When the carrier is unable to provide previously confirmed space due to more passengers holding confirmed reservations and tickets on a flight than there are available seats on that flight, the carrier will take the actions specified in the provisions of this rule.

1. Definitions
   1. Airport means the airport at which the direct or connecting flight, on which the passenger holds confirmed reserved space, is planned to arrive or some other airport serving the same metropolitan area, provided that transportation to the other airport is accepted (i.e., used) by the passenger.
   2. Alternate transportation means air transportation with a confirmed reservation at no additional charge, operated by a carrier as defined below, or other transportation accepted and used by the passenger in the case of denied boarding.
   3. Carrier means: (1) a direct air carrier, except a helicopter operator, holding a certificate issued by the Department of Transportation pursuant to 49 U.S.C. 41102 or that has been found fit to conduct commuter operations under 49 U.S.C. 41738, or an exemption from 49 U.S.C. 41102, authorizing the scheduled transportation of persons; or (2) a foreign air carrier holding a permit issued by the Department pursuant to 49 U.S.C. 41302, or an exemption from that provision, authorizing the scheduled foreign air transportation of persons.
   4. Class of service means seating in the same cabin class such as First, Business, or Economy class, or in the same seating zone if the carrier has more than one seating product in the same cabin such as Economy and Premium Economy class.
   5. Comparable air transportation means transportation provided by air carriers or foreign air carriers holding certificates of public convenience and necessity, or foreign permits.
   6. Confirmed reserved space means space on a specific date and on a specific flight and class of service of a carrier which has been requested by a passenger, including a passenger with a “zero fare ticket,” and which the carrier or its agent has verified, by appropriate notation on the ticket or in any other manner provided therefore by the carrier, as being reserved for the accommodation of the passenger.
   7. Fare means the price paid for air transportation including all mandatory taxes and fees. It does not include ancillary fees for optional services.
   8. Stopover means a deliberate interruption of a journey by the passenger, scheduled to exceed 4 hours, at a point between the place of departure and the final destination.
   9. Zero fare ticket means a ticket acquired without a substantial monetary payment such as by using frequent flyer miles or vouchers, or a consolidator ticket obtained after a monetary payment that does not show a fare amount on the ticket. A zero fare ticket does not include free or reduced rate air transportation provided to airline employees and guests.
2. Request for Volunteers
   1. The carrier will request passengers who are willing to do so, to voluntarily relinquish their confirmed reserved space in exchange for compensation in an amount determined by the carrier. If a passenger is asked to volunteer, the carrier will not later deny boarding to that passenger involuntarily unless that passenger was informed at the time he was asked to volunteer (i) that there was a possibility of being denied boarding involuntarily and (ii) of the amount of compensation to which he would have been entitled in the event of being denied boarding involuntarily. The request for volunteers and the selection of such persons to be denied space will be in a manner determined solely by the carrier.
      
      NOTE: In exchange for voluntarily relinquishing confirmed space and subject to the passenger's approval, the carrier will compensate the passenger with travel credit valid for the purchase of transportation instead of monetary compensation. The travel credit will be valid for travel on HA within 365 days from the date of issue and will apply only to online transportation via HA, may not be endorsed to or accepted by any other carrier, and will not be refundable to, saleable by, transferable by, or assignable by the passenger.
3. Boarding Priorities
   1. If a flight is oversold (more passengers hold confirmed reservations than there are seats available), no one may be denied boarding against his/her will until airline personnel first ask for volunteers who will give up their reservations willingly, in exchange for compensation of the airline's choosing. If there are not enough volunteers, other passengers may be denied boarding involuntarily in accordance with the boarding priority of Hawaiian Airlines:
   2. Typically all passengers holding seat assignments will be boarded; passengers who are not holding seat assignments will be boarded in the order of the time they check-in. Hawaiian Airlines may also consider other factors including a passenger's disability or status as an unaccompanied minor, a passenger's frequent flyer status, or the fare paid by a passenger.
4. Transportation for Passengers Denied Boarding
   When the carrier is unable to provide previously confirmed space, the carrier causing the passenger to be delayed will provide transportation to persons who have been denied boarding, whether voluntarily or involuntarily, in accordance with the provisions below.
   1. The carrier will transport the passenger without stopover on its next flight on which space is available at no additional cost to the passenger, regardless of class of service.
   2. If the carrier causing such delay is unable to provide onward transportation acceptable to the passenger, any other carrier or combination of carriers, at the request of the passenger, will transport the passenger without stopover on its (their) next flight(s) in the same class of service as the passenger's original outbound flight; or if space is available on a flight(s) of a different class of service acceptable to the passenger, such flight(s) will be used without stopover at no additional cost to the passenger only if it (they) will provide an earlier arrival at the passenger's destination, next stopover point, or transfer point.
5. Compensation for Involuntary Denied Boarding
   In addition to providing transportation as described in paragraph D) above, when the passenger who is delayed has not voluntarily relinquished confirmed reserved space in accordance with provisions in paragraph B) above, the carrier causing the delay will compensate the delayed passenger for the carrier's failure to provide confirmed space. Compensation will be made in accordance with the provisions below.
   1. Conditions for Payment
      1. The passenger holding a ticket for confirmed space must present himself/herself for carriage at the appropriate time and place, having complied fully with the carrier's requirements as to ticketing, check-in, and reconfirmation procedures and having met all requirements for acceptance for transportation published in the carrier's tariff.
      2. The flight for which the passenger holds confirmed reserved space must be unable to accommodate the passenger and departs without the passenger.
         
