Rule 2: General Provisions
 
  1. General Provisions.
    1. The rules contained in this Contract of Carriage constitute the terms and conditions upon which Hawaiian agrees to provide Domestic transportation to you, and they are expressly agreed to by you.
    2. This Contract of Carriage is subject to all 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.
    3. 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.
    4. No employee, agent, or representative of Hawaiian has the authority to alter, modify, or waive any provision of this 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.
    5. Hawaiian’s obligations under the rules of this Contract of Carriage apply only to you. There are no third-party beneficiaries to these rules.
    6. All transportation is subject to this 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, this Contract of Carriage.
    7. 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.
    8. Our conditions of carriage, rules, and fares are subject to change without notice, unless prohibited by Government Laws. However, no such change shall apply to any Tickets issued prior to the effective date of any such change.
    9. Any times stated in published timetables or elsewhere are not guaranteed. We may substitute alternate carriers or aircraft and alter or omit stopping places shown on the Ticket in case of necessity without notice. 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.
    10. 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.
    11. 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 minor children, Service Animals, or pets.
    12. The invalidity of any provision of this Contract of Carriage by any Government Law shall not affect the validity of any other provision of this Contract of Carriage, which shall remain in full force and effect.
    13. 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 any such limitation would expressly violate any Government Law.
    14. All fares and charges for Domestic travel are expressed in the lawful currency of the USA.
    15. Domestic travel includes travel to Puerto Rico, U.S. Virgin Islands, American Samoa, Guam, Northern Mariana, Islands, and the Minor Outlying Islands. Each guest traveling to any Domestic location is solely responsible for obtaining all required travel documents and for complying with the laws of each Domestic location from, through or to which he or she travels.
    16. You shall indemnify us for any loss, damage, or expense we suffer or incur by your failure to comply with Section (A)(15) of this Rule 2 above, including, but not limited to, the applicable fare to return you to your point of origin or elsewhere due to your inadmissibility to or deportation from any Domestic location.
  2. Emergency Situations. Every one of our pilots in command of a flight has authority to exercise his/her judgment depending on the circumstances and to declare and take any action necessary to respond to any emergency situation which may arise in compliance with FAA Regulations and Government Laws.

    If you require emergency medical attention on one of our flights, our flight crew has a set of procedures 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.

    We will not honor any “Do Not Resuscitate” order or any “Do Not Resuscitate” jewelry and your travel with us indicates your informed consent to be treated. However, if we are aware of any such order or jewelry, we will notify MedAire of its existence when seeking medical assistance.