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Rule 20: Liability and Claims
 
  1. GENERAL RULES REGARDING OUR LIABILITY.
    1. Sole Negligence and Willful Misconduct Only. We are not liable to you for (i) personal injury or death; (ii) damage, loss or delay, of any baggage or goods; and (iii) any other damages of any kind, (collectively “damages”) arising out of or because of any flight or other services we provided, unless the damages are proven to have been caused by Hawaiian’s sole negligence or willful misconduct and you have not been contributorily negligent.
    2. Applicable Laws and Regulations. We are not liable to you for any damage arising out of our compliance with any laws, government regulations, orders, rules, requirements, or security directives, or because of your failure to comply with, or your reliance on us with respect to, any laws, government regulations, orders, rules, requirements, or security directives.
    3. Compensatory, Consequential, and Punitive Damages. We are not liable to you for any compensatory, consequential, or punitive damages arising out of or because of any flight or other services we provided, whether or not we had knowledge that such damages might occur.
    4. Our Agents and Representatives. Any limitations or exclusions of liability of Hawaiian shall apply to and be for the benefit of our agents, employees, vendors, and representatives acting within the scope of their employment, and to any person whose aircraft we use, and its agents, employees, or representatives acting within the scope of their employment.
    5. Class Action Waiver. You agree to waive any right to assert any claim against Hawaiian as a representative or member in any class or representative action. To the extent you are permitted by law or any court of law to proceed with a class or representative action against Hawaiian, you agree that neither you, nor any legal or other representative or person purporting to act on your behalf shall:
      (i) Be entitled to recover attorneys’ fees or costs associated with pursuing the class or representative action; and
      (ii) Submit a claim or otherwise participate in any recovery secured through the class or representative action. .
  2. SPECIFIC LIABILITY LIMITATIONS AND EXCLUSIONS.
    1. Checked Baggage. These additional limitations on liability and notice requirements apply to checked baggage:
      1. Maximum Liability. Other than for the refund of any baggage fees pursuant to 14 CFR Part 260, our liability for the loss of, damage to, or delay in delivery of your baggage, when it has been checked with us, is limited to $4,700 per ticketed guest, except as provided in Section (B)(2) below of this Rule 20. You are responsible for documenting and proving the actual value of any loss. Any reimbursement will be limited the actual loss for which you provide documented proof acceptable to us, less the value of any items which are excludable as stated below (the total amount of reimbursement sought by you for any alleged loss is referred to as your “Claim”). If your bag is delayed, we will pay reasonable expenses you incur while you wait for the delayed bag, e.g., the purchase of toiletries and a change of underwear. We require that you submit a claim and provide documentation such as sales receipts to back up the claims in order to be compensated. If your bag has not been returned to you within seven (7) days, we will treat it as a lost bag.
      2. Special Rules for Checked Baggage When Travel Includes Other Carriers. When transportation is on one or more carriers with a liability limitation not exceeding $4,700 for each fare-paying guest and the responsibility for any loss, damage, or delay in the delivery of baggage cannot be determined, the liability limitation of $4,700 for any ticketed guest is the total amount that will be applied across all carriers. When transportation is on Hawaiian and one or more carriers, we are not liable to you for any items in your baggage that the other carriers exclude in their rules from liability.
      3. Required Notices. In the case of loss of, damage to, or delay in delivery of any of your checked baggage:
        1. You must submit a preliminary notice of your Claim to us within four hours after the arrival of the flight on which the baggage or personal property was transported, or should have been, transported. The date of that flight’s arrival is referred to as the “Claim Date.”
        2. You must also deliver to the attention of Hawaiian Corporate Offices at P.O. Box 30008, Honolulu, HI96820, a written itemization of your Claim and the facts and circumstances that give rise to your Claim within thirty (30) days of the Claim Date.
        3. You must have initiated any legal action with respect to your Claim within one (1) year following the Claim Date if we have not otherwise fully settled it.

        NOTE: In the event you fail to meet any of the above deadlines with respect to your Claim (absent extraordinary circumstances to be determined in our sole discretion), you waive any rights to that Claim against Hawaiian.

