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Rule 21: Flight Delays, Changes, Cancellations, and Aircraft Changes
 
- Full Text
- Rule 1: Definitions
- Rule 2: Application of Tariff
- Rule 3: Schedules and Operations
- Rule 4: Claims
- Rule 5: Currency
- Rule 6: Confirmation of Reserved Space
- Rule 7: Cancellation of Reservations
- Rule 8: Tickets - General
- Rule 9: Ticket Validity
- Rule 10: Application of Fares - General
- Rule 11: Round-Trip Fares
- Rule 12: Circle-Trip Fares
- Rule 13: Stopovers
- Rule 14: Routings
- Rule 15: Minimum Fares
- Rule 16: Rerouting
- Rule 17: Returned Check Charge
- Rule 18: Checked Baggage
- Rule 19: Conditions and Charges for Acceptance of Special Items
- Rule 20: Liability and Claims
- Rule 21: Electronic Surveillance of Passengers and Baggage
- Rule 22: Acceptance of Children
- Rule 23: Refusal to Transport
- Rule 24: Emergency Situations
- Rule 24: Emergency Situations
- GENERAL RULES.
- Applicability. The provisions of this Rule 21, other than for Section (G) below, applies to you only if you have a Ticket and a confirmed reserved space on one of our flights and there is a flight delay, flight change, flight diversion, or flight cancellation. If you are a standby guest, your rights are governed by Section (G) of this Rule 21.
- Notification. We will promptly notify you of any delay, change, diversion, or cancellation of your confirmed reserved space as soon as reasonably possible after it is confirmed. However, we not liable for any misstatements or other errors or omissions in connection with providing that information.
- Schedules are Subject to Change Without Notice. Any times shown on Tickets, timetables, published schedules or elsewhere, as well as any aircraft type and similar details reflected on any Tickets or in any of our flight schedules are not guaranteed and are not a part of this contract. We may (i) substitute alternate carriers or aircraft, (ii) delay or cancel flights, and (iii) alter or omit stopping places or connections shown on the Ticket at any time.
- Liability. Except to the extent provided in this Rule 21, we are not liable for failing to operate any flight according to schedule, or for any change in flight schedule, with or without notice to you.
- DEFINITIONS. For this Rule 21, the following terms have the meaning indicated below:
- Connecting Carrier(s) means the carrier or combination of carriers on whose flight(s) you originally held or hold confirmed reserved space from a Connecting Point to a destination, next stopover or Connecting Point.
- Connecting Point means a point to which on one Ticket you hold or held confirmed reserved space on one carrier, and out of which you hold or held confirmed reserved space on the same or another carrier. All airports through which a city is served by any carrier will be deemed to be a single Connecting Point when the receiving carrier has confirmed reservations from the delivering carrier.
- Delivering Carrier means the carrier on whose flight you hold or held confirmed reserved space to a Connecting Point.
- Force Majeure Event means any of the following situations:
- Any condition beyond our control including, but not limited to meteorological or geological conditions, acts of God, riots, terrorist activities, civil commotions, embargoes, wars, hostilities, disturbances, or unsettled international conditions, either actual, anticipated, threatened, or reported, or any delay, demand, circumstances, or requirement due directly or indirectly to such condition.
- Any strike, work stoppage, slowdown, lockout, or any other labor-related dispute involving or affecting Hawaiian’s services.
- Any Government Law, demand, or requirement.
- Any shortage of labor, fuel, or facilities of Hawaiian or others.
- Damage to our Aircraft or equipment caused by another party.
- Any emergency requiring immediate care or protection for a person or property.
- Any event not reasonably foreseen, anticipated, or predicted by Hawaiian.
- Misconnection occurs at a Connecting Point when as part of a single Ticket for confirmed reserved space, the Delivering Carrier was unable to deliver you to the Connecting Point in time to connect with the Connecting Carrier.
NOTE: The same rules apply at any subsequent point(s) of Misconnection as apply at the point of the original Misconnection.
- Irregular Operations means any of the following irregularities:
- Delay in scheduled departure or arrival of a carrier’s flight resulting in a Misconnection;
- Flight or service cancellation, omission of a scheduled stop, or any other delay or interruption in the scheduled operation of a carrier’s flight;
- Substitution of an aircraft type that provides a different class of service;
- Schedule changes which result in your reroute at the departure time of the original flight; or
- Cancellation of a reservation pursuant to Rule 4: Cancellation of Reservations.
- IRREGULAR OPERATIONS. The following rules apply to any Irregular Operation:
- Liability. Except as provided by law, we are not liable for any Irregular Operations.
- Delay, Misconnection or Cancellation. When your Ticket is affected by any delay, Misconnection or cancellation caused by Hawaiian, we will take one the following actions:
- we will transport you, subject to availability and without stopover, to your destination, next stopover point, or transfer point shown on our portion of your Ticket, in the same class of service, at no additional cost to you;
- in our sole discretion, we may arrange for you to travel on another carrier; or
- we will refund you in accordance with Rule 24: Refunds.
