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Contract of Carriage : Rule 35

Refusal to Transport

  1. Government Request or Regulations
    Whenever such action is necessary to comply with any governmental regulation, or governmental request for emergency transportation in connection with the Department of Defense, or whenever necessary or advisable by reason of weather or other conditions beyond of its control (including, but without limitation acts of God, force majeure, strikes, civil commotion's, embargoes, wars, hostilities, or disturbances) actual, threatened or reported.
  2. Search of Passenger of Property
    A passenger who refuses to permit search of his/her person or property for explosives or concealed, deadly or dangerous weapon/article.
  3. Proof of Identity
    Who refuses on request to produce acceptable form of identification.

    Note: The carrier has the right to require identification of persons purchasing tickets and/or presenting a ticket(s) to board any aircraft.
  4. On any Hawaiian Airlines Flight
    Hawaiian Airlines reserves the right to refuse transportation on any Hawaiian Airlines flight to:
    1. Persons whose conduct is disorderly, abusive or violent.
    2. Persons who are unable to sit in the seat with the seatbelt fastened.
    3. Persons who appear to be intoxicated or under the influence of drugs.
    4. Persons with a communicable disease or infection which has been determined as such by the U.S. Surgeon General, The Center of Disease Control, or other Federal Health authority. The carrier will accept such qualified disabled individuals if presented a medical certificate is presented from the passenger's physician saying that the disease or infection would not, under present conditions, be communicable to other persons during the course of a flight and dated within ten (10) days of the date of the flight for which it is presented.
    5. Persons who are mentally incapacitated. However, the carrier will accept escorted mental patient under the following conditions:
      1. The requesting medical authority furnishes assurance, in writing, that an escorted mental patient can be transported safely.
      2. Only one escorted mental patient will be permitted on a flight.
      3. Acceptance is for online travel only.
      4. The escort assures that:
        1. The escorted passenger will be accompanied at all times.
        2. The escorted passenger does not possess or have access to articles that could be used as deadly or dangerous weapons.
        3. The escort has adequate restraining devices if needed.
      5. The following specific procedures for the transportation of escorted mental patients must be complied with:
        1. Escorted mental patients will be boarded first and deplaned last. They will be seated in the rear-most available seats with the escort seated between the escorted passenger and the aisle. Escorted mental patients will not be seated in a row with, behind or forward of a window exit, or in a row or opposite a door exit.
        2. The escorted mental patients will be restrained from moving about aloft or on the ground. The passenger will not be allowed to smoke and the escort must ensure that all matches are removed from the passenger before boarding.
        3. No food, beverage, or metal utensils will be provided the escorted passengers unless specifically authorized by the escort. Neither the escort nor the escorted passenger will be served, nor will they drink, alcoholic beverages while on board the aircraft.
    6. Persons who have an offensive body odor not attributable to a disability or illness.
    7. Persons who wear or have on or about their persons concealed or unconcealed deadly or dangerous weapons, provided however that the carrier will carry the passengers who meet the qualification and conditions established in F.A.R. 108.11.
    8. Manacled persons in custody of law enforcement personnel or persons who have resisted escorts, or may be believed to be capable of resisting escorts.
    9. Passengers requiring constant oxygen or other life support equipment.
    10. Persons who have misrepresented a condition, which is unacceptable for, passage.
    11. Pregnant passengers will be accepted for travel following the guidelines below, provided they are in good health and not experiencing distress. Hawaiian Airlines reserves the right to consult with its medical advisor for fitness to travel. Passengers who are unable to meet these requirements will be refused transportation.
      1. For travel wholly within the State of Hawaii, travel is not permitted within seven days before and seven days after delivery date. A medical certificate is required if travel is requested within seven days before or after delivery.
      2. For travel between Hawaii and the Continental USA, travel is not advised within 30 days of due date and will not be permitted unless an obstetrician provides written certification, upon examination within 48 hours of scheduled departure, that the passenger is medically fit to travel. A medical certificate is required if travel is requested within 7 days after delivery.
    12. Persons who do not meet HA standards for dress and attire:
      1. Clothing must cover the upper part of the torso, such as tank or halter tops.
      2. Clothing must cover the lower part of the torso, such as shorts. Swimming attire is not acceptable.
      3. For safety reasons, footwear must be worn unless the passenger is unable to do so due to a disability or physical condition that prevents them from wearing footwear.
  5. Conditions for Acceptance of Qualified Individuals with a Disability
    1. Reservations: Forty-eight (48) hours notice and one (1) hour advance check-in be required for oxygen, stretchers; groups of ten (10) or more individuals with disabilities, and hazardous material packaging for wheelchair battery.

      Definitions:
      Individual with a Disability
      - is defined as any individual who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such an impairment.
      Qualified Disabled Individual
       - is defined as a disabled individual who validly obtains a ticket, comes to the airport for the flight and meets nondiscriminatory contract of carriage requirements that apply to everyone.
    2. Safety Assistants: - HA may require that a qualified disabled individual meeting any of the following criteria travel with a Safety Assistant as a condition of being provided air transportation, if the carrier determines that a Safety Assistant is essential for safety of:
      1. A person traveling in a stretcher. The Safety Assistant for such a person must be capable of attending to the passenger's in-flight medical needs;
      2. A person who, because of a mental disability, is unable to comprehend or respond appropriately to safety instructions from carrier personnel, including the required safety briefing;
      3. A person with mobility impairment so severe that the person is unable to assist in his or her own evacuation from the aircraft;
      4. A person who has both severe hearing and severe vision impairments if the person cannot establish some means of communication with carrier personnel, adequate to permit transmission of the required safety briefing.

      If HA determines that a person meeting the criteria of paragraph 2) a) - d), must travel with a Safety Assistant, contrary to the individual's self assessment that he or she is capable of traveling independently, HA shall not charge for the transportation of the Safety Assistant.
    3. Provisions of Services
      1. HA shall provide assistance requested by or on behalf of qualified individuals with a disability:
        1. In enplaning, deplaning, and assistance in making flight connections and transportation between gates.
        2. Within the aircraft cabin;

          Assist in moving to and from seats, as part of the enplaning and/or deplaning processes;

          Assistance in preparation for eating, such as opening packages and identifying food;

          If there is an on-board wheelchair on the aircraft, assistance with the use of the on-board wheelchair to enable the person to move to and from a lavatory;
      2. Assistance to a semi-ambulatory person in moving to and from the lavatory, not involving lifting the person; or assistance in loading and retrieving carry-on items, including mobility aids and other assistance devices stowed onboard.
      3. HA shall not provide extensive special assistance to qualified individuals with a disability:
        1. Assistance in actual eating;
        2. Assistance within the lavatory or assistance at the passenger's seat with elimination functions;
        3. Provision of medical services.
  6. LIABILITY
    HA is not liable for refusing to transport or for removing any passenger in accordance with the preceding paragraphs of this rule. HA will however, at the request of the passenger, provide a refund in accordance with Rule 260 (Involuntary Refunds).
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