Contract of Carriage : Rule 1
Application of Tariff
Rules in this tariff govern the application of all charges and fares published in HA's schedule of fares. These rules constitute the conditions upon which HA transports or agrees to transport and are expressly agreed to by the passenger to the same extent as if such rules were included as conditions in the contract of carriage.
Federal law preempts state and local laws, regulations, and other provisions, including common law duties associated with your contract with Hawaiian, related to rates (fares), routes, or services of an air carrier. To the extent a state or political subdivision thereof makes the incorporation of common law duties in contracts optional, HA and the passenger agrees that this contract does not incorporate any common law duties.
- International Transportation
International transportation shall be subject to the rules relating to liability established by, and to all other provisions of, the Convention for the Unification of Certain Rules Relating to International Transportation by Air, signed at Warsaw, October 12, 1929, or such convention as amended, whichever may be applicable to the transportation hereunder. Any provisions of these rules which is inconsistent with any provision of the said Convention shall, to that extent, but only to that extent, be inapplicable to international transportation.
NOTE: Rules stating any limitation on, or condition relating to, the liability of carriers for personal injury or death are not permitted to be included in tariffs filed pursuant to the laws of the United States, except to the extent provided in Rule 10. Any such limitation or conditions in any rule herein except to the extent provided in Rule 10 is not a part of this tariff. Nothing in this tariff modifies or waives any provision of the said Convention.
- Changes in Rules, Fares and Charges
- If after a ticket has been issued and before any portion thereof has been used, either a decrease in the fares or charges applicable to the transportation shown on the ticket becomes effective, or a new fare for which the passenger can qualify is added between the points shown on the ticket, the amount of the difference in fares will be provided only in the form of a transportation credit, provided;
- There is no change in origin, destination, stopover points, flights, dates shown on the original ticket, or on any ticket issued in exchange for the original ticket.
- Subsequent to the decrease in fares or charges or the addition of a new fare, all conditions of the decrease fares or charges of the new fare are met, including booking code and advance reservations and ticketing requirements.
- This rule will only apply to tickets purchased through Hawaiian Airlines Reservations Department or sold on Hawaiian Airlines Web Site HawaiianAir.com, and does not apply to fares purchased as part of travel packages.
- An administrative service charge of USD $40.00 will apply for all tickets presented for one-time exchange.
- Where the ticket has been issued before the effective date of the tariff containing an increase in the applicable fare, the increase will not be collected provided:
- The originating flight coupon of the ticket was issued for a specific flight at the fare in effect on the date of the ticket issuance (determined by the validation of the ticket);
- Subsequent to the effective date of any increase in the applicable fare:
- The originating flight coupon is not voluntarily changed in any way or,
- Flight coupons other than the originating flight coupons are not voluntarily changed to reflect a change in carrier/fare basis/origin/destination/stopover points from those originally on the ticket.
- Fare increases for voluntary changes will be applicable as follows:
- The originating flight coupon is voluntarily changed or an open ticket is confirmed for a specific flight. All flight coupons are subject to recalculation of fare from point of origin using fares in effect on the day the change takes place.
- Fare increases for voluntary changes to other than the originating flight will be applicable as follows:
- Only flight coupons being voluntarily changed as is in 2 (b)(ii) above are subject to collection of fare increases.
This provision shall apply only to the passenger to whom the ticket was originally issued.
NOTE: These provisions apply where any special promotional local fares restrict the immediate issuance of a ticket for a specific flight itinerary even though full payment is received by the carrier. The fare for such passenger(s) shall be the applicable fare in effect on the date the full payment is received by the carrier.
- Responsibility of Carrier
Carrier will be responsible for the furnishing of transportation only over its own lines. When any carrier undertakes to issue a ticket, check baggage, or make any other arrangements for transportation over the lines of any other carrier (whether or not such transportation is part of a through service), such carrier will act only as agent for such other carrier and will assume no responsibility for the acts or omissions of such other carrier.
No agent, servant or representative of HA has authority to alter, modify or waive any provision of the contract of carriage or of this tariff unless authorized by a corporate officer of HA.
- In the event of a termination of an interline traffic agreement between HA and another carrier, HA's practices with respect to such other carrier's tickets as set forth in this tariff shall not apply to any tickets of such other carrier issued after the effective date of the termination of the interline agreement.
- Gratuitous Carriage
With respect to gratuitous carriage, HA reserves the right to exclude the application of all or any part of this tariff.
- Reduced Fare Travel With respect to employees and family of HA or other airlines traveling on HA at special reduced fares, HA reserves the right to exclude the application of all or any part of this tariff.
- Change Without Notice
Except as may be required by applicable laws, government regulations, orders and requirements, HA's rules, regulations and conditions of carriage are subject to change without notice, provided, that no such change shall apply to a contract of carriage after the carriage has commenced.
- Hawaiian Airlines will make their customer service plan readily available to all of our domestic codeshare partners and, to the extent possible, make every reasonable effort to ensure our partners offer comparable levels of service.
- When passengers call into HA reservations department or, upon check-in in at the airport ticket office, HA personnel will disclose the routing, type of aircraft, or changes thereto, and operator on a code-shared flight with HA. HA rules and regulations for HA Hawaiian Airlines Premier Club and HawaiianMiles frequent flier program will be provided. An annual redemption report will be provided to all members of HawaiianMiles program. Upon request HA will provide information for any flight on aircraft configuration, including seat size and pitch.
- Misfiled Fares
HA, as a policy, does not file nor intend to offer/file tickets priced substantially lower than the intended ticket price for the class of service being sold. Essentially, such fares do not make any economic sense. HA has introduced warning mechanisms to try to prevent such occurrences; however, occasionally fares such as these are mistakenly offered or filed. Agents/customers should be aware that in these circumstances they are not allowed to ticket at these fares and HA will not honor such fares. In the event a ticket is inadvertently sold on a mistakenly offered or filed fare, HA may choose to void such ticket in its sole discretion.
- HA reserves the right to charge the passenger for reimbursement of repair and/or cleaning costs incurred as a result of actions by that passenger during transport on HA.