Rule 25: Refusal to Transport - Limitations of Carrier
- Full Text
- Standard Format of Electronic Rules
- Restricted Items
- Application of Tariff
- Classes of Service
- Special Airport Lounge Facilities
- Refusal to Transport - Limitations of Carrier
- Passenger Expenses En Route
- Administrative Formalities - Passports, Visas, and Tourist Cards
- Liability of Carriers
- Service Animals
- Returned Check Charge
- Revised Routings, Failure to Carry, and Missed Connections
- Schedules, Delays, and Cancellation of Flights
- Denied Boarding Compensation
- Amenities/Services for Delayed Passengers
- Acceptance of Baggage
- Conditions and Charges for Acceptance of Special Items
- Acceptance of Pets and Animals
- Checked and Carry-On Baggage
- Baggage Allowance
- Excess Baggage Charges
- Excess Value Charges for Baggage
- Acceptance of Children
- Free and Reduced Rate Transportation for Agents
- Free and Reduced Fare Transportation for Tour Conductors
- Passengers On Stretchers
- Passengers Occupying Two Seats
Carrier will refuse to transport, or will remove any passenger at any point for any of the following reasons:
- Government request or regulations - whenever such action is necessary to comply with any government regulation, or to comply with any governmental request for emergency transportation in connection with the national defense, or whenever such action is necessary or advisable by reason of weather or other conditions beyond its control (including but without limitation, acts of god, force majeure, strikes, civil commotions, embargoes, wars, hostilities or disturbances) actual, threatened or reported.
- Search of passenger or property - when a passenger refuses to permit search of his person or property for explosives or a concealed, deadly or dangerous weapon or article.
- Proof of identity - when a passenger refuses on request to
produce positive identification.
Note: carrier shall have the right, but shall not be obligated, to require positive identification of persons purchasing tickets and/or presenting a ticket(s) for the purpose of boarding aircraft.
- Across international boundaries - when a passenger is
traveling across any international boundary if:
- The travel documents of such passenger are not in order;
- For any reason, such passenger's embarkation from, transit through, or entry into any country from, through, or to which such passenger desires transportation would be unlawful; or
- Such passenger fails or refuses to comply with the rules and regulations of the carrier.
- Passenger's Conduct
- In the following categories refusal or removal of
passengers may be necessary for the comfort and safety of
themselves or other passengers:
- Persons whose conduct is disorderly, abusive or violent;
- Persons who are barefoot; unless the passenger is unable to wear footwear due to a disability or physical condition that prevents them from doing so;
- Persons who are unable to sit in the seat with the seatbelt fastened;
- Persons who appear to be intoxicated or under the influence of drugs;
- Persons with a communicable disease or infection which has been determined, as such by the U.S. Surgeon General, the Center for Disease Control, or other Federal Health authority. The carrier will accept such a qualified handicapped individual if a medical certificate is presented from the passenger's physician saying that the disease or infection would not, under present conditions, be communicable to other persons during the course of a flight and dated within ten (10) days of the date of the flight for which it is presented;
- Persons who are mentally incapacitated; however, the
carrier will accept escorted mental patients under the
- The requesting medical authority furnishes assurance, in writing, that an escorted mental patient can be transported safely.
- Only one escorted mental patient will be permitted on a flight.
- Acceptance is for online travel only.
- The escort assures that:
- The escorted passenger will be accompanied at all times.
- The escorted passenger does not possess or have access to articles that could be used as deadly or dangerous weapons.
- The escort has adequate restraining devices if needed.
- The transportation of escorted mental patients
must be in compliance with the following specific
- Escorted mental patients will be boarded first and deplaned last. They will be seated in the rear-most available seats with the escort seated between the escorted passenger and the aisle. Escorted mental patients will not be seated in a row with, behind, or forward of a window exit, or in a row with, or opposite, a door exit.
- Escorted mental patients shall refrain from moving about aloft or on the ground. The passenger will not be allowed to smoke and escort must ensure that all matches are removed from the passenger before boarding.
- No food, beverage or metal eating utensils will be provided the escorted passenger unless specifically authorized by the escort. Neither the escort nor the escorted passenger will be served, nor will they drink, alcoholic beverages while on board the aircraft.
