Respiratory assistive devices plugged into onboard power sources.
      7. Any travel accessories which attach to aircraft seats, are inserted between the seats, or otherwise block access to seat rows or aisles.For example, this includes inflatable cubes, “bed boxes,” “leg hammocks,” and restrictive seat recline devices.
    7. You are mentally incapacitated.However, we will accept an escorted mentally incapacitated passenger (“Escorted Passenger”) under the following conditions:
      1. We receive written assurance from an acceptable medical authority that the Escorted Passenger can be transported safely;
      2. There will only be one Escorted Passenger on a flight;
      3. The flight is operated by Hawaiian or ‘Ohana by Hawaiian;
      4. The escort provides credible verbal assurances that:
        1. The Escorted Passenger will be accompanied at all times;
        2. The escort has physical control over the Escorted Passenger
        3. The Escorted Passenger does not possess or have access to any items that could be used as deadly or dangerous weapons; and
        4. The escort has adequate restraining devices if needed.
      5. You agree to comply with the following procedures and restrictions in the transport of the Escorted Passenger:
        1. The Escorted Passenger will be boarded first and deplaned last and will be seated in the rear-most available seats.The escort must be seated between the Escorted Passenger and the aisle.Escorted Passengers may not be seated in a window exit row, nor in the row before or after the window-exit row, and may not be seated in a row opposite a door exit.
        2. The Escorted Passenger must remain in the control of the escort and the escort must ensure that the Escorted Passenger is not carrying any matches.
        3. We will not provide any food, beverage, or utensils to the Escorted Passenger without the express authorization of the escort.We will not provide or serve, nor shall the escort or Escorted Passenger drink, any alcoholic beverages while on board the aircraft.
    8. You have a foul or offensive body odor not attributable to a disability or illness.
    9. You wear, or possess on or about you, any concealed or unconcealed deadly or dangerous weapons, provided however that we will carry law enforcement personnel who meet the qualification and conditions who meet the qualifications and conditions established in 49 C.F.R. §1544.219.
    10. You are manacled or in the custody of law enforcement personnel
    11. You are an Escorted Passenger and have resisted your escort in the past, or are believed to be capable of resisting your escort.
    12. You have misrepresented a medical or other condition currently or in the past, which would make you unacceptable for passage.
    13. You are pregnant or have very recently given birth and do not meet the following requirements:
      1. For travel wholly within the State of Hawaii.You must not be within seven (7) days of your projected due date or within seven (7) days following your delivery date, unless you provide a medical certificate from your obstetrician dated not more than three (3) days prior to your travel date stating that you are fit for travel.
      2. For travel between the State of Hawaii and the Continental USA.You must not be in your ninth month of pregnancy unless (a) you are examined by your obstetrician within 48 hours of your departure date and (b) your obstetrician provides written certification that you are medically fit to travel.A current medical certificate is also required if your scheduled travel date is within seven (7) days after your delivery date.

        NOTE: IN ALL CASES, WE RESERVE THE RIGHT TO CONSULT WITH OUR MEDICAL ADVISOR AND DENY YOU TRAVEL UNLESS THEY PROVIDE A ‘FITNESS TO TRAVEL’ OPINION. 

    14. You do not meet Hawaiian’s standards for dress and attire as follows:
      1. Clothing must cover the upper part of the torso.Tank tops, tube tops and halter tops are allowed.
      2. Clothing must cover the lower part of the torso.Shorts are allowed.Speedos and bikini bottoms are not allowed.
      3. Footwear is required for safety reasons unless you are unable to do so because of a disability or physical condition that prevents you from wearing footwear.
      4. Clothing must not be lewd, obscene or patently offensive to others.

        NOTE: IF YOU ARE REFUSED TRAVEL OR REMOVED FROM ANY OF OUR AIRCRAFT FOR REASONS SET FORTH IN SECTION (A), (D), (E) OR (F) OF THIS RULE 13, WE MAY, IN OUR DISCRETION BAN YOU FROM ANY FUTURE TRAVEL ON OUR AIRLINES.

  7. LIABILITY.

We are not liable for refusing to transport you or for removing you from any aircraft for any of the reasons provided in this Rule 13.  However, we will refund you in accordance with Rule 24: Refunds in such cases upon your request.