         EXCEPTION 1: The passenger will not be eligible for compensation if the flight on which he/she holds confirmed reserved space is unable to accommodate him/her because of government requisition of space or substitution of equipment of lesser capacity when required by operational or safety reasons.
         
         EXCEPTION 2: The passenger will not be eligible for compensation if his/her reservation has been cancelled according to Rule 60 (E)—Airport Check-In Time Limits.
         
         EXCEPTION 3: The passenger will not be eligible for compensation when he/she is accommodated on comparable air transportation, or other transportation scheduled to arrive at the passenger’s next stopover or, if none, initial destination within one (1) hour after the scheduled arrival time of the passenger's original flight or flights.
         
         EXCEPTION 4: The passenger is offered accommodations or is seated in a section of the aircraft other than that specified on the ticket at no extra charge, except that a passenger seated in a section for which a lower fare is charged shall be entitled to an appropriate refund.
         
         NOTE: Failure to comply with rules concerning check-in time limits set forth in Rule 60 of this tariff will result in the cancellation of the passenger's reservation and will render him/her ineligible for denied boarding compensation.
   2. Amount of Compensation
      Passengers traveling from the United States to a foreign point who are denied boarding involuntarily from an oversold flight originating at a U.S. airport are entitled to: (1) No compensation if the carrier offers alternate transportation that is planned to arrive at the passenger’s destination or first stopover (referred to as “one-way fare” in the following Table 245.1) not later than one hour after the planned arrival time of the passenger’s original flight; (2) 200% of the fare to the passenger’s destination or first stopover, with a maximum of $675, if the carrier offers alternate transportation that is planned to arrive at the passenger’s destination or first stopover more than one hour but less than four hours after the planned arrival time of the passenger’s original flight; and (3) 400% of the fare to the passenger’s destination or first stopover, with a maximum of $1,350, if the carrier does not offer alternate transportation that is planned to arrive at the airport of the passenger’s destination or first stopover less than four hours after the planned arrival time of the passenger’s original flight.
      
      

      Table 87.1- Denied Boarding Compensation
      0 to 1 hour arrival delay	No compensation
      1 to 4 hour arrival delay	200% of one way fare (but no more than $675)
      Over 4 hours arrival delay	400% of one way fare (but no more than $1,350)

      
      In addition to the denied boarding compensation specified in this rule, HA shall refund all unused ancillary fees for optional services paid by a passenger who is voluntarily or involuntarily denied boarding. The carrier is not required to refund the ancillary fees for services that are provided as part of the passenger's alternate transportation.
      
      NOTE: At the passenger's option, the carrier may compensate the passenger with a travel credit valid for transportation instead of monetary compensation. The offer of free transport would be equal to or greater than the monetary compensation due. The Travel Credit is nontransferable, has no refund value, and may be voluntarily rerouted and reissued by the issuing carrier only.
   3. Time of Offer of Compensation
      The offer of compensation will be made by the carrier on the day and at the place where the failure to provide confirmed reserved space occurs, and, accepted by the passenger. Provided, however, that when the carrier arranges, for the passenger's convenience, alternate means of transportation that departs before the time the offer can be made to the passenger, the offer will be made by mail or other means within 24 hours after the time the failure occurs.