      4. Baggage Retrieval. When, at your request, we voluntarily retrieve your baggage at the baggage claim area following your flight on a separate Ticket with a different air carrier and transport that baggage to your ultimate destination, because you did not claim the baggage from the first air carrier and recheck your baggage with us to your final destination. In this case, any alleged Claim shall instead be governed by the Release, Waiver, Indemnification and Hold Harmless Agreement you will be asked to sign, and which you are otherwise deemed to have agreed to be bound once we have retrieved your baggage.
      5. Inherent Defect, Poor Quality, or Unsuitability. We are not liable for the destruction, loss, or damage of any baggage caused by its inherent defect, poor quality, or unsuitability of such item(s) as checked baggage and/or the inadequacy of its packaging.
      6. Perishable Items. We are not liable for any loss of, damage to contents, or delay in the delivery of any perishable item(s).
      7. Fair Wear and Tear and Ordinary Handling. We are not liable for any damage arising from the fair wear and tear and ordinary handling of your baggage that results in scratches, scuffs, punctures, dents, stains and marks, and minor cuts, for example.
      8. Previously Damaged Baggage. We are not liable for any previously damaged baggage.
      9. Attached Items. We are not liable for loss of or damage to articles which are strapped, fastened, or otherwise secured to your checked baggage and which are not independently tagged and/or packaged. Such items include but are not limited to, sleeping bags, luggage racks, luggage carriers, and umbrellas.
      10. Interline Exclusions. We are not liable for the loss of, damage to, or delay in delivery of any baggage accepted by another air carrier for interline transfer to Hawaiian if the items are not acceptable for transportation as checked baggage pursuant to this Contract of Carriage.
      11. Exclusions from Liability. We are not liable for the loss of, damage to, or delay in delivery of any of the following items:
        1. antiques, artifacts, collectibles, and religious items;
        2. antlers;
        3. backpacks with aluminum frames, outside pockets, protruding straps, or buckles, or that otherwise not designed for travel, and sleeping bags and knapsacks made of plastic, vinyl, or other easily torn material;
        4. business equipment and business samples;
        5. portable multimedia players including, but not limited to, CD, DVD, and MP3 players;
        6. chinaware, glass, glassware, bottles, ceramics, pottery, and mirrors;
        7. computer hardware/software and electronic components/equipment;
        8. items checked in sacks or paper/plastic bags that do not have sufficient durability, do not have secure closures, or do not provide sufficient protection to the contents;
        9. items checked in corrugated/cardboard boxes, including cardboard boxes provided by us, except for items that otherwise would be suitable for transportation without the cardboard box;
        10. electronic and mechanical items, including cell phones, electronic games, televisions, radios amplifiers, speakers, hearing aids, and other related items;
        11. eyeglasses, binoculars, prescription and non-prescription sunglasses, and all other eyewear and eye/vision devices;
        12. flowers and plants;
        13. garment bags not designed for travel;
        14. irreplaceable items;
        15. items made of paper (e.g., advertising displays, blueprints, maps, manuscripts, business/personal documents, sketches, historical documents, photos, books, negotiable papers, securities, etc.);
        16. jewelry;
        17. keys;
        18. liquids, perfumes, alcohol/liquor;
        19. medicines and medical equipment (that are not assistive devices pursuant to 14 CFR 382.3);
        20. money, gift cards, and gift certificates;
        21. musical instruments (e.g., guitars, violins, violas, cellos, organs, harps, and drums);
        22. natural fur products;
        23. perishable items such as medicine, flowers, and food (e.g., fruits, vegetables, meats poultry, seafood, cheese, fresh or frozen foods of any kind, baked goods, dry ice, and tobacco);
        24. photographic/cinematographic/audio/video equipment, cameras, lenses, bulbs, and related items;
        25. precious metals/stones;
        26. science-related equipment (e.g. microscopes, oscilloscopes, meters, polygraph equipment, and other related or similar items);
        27. automotive tow bars;
        28. totally unprotected items such as tennis racquets and umbrellas, either individually checked or tied/strapped to the outside of luggage;
        29. recreational and sporting goods, including but not limited to, archery equipment, baseball equipment, boogie/kite/skim/speed/skate boards, bowling equipment, camping equipment, fencing equipment, golfing equipment, gymnastic equipment, hockey/lacrosse sticks, javelins, oars, paintball equipment, parachutes and parasails, pool cues, skating equipment, tennis equipment, water skiing/snow skiing/snowboards/wakeboards, hang gliding equipment, kayaks/canoes, personal human transporters, fishing rods, sculls, surfboards, windsurfing sailboards, vaulting poles, scuba diving masks and pressure gauges, scopes, and sporting trophies;
        30. silverware, knives, and swords;
        31. strollers, bassinets, and infant carrying seats;
        32. watches and other timepieces;
        33. works of art such as paintings and sculptures; and
        34. any other similar valuable property or irreplaceable property included in the guest’s checked or carry-on baggage with or without the knowledge of Hawaiian.
    2. Wheelchairs and Other Assistive Devices.
      1. Liability Limits Do Not Apply. The baggage liability limits of Sections (B)(1)(a) and (B)(1)(b) of this Rule 20 do not apply to claims for loss of, damage to, or delay of wheelchairs or other assistive devices. However, the notice requirements of Section (B)(1)(d) of this Rule 20 do apply.
      2. Proof of Loss/Damage; Option to Repair. In the case of a lost, damaged, or destroyed wheelchair or other assistive device, documentary proof of loss is required from you to process a claim for damages. If the wheelchair or other assistive device can be returned to you in the condition in which it was received by making reasonable repairs, we may make the repairs.
      3. Inspection Rights; Refusal to Transport. We have the right to inspect and document any pre-existing damage prior to accepting your wheelchair or other assistive devices as checked baggage. We reserve the right to refuse to transport large wheelchairs or other assistive devices that, due to the physical size of an aircraft compartment, cannot be carried upright safely without risk of serious damage to the wheelchair, or that would cause a load imbalance in a small baggage compartment and violate weight and balance safety requirements. In such a case, we will use reasonable efforts to assist you in identifying a flight using an aircraft that can accommodate your wheelchair.
    3. Carry-On Baggage and Property:We are not liable for loss of or damage to baggage or other items carried with you in the cabin of our aircraft
    4. Pets and Animals. We are not liable for the loss, illness, injury, or death of an animal as checked or carry-on baggage. We are not liable for any loss or expense resulting from your pet or animal being refused passage through any county, state, or territory due to your failure to comply with all Government Laws and restrictions, including furnishing valid health and rabies vaccination certificates when required.