- Persons who wear or have on or about their person concealed or unconcealed deadly or dangerous weapons; provided, however, that carrier will carry passengers who meet the qualifications and conditions established in F.A.R. 108.11;
- Manacled persons in custody of law enforcement personnel or persons who have resisted or may reasonably be believed to be capable of resisting escorts;
- Persons who have misrepresented a condition which becomes evident upon arrival at the airport, and the condition is unacceptable for passage;
- Carrier may refuse to transport or may remove at any point any passenger whose behavior is interfering or has interfered with the safety or comfort of any other passenger or any crew member. Passengers shall discontinue any such behavior immediately upon the request of a crew member.
- For travel between Hawaii and International locations, travel is not advised within 30 days of due date and will not be permitted unless an obstetrician provides written certification, upon examination within 48 hours of scheduled departure, that the passenger is medically fit to travel. A medical certificate is required if travel is requested within 7 days after delivery.
- Conditions for acceptance of a qualified individual with
- Reservations: forty-eight (48) hours notice and one (1) hour advance check-in be required for oxygen, stretchers, groups of ten (10) or more individuals with a disability, and hazardous material packaging for wheelchair battery.
- Individual with a Disability - is defined as any individual who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such an impairment.
- Qualified Individual with a Disability - is defined as an individual with a disability who validly obtains a ticket, comes to the airport for the flight and meets nondiscriminatory contract of carriage requirements that apply to everyone.
Safety Assistants - HA may require that a
qualified individual with a disability meeting any of
the following criteria travel with a Safety Assistant
as a condition of being provided air transportation, if
the carrier determines that a Safety Assistant is
essential for safety:
- A person traveling in a stretcher. The Safety Assistant for such a person must be capable of attending to the passenger's in-flight medical needs;
- A person who, because of a mental disability, is unable to comprehend or respond appropriately to safety instructions from carrier personnel, including the required safety briefing;
- A person with a mobility impairment so severe that the person is unable to assist in his or her own evacuation of the aircraft;
- A person who has both severe hearing and severe vision impairments if the person cannot establish some means of communication with carrier personnel, adequate to permit transmission of the required safety briefing.
If HA determines that a person meeting the criteria of paragraphs (3)(i) through (3)(iv) above, must travel with a Safety Assistant contrary to the individuals self-assessment that he or she is capable of traveling independently, HA shall not charge for the transportation of the Safety Assistant.
- Provisions of Services
- HA shall provide assistance required by or on behalf
of qualified individual with a disability, or offered by
HA personnel and accepted by qualified handicapped
- in enplaning and deplaning and assistance in making flight connections and transportation between gates.
- within the aircraft cabin:
- Assist in moving to and from seats, as part of the enplaning processes;
- Assistance in preparation for eating, such as opening packages and identifying food;
- If there is an on-board wheelchair on the aircraft, assistance with the use of the on-board wheelchair to enable the person to move to and from a lavatory;
- Assistance to a semi-ambulatory person in moving to and from the lavatory, not involving lifting or carrying the person; or assistance in loading and retrieving carry-on items, including mobility aids and other assistance devices stowed on board.
- HA shall not provide extensive special assistance to
qualified individuals with a disability. Special
assistance includes the following activities:
- assistance in actual eating;
- assistance within the restroom or assistance at the passenger's seat with elimination functions;
- provision of medical services.
- HA shall provide assistance required by or on behalf of qualified individual with a disability, or offered by HA personnel and accepted by qualified handicapped individuals:
- In the following categories refusal or removal of passengers may be necessary for the comfort and safety of themselves or other passengers:
- Recourse of Passenger
The sole recourse of any person so refused carriage or removed en route for any reason specified in the foregoing paragraphs shall be recovery of the refund value of the unused portion of his ticket from the carrier so refusing or removing, as provided in Rule 90(d).
Carriage of Children
Carriage of unaccompanied children HA will not accept unaccompanied children under 16 years of age. A child will be considered unaccompanied if not accompanied on all legs of travel with a passenger at least 16 years of age.
- Escort Service
For the purpose of this rule, escort service means that HA will provide supervision for the child from the time of boarding until the child is met at the stopover point or destination.