NOTE: In the event you miss a flight on a Connecting Carrier on which space is reserved because the Delivering Carrier did not operate its flight as scheduled due to Irregular Operations or cancellation of its flight, the Delivering Carrier is responsible to arrange for your carriage or to make a refund.
- FORCE MAJEURE EVENT. In the event of a Force Majeure Event, we may cancel, terminate, divert, postpone, or delay any flight, right of carriage, or reservations (whether or not confirmed) without any prior notice to you and determine if any departure or landing should be made, without any liability to Hawaiian. We may re-accommodate you on another available Hawaiian flight or on another carrier or combination of carriers, or may refund any unused portions of your Ticket in the form of a travel certificate.
- AMENITIES AND SERVICES FOR DELAYED GUESTS. Subject to the exceptions listed in Section (E)(5) below of this Rule 21, we will provide certain amenities to you as follows in the in the event of a lengthy delay caused by us:
- Hotel Rooms. If (i) the delay is expected to exceed 4 hours and extend into the period 10:00 pm through 6:00 am, and (ii) no scheduled alternate transportation is available to your destination or stopover point, we will provide one-night’s lodging at an accommodation we select, provided, however, that we will not provide lodging for you if you reside in the city where the delay occurs.
- Meals. We will provide you with one meal voucher if the delay will extend beyond four (4) hours. No alcoholic beverages will be provided to any guests.
- Ground Transportation. When lodging is provided to you in accordance with Section (E)(1) above of this Rule 21 and ground transportation is not furnished by the hotel, then, if available, we will provide ground transportation to the place of lodging or reimburse you for reasonable transportation expenses when accompanied by a receipt. Where ground transportation has been offered but not accepted by you for whatever reason, we are not liable to reimburse you for expenses relating to alternative ground transportation secured by you.
- Alternatively. We may provide you a with a travel credit in lieu of any of the above. Your acceptance of a travel credit indicates your waiver of any of the above amenities. Travel credit (i) will be valid for travel only on Hawaiian within 365 days of the date of issue, (ii) will apply only to online transportation via Hawaiian, (iii) may not be endorsed to or accepted by any other carrier, and (iv) is not refundable, nor saleable, transferable, or assignable by you.
- Exceptions.
- Force Majeure Event or Weather. The provision of the above amenities does not apply when a flight is delayed because of a Force Majeure Event or because of weather conditions, unless:
- You are deplaned by us at a point other than your Connecting Point, destination, or point of origin;
- Your onward transportation on us is delayed or cancelled at a Connecting Point intermediate to your destination; or
- In our sole discretion, we believe that special circumstances require the provision of such amenities (e.g. for unaccompanied children, elderly persons, invalids, and incapacitated and/or ill guests, and qualified individuals with a disability, to maintain the safety, health and welfare of such guests).
- You Accept the Delay Risk. We will not provide any of the above amenities, when a Hawaiian flight is delayed, cancelled, or diverted in a situation where you elected to fly after being informed prior to boarding that environmental conditions at the airport of destination will be such that, at the time of arrival of your flight, the airport may be closed, or that weather conditions may cause your flight to be diverted. If (i) you hold a confirmed reserved space and (ii) while at the airport, and after being informed of the above risk, you elect not to travel, we will provide you ground transportation from the airport, back to your residence or hotel only. No other amenities will be provided.
NOTE: If you are at a Connecting Point and Hawaiian is the Connecting Carrier, we will provide you with the above amenities, whether (i) you elect to remain at the Connecting Point or (ii) you elect to travel and are landed at a point other than your final destination or stopover point.
- Force Majeure Event or Weather. The provision of the above amenities does not apply when a flight is delayed because of a Force Majeure Event or because of weather conditions, unless:
- CONTINGENCY PLAN FOR LENGTHY TARMAC DELAYS. We are committed to providing our customers with a service quality and on-time performance level that ranks among the highest in the industry. The impact of weather, air traffic flow control, airport operations, and safety factors have occasionally caused tarmac delays. We have adopted detailed plans to manage and minimize lengthy tarmac delays, while providing a safe and pleasant travel experience to our customers. A copy of our Contingency Plan for Lengthy Tarmac Delays can be found at HawaiianAirlines.com/legal/tarmac-delays.
- STANDBY GUESTS.
- Liability. Except to the extent provided in Section (G)(2) below of this Rule 21, we are not liable for failing to operate any flight according to schedule, or for any change in flight schedule, with or without notice to you.
- Your Options. Whenever we fail to operate any flight according to schedule or change the schedule of any flight, we will, at your request, either:
- transport you on another of our flights on which space is available; or
- refund you an amount determined in accordance with Rule 24: Refunds upon surrender of the unused portion of your Ticket.