Website Terms of Use
 

Rev. July 30, 2014

Aloha! Welcome to the website of Hawaiian Airlines, Inc. ("Company", "we" or "us"), Hawai`i’s biggest and longest serving airline, as well as the largest provider of passenger air service from its primary visitor markets on the U.S. mainland.  The following terms and conditions, together with any additional terms and conditions expressly incorporated by reference (collectively, these "Terms of Use"), govern your access to and use of this site, including any content, functionality and services offered on or through this site.

Acceptance of These Terms of Use.  By accessing this website and its applications (collectively, the “Site”), the user (herein “you”) agrees to be bound by all such terms, conditions, and notices of these Terms of Use without limitation or qualification.  Please read these Terms of Use carefully before you start to use the Site.  By using the Site, you represent and warrant to us that you are of legal age to form a binding contract with the Company. If you are incapable of forming a binding contract, you must not access or use the Site.  We reserve the right to deny access to the Site to anyone at any time.

Changes.  We reserve the right to modify these Terms of Use, as well as the products or programs contained on the Site without notice or liability.  All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter.  Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check the Site each time you access it so you are aware of any changes, as they are binding on you.

Content Ownership and Accuracy.  All content on the Site, including account information, is owned or controlled by the Company and protected by copyright laws in the United States and internationally. The information presented on the Site has been compiled by us from internal and external sources; however, no representation is made or warranty given as to the completeness or accuracy of such information. You should be aware that information provided may be incomplete, may contain errors, or may have become out of date. You should therefore verify information obtained from the Site before you act upon it. The Company shall not be liable for any damages or injury resulting from your access to, or inability to access the Site, or from your reliance on any information provided in the Site.  The Site may include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.  THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.  In no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of the Site or with the delay or inability to use the Site, or for any information, software, products, and services obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, strict liability or otherwise, even if the Company and/or any of its suppliers has been advised of the possibility of damages. Because some States/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Infringement.  If you believe your work has been copied and posted on or through the Site in a way that constitutes infringement of your rights, please send us a notification of claimed infringement with the following information: (i) identification of the work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works; (ii) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site; (iii) your contact information - address, telephone number, and, if available, email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (v) a statement by you that the information in your notification is accurate and that you are the owner or authorized to act on the owner's behalf; and (vi) your signature.  We will respond to your notification in due course after we investigate your claims.

User Information.  To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all of the information you provide on the Site is correct, current and complete.  You agree that all information you provide to register with the Site or otherwise, including but not limited to, through the use of any interactive features on the Site, is governed by the Company’s Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

The Site may also contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other non-private interactive features that allow users to post, submit, publish, display or transmit to other users or other persons content or materials (collectively, “User Contributions”) on or through the Site.  Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. No User Contribution shall:
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information;
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
  • Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
  • Falsify the origin or source of software or other material contained in a file that is uploaded.
  • Advertise or offer to sell any goods or services, or engage in surveys, contests, chain letters or for any commercial purpose; or
  • Download any file that you know, or reasonably should know, cannot be legally distributed via the Site.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and that you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.  You specifically acknowledge that we are not liable for defamatory, offensive, infringing or illegal materials or conduct arising out of User Contributions, and we reserve the right, but have no obligation, to remove such materials or any other materials from the Site without liability.  We do not undertake to review all User Contribution material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted.  You further agree to indemnify us for all damages, costs and expenses we suffer or incur as a result of you defamatory, offensive, infringing or illegal materials or conduct in connection with User Contributions.  We further reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site.

Ownership of Site and Marks.  The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.  No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws. The Company’s name, logo, marks and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.

Usage Limits.  The Site is for your personal, noncommercial use only.  You agree not to modify, copy, alter, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site without our prior written permission.  You agree not to use any automatic device, manual process, or scraping to monitor or copy the Site or the content contained therein for any purpose without our prior written permission. You agree not to use any device, software or routine to interfere with or attempt to interfere with the proper working of the Site or any activities conducted on the Site.  You agree not to use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the content contained therein or for any other unauthorized purpose without the Company’s prior written permission.  We reserve the right to investigate any illegal and/or unauthorized use of the Site, including, but not limited to, unauthorized framing of the Site or unauthorized use of any robot, spider or other automated device, and to take appropriate legal action, including, without limitation, civil, criminal and injunctive redress.

