Rule 85: Schedules, Delays, and Cancellation of Flights
 
  1. Schedules
    Times shown in timetables or elsewhere are approximate and not guaranteed, and form no part of the contract of carriage. Schedules are subject to change without notice and carrier assumes no responsibility for making connections. Carrier will not be responsible for errors or omissions either in timetables or other representations of schedules. No employee, agent or representative of carrier is authorized to bind carrier by any statements or representation as to the dates or times of departure or arrival, or of the operation of any flight.
  2. Extended Delays

    NOTE; In the case of codeshare flights, the operating carrier’s tarmac delay contingency plan shall apply.

    1. HA will permit passengers to disembark an aircraft before it is delayed more than four (4) hours after the aircraft door closes (in the case of departure) or from the time the aircraft touches down (in the case of arrival) unless (i) the pilot-in-command determines there is a safety-related or security-related reason why the aircraft cannot leave its position on the tarmac to deplane passengers or (ii) air traffic control advises the pilot-in-command that returning to the gate or another disembarkation point elsewhere in order to deplane passengers would significantly disrupt airport operations.
    2. If extended delays (over two (2) hours) are encountered for passengers already boarded and after the aircraft leaves the gate (in case of departure) or touches down (in the case of arrival), HA will provide food (snack mix, pretzels etc.), water, juice and/or soft drinks, consistent with passenger and employee safety and applicable laws and regulations.
    3. HA will provide restroom facilities and access to medical treatment, consistent with passenger and employee safety and applicable laws and regulations, while the aircraft remains on the tarmac.
    4. HA has sufficient resources to implement paragraphs C(2) and C(3) above and has coordinated with airport authorities at all medium and large hub airports that HA serves, including medium and large hub diversion airports, pursuant to 14 C.F.R. Part 259.
  3. Change In Schedule (See Rule 80)
  4. Cancellations
    1. Carrier undertakes to use its best efforts to carry the passenger and baggage with reasonable dispatch, but no particular time is fixed for the commencement or completion of carriage. Subject thereto carrier may, without notice, substitute alternate carriers or aircraft and may alter or omit the stopping places shown on the face of the ticket in case of necessity.
    2. Carrier may, without notice, cancel, terminate, divert, postpone, or delay any flight or the further right of carriage or reservation of traffic accommodations and determine if any departure or landing should be made, without any liability to Hawaiian, subject to government laws.
    3. Carrier may cancel the right or further right of carriage of the passenger and his baggage upon refusal of the passenger, after demand by carrier, to pay the fare or portion thereof so demanded, or to pay any charge so demanded and assessable with respect to the baggage of the passenger, without being subject to any liability therefore except to refund, in accordance herewith, the unused portion of the fare and baggage charge(s) previously paid, if any.
  5. Notwithstanding the provisions of this rule, carrier will not accept for any purposes under this rule passenger tickets or related transportation documents issued by any carrier which is in substantial default of its interline obligations or which voluntarily or involuntarily has become the subject of bankruptcy proceedings (the "defaulting carrier").

    Exception: notwithstanding the provisions of this paragraph, tickets issued by the defaulting carrier will be accepted solely for transportation over the lines of carrier provided such tickets were issued by such defaulting carrier in its capacity as agent for carrier and specified transportation via carrier. When tickets are accepted, no adjustments in fare will be made which would require carrier to refund money to the passenger.