Rule 5: Application of Tariff
 
  1. General
    1. This tariff shall apply to carriage of passengers and baggage, and to all services incidental thereto, performed by HA under local fares, rates and charges and by HA in conjunction with other participating carriers under joint fares, rates and charges contained in tariffs which make specific reference to this tariff for governing rules, regulations and conditions of carriage.
    2. Where HA is specifically named in any rule contained herein such rule applies to local carriage via HA and to carriage via HA in conjunction with other participating carriers named in such rule.
    3. Except as otherwise provided, charges or monetary amounts shown herein in dollars or cents are stated in terms of lawful U.S. currency. Charges or monetary amounts are also stated in terms of lawful Canadian currency whenever so indicated directly in connection therewith.
    4. International transportation shall be subject to the rules relating to liability established by, and to all other provisions of the convention for the unification of certain rules relating to international transportation by air, signed at Warsaw, October 12, 1929, or such convention as amended, whichever may be applicable to the transportation hereunder. Any provision of these rules which is inconsistent with any provision of said convention shall, to that extent, but only to that extent, be inapplicable to international transportation.

      Note: rules stating any limitation on, or condition relating to, the liability of carriers for personal injury or death are not permitted to be included in tariffs filed pursuant to the laws of the United States, except to the extent provided in Rule 55(b)(1). Any such limitation or condition in any rule herein is not a part of this tariff, except to the extent provided in Rule 55(b)(1) filed with the Civil Aeronautics Board of the United States. Nothing in this tariff modifies or waives any provision of the convention.
    5. Except as otherwise provided below, fare rule provisions, local or joint fares, including arbitraries contained in the on-line tariff database maintained by airline tariff publishing company, agent on behalf of ha are considered to be part of this tariff.
    6. Federal law preempts state and local laws, regulations, and other provisions, including common law duties associated with your contract with Hawaiian, related to rates (fares), routes, or services of an air carrier. To the extent a state or political subdivision thereof makes the incorporation of common law duties in contracts optional, HA and the passenger agrees that this contract does not incorporate any common law duties.
  2. Gratuitous Carriage
    With respect to gratuitous carriage, carrier reserves the right to exclude the application of all or any part of this tariff.
  3. Change Without Notice
    Except as may be required by applicable laws, government regulations, orders and requirements, carrier's rules, regulations and conditions of carriage are subject to change without notice; provided, that no such change shall apply to a contract of carriage after the carriage has commenced.
  4. Effective Rules, Fares and Charges
    All carriage of passengers and/or baggage shall be subject to the carrier's rules, regulations, and tariffs in effect on the date of commencement of carriage covered by the first flight coupon of the ticket.
    1. When the fares or charges collected are not the applicable fares or charges, the difference will be refunded to or collected from the passenger as may be appropriate.
    2. If after a ticket has been issued and before any portion thereof has been used, either a decrease in the fares or charges applicable to the transportation shown on the ticket becomes effective, or a new fare for which the passenger can qualify is added between the points shown on the ticket, the amount of the difference in fares will be provided only in the form of a travel credit, provided:
      1. There is no change in origin, destination, stopover points, flights, dates shown on the original ticket, or on any ticket issued in exchange for the original ticket.
      2. Subsequent to the decrease in fares or charges or the addition of a new fare, all conditions of the decrease fares or charges of the new fare are met, including booking code and advance reservations and ticketing requirements.
      3. This rule will only apply to tickets purchased through Hawaiian Airlines Reservations Department or sold on Hawaiian Airlines Web Site HawaiianAir.com, and does not apply to fares purchased as part of travel packages.
      4. An administrative service charge of USD $40.00 will apply for all tickets presented for one-time exchange.

      Exception: (applicable only for local and joint transportation originating in Area l or in Micronesia.) no increase will be collected in cases where the ticket has been issued prior to the effective date of a tariff containing an increase in the applicable fare, effected through a change in fare level, a change in conditions governing the fare, or a cancellation of the fare itself, provided:
      1. The originating international flight coupon of the ticket was issued for a specific flight at the fare contained in a tariff lawfully in effect on the date of ticket issuance (determined by the validation stamped or imprinted on the ticket.
      2. The originating international flight shown on the ticket is not voluntarily changed at the passenger's request subsequent to the effective date of any increase in the applicable fare.
      3. Flights other than the originating international flight are not voluntarily changed to reflect a revised routing via which the original fare charged would not have been applicable.
      4. This provision shall apply only to the passenger to whom the ticket was originally issued.
  5. Percentage of Fares or Charges
    When rules or provisions in this tariff, or tariffs governed hereby, provide for the application of fares and charges based upon percentages of other fares and charges, such proportionate fares and charges will be determined in accordance with the percentage conversion table of this tariff.
  6. Reference to tariffs, pages, rules, items and notes are continuous and include revisions, supplements thereto and reissues thereof.
  7. No employee of the carrier has the authority to alter, modify or waive any provision of the contract of carriage or of this tariff. Carrier appointed agents and representatives are only authorized to sell tickets for air transportation pursuant to approved fares, rules and regulations of carrier. This rule supersedes any conflicting provision contained in the contract of carriage.
  8. Overriding law (applicable for transportation to, from, or via a point(s) outside the U.S.A.) insofar as any provision contained or referred to in the ticket or in this tariff may be contrary to mandatory law, government regulations, orders, or requirements, such provision shall remain applicable to the extent that it is not over-ridden thereby. The invalidity of any provision shall not affect any other part.
  9. Misfiled Fares
    HA, as a policy, does not file nor intend to offer/file tickets priced substantially lower than the intended ticket price for the class of service being sold. Essentially, such fares do not make any economic sense. HA has introduced warning mechanisms to try to prevent such occurrences; however, occasionally fares such as these are mistakenly offered or filed. Agents/customers should be aware that in these circumstances they are not allowed to ticket at these fares and HA will not honor such fares. In the event a ticket is inadvertently sold on a mistakenly offered or filed fare, HA may choose to void such ticket in its sole discretion.
  10. HA reserves the right to charge the passenger for reimbursement of repair and/or cleaning costs incurred as a result of actions by that passenger during transport on HA.