Reservation Features.  The reservation features of the Site are provided solely to permit you to determine the availability of travel related goods and services and to make legitimate reservations or otherwise transact business with suppliers, and for no other purposes.  Without limitation, you shall not make any speculative, false or fraudulent purchase or reservation, or any reservation in anticipation of demand.  In the event we determine that an individual has confirmed multiple reservations to one or more destination(s) on or about the same date(s), we reserve the right to cancel all confirmed space associated with the multiple reservations without notice to the passenger or the person making the booking.  You agree that the reservation features of the Site shall be used only to make legitimate reservations or purchases.  You agree to abide by the terms or conditions of purchase imposed by any supplier with whom you elect to deal including, but not limited to, payment or redemption of all amounts when due and compliance with all rules regarding availability of fares, products or services. You are completely responsible for all charges, fees, duties, taxes and assessments arising out of the use of the Site.

Links to and from the Site.  You may link to the homepage of the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on the Company’s part without our express written consent.  If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Unauthorized Use.  All account information is owned by and proprietary to the Company. If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.  You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or portions of it using your user name, password or other security information.  You agree not to misuse the Site, including but not limited to, utilizing a HawaiianMiles member's password or personal identification number during login, unless you are either:  (i) the HawaiianMiles member to whom that password or personal identification number is assigned (the “Member”), or (ii) a family member, employee, or authorized individual of the Member, acting with the Member's permission.  Account access may not be given to any third party on-line service, including, but not limited to any mileage management service, mileage tracking service, or mileage aggregation service.  You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.  We reserve the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you or a third party have violated any provision of these Terms of Use.

Indemnity.  You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your User Contributions, and any use of the Site's content, services and products other than as expressly authorized in these Terms of Use.

Transportation Terms.  Transportation of passengers, baggage and cargo on the Company’s aircraft or its codeshare partners is subject to the terms and conditions contained within the carriers’ Contract of Carriage, in addition to any terms and conditions specified on the Site, printed on or in a ticket jacket, ticket receipt, or in any published schedule. By purchasing a ticket and accepting transportation, the passenger agrees to be bound by such terms and conditions. Other services and products described in the Site will also be subject to terms and conditions, details of which may be obtained from the Company or its service provider (as applicable).

Governing Law and Venue.  This Agreement will be governed by the laws of the State of Hawaii without reference to its conflicts of law provisions which would result in the application of the laws of any other jurisdiction. You agree that any action or proceeding relating to or arising out of this Agreement will be brought in federal or state courts located in the State of Hawaii, City & County of Honolulu, and no other. You irrevocably consent to the jurisdiction of such courts and waive any jurisdictional or venue defenses available to you.

Waiver and Severability.  No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Geographic Restrictions.  The Company is based in the State of Hawaii within the United States of America. We make no warranty that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may be restricted in certain jurisdictions. If you access the Site from outside the United States, you do so on your own initiative and will be responsible for compliance with local laws.

Forward-looking Statements.  The Site may contain forward-looking statements concerning the Company or its parent, Hawaiian Holdings, Inc.  Any forward-looking statements only speak as of the date indicated or, if no such date is indicated, as of the date such statements are posted to the Site. Actual results could differ materially from those described in any forward-looking statements. Please read the parent entity’s filings at http://www.sec.gov/edgar.shtml, including its annual, periodic and current reports, as amended, for additional information about the risks, uncertainties and other factors that could cause actual results to differ materially from those described in any forward-looking statements on the Site.  The Company and its parent expressly disclaim any obligation to update, amend, supplement or otherwise revise any forward-looking statements contained or referenced in the Site to reflect events or circumstances that may arise after the date indicated, except as otherwise required by applicable law.