Rule 22: Denied Boarding and Compensation Due to Oversales
 
If we are unable to provide you with your previously confirmed reserved space due to an oversold flight, the following provisions apply:
  1. WE WILL MAKE A REQUEST FOR VOLUNTEERS. In the case of an oversold flight (more guests hold confirmed reserved spaces than there are seats available), we will first request guest volunteers who are willing to voluntarily relinquish their confirmed reserved space in exchange for compensation in an amount determined by us in our sole discretion. If you are specifically asked to voluntarily relinquish your seat and refuse, we will not later deny you boarding unless you were specifically informed at the time you were asked to volunteer (i) that there was a chance that you would be denied boarding involuntarily and (ii) of the amount of compensation to which you have been entitled in that event. The request for volunteers and the selection of any persons to be denied space will be in a manner determined by us in our sole discretion.

    NOTE: In exchange for voluntarily relinquishing your confirmed reserved space, we will compensate you with the agreed upon compensation.  Any travel credit will be valid for travel on Hawaiian within 365 days from the date of issue and (i) will apply only to online transportation via Hawaiian, (ii) may not be endorsed to or accepted by any other carrier, and (iii) will not be refundable to, or saleable, transferable, or assignable by the guest.

  2. BOARDING PRIORITIES ON AN OVERSOLD FLIGHT. When a flight is oversold, we will not deny you boarding against your will until we first ask for volunteers who will give up their reservations willingly, in exchange for compensation as provided in Section (A) above of this Rule 22. If there are not enough volunteers, you and other guests may be denied boarding involuntarily, in accordance with our boarding priority.
    1. Generally, all guests holding seat assignments will be boarded. The priority of guests who are not holding seat assignment and, if necessary, other guests may be determined based on a guest’s fare class, itinerary, status of frequent flyer program membership, and the time in which the guest presents him/herself for check in without an advanced seat assignment.
    2. Guests who are qualified individuals with a disability, minors under the age of 18 years who are traveling alone and Unaccompanied Minors, will be the last to be involuntarily denied boarding if it is determined by us in our sole discretion that such denial of boarding would constitute a hardship.
  3. TRANSPORTATION FOR GUESTS DENIED BOARDING. When we are unable to provide your previously confirmed reserved space due to an oversold flight, we will provide you with alternate transportation in accordance with the following provisions:
    1. We will transport you without stopover on our next flight on which space is available at no additional cost to you, regardless of the class of service.
    2. If space is available on another Carrier’s flight regardless of class of service, such flights may be used upon Hawaiian’s sole discretion and the guest’s request at no additional cost to the guest only if such flight provides an earlier arrival than the Hawaiian flight offered in Section (C)(1) above of this Rule 22.
  4. COMPENSATION FOR INVOLUNTARY DENIED BOARDING. In addition to providing transportation as described in Section (C) above of this Rule 22, when you are involuntarily denied boarding from an oversold flight, we will compensate you for our failure to transport you on that flight subject to and in accordance with the provisions below:
    1. Conditions for Payment of Compensation.
      1. You Meet All Requirements. You must be holding a Ticket for confirmed reserved space and must have presented yourself for carriage at the appropriate time and place, having complied fully with our requirements for ticketing, check in, and reconfirmation procedures, and having met all the requirements for acceptance for transportation published in this Contract of Carriage.
      2. You Have Been Denied Boarding Involuntarily. The flight for which you hold confirmed reserved space is unable to accommodate you and departs without you, and you have not voluntarily given up your reservation in exchange for compensation in accordance with Section (A) of this Rule 22.
      3. Exceptions to Compensation. You will not be eligible for compensation in each of the following cases:
        1. The flight on which you hold confirmed reserved space is unable to accommodate you (1) because of any government requisition of space or (2) because we substitute any aircraft with another aircraft of lesser capacity when required by operational or safety reasons.
        2. We have cancelled your reservation in accordance with Rule 4: Cancellation of Reservations.
        3. You are accommodated on comparable air transportation, or other transportation scheduled to arrive at your next stopover or, if none, initial destination within one (1) hour after the scheduled arrival time of your original flight or flights.
        4. You are offered accommodations or are seated in a section of the aircraft other than that specified on your Ticket at no extra charge, except that if you are seated in a section with a lower available fare, you shall be entitled to a refund for the difference between your original fare and the lower applicable fare.
    2. Amount of Compensation. If you are traveling in interstate transportation between points within the USA and meet the satisfy all the conditions of Section (D)(1) of this Rule 22, you are entitled to the following compensation based on the length of your delay:
      1. Not Later Than One Hour. If we offer you alternate transportation that is planned to arrive at your destination or first stopover not later than one hour after the planned arrival time of your original flight, you are not entitled to any compensation.
      2. More Than One Hour but Less Than Two Hours. If we offer you alternate transportation that is planned to arrive at your destination or first stopover more than one hour but less than two hours after the planned arrival time your original flight we will pay you 200% of the one-way fare to your destination or first stopover, with a maximum of $675.
      3. More Than Two Hours. If we offer you alternate transportation that is planned to arrive at your destination or first stopover more than two hours after the planned arrival time your original flight we will pay you 400% of the one-way fare to your destination or first stopover, with a maximum of $1,350.
        Summary Denied Boarding Compensation (see rules above)
        0 to 1-hour arrival delay No compensation
        1 to 2-hour arrival delay 200% of one-way fare, not to exceed $675
        Over 2 hours arrival delay 400% of one-way fare, not to exceed $1,350

      NOTE: In addition to the denied boarding compensation for involuntarily denied boarding as specified in this Rule 22, we will refund all unused ancillary fees for optional services you paid for if you are voluntarily or involuntarily denied boarding.  However, we will not refund any ancillary fees for services that are provided as part of your alternate transportation.

      NOTE: At your option, we may compensate you with a travel credit valid for transportation on Hawaiian instead of monetary compensation.  Any travel credit will be equal to or greater than any monetary compensation due.  Travel credits are nontransferable, have no refund value, and are subject to reroute and reissue by Hawaiian only.