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Rule 90: Refunds
 
  1. General
    Refund by carrier for an unused ticket or portion thereof, exchange order or miscellaneous charges order will be made in accordance with the following conditions when Hawaiian is the merchant of record, except as otherwise provided in paragraph (F) of this rule.
    1. Persons requesting refund must surrender to carrier all unused flight coupon(s) of the ticket, exchange order or miscellaneous charges order.
    2. Carrier will refuse refund on a ticket which has been presented to government officials of a country or to carrier as evidence of intention to depart there from unless the passenger establishes to the carrier's satisfaction that he has permission to remain in the country or that he will depart there from by another carrier or conveyance.
    3. Carrier shall make all or any individual refunds through its general accounting offices of regional sales or accounting offices, and require prior written applications for refunds to be prepared by passengers on special forms furnished by carrier.
  2. Currency
    All refunds will be subject to government laws, rules, regulations, or orders of the country in which the ticket was originally purchased and of the country in which the refund is being made. Refunds will be made subject to the following provisions:
    1. Voluntary refunds of tickets, miscellaneous charges orders, or deposit receipts purchased in currency other than U.S. dollars shall be made in currency used for such purpose, and in country where such purchase was made.
    2. Voluntary refunds of tickets, miscellaneous charges orders, or deposit receipts purchased in U.S. dollars may be made in U.S. dollars or local currency in any country provided such refund is not prohibited by local governmental exchange control regulations at point of refund.
    3. Refunds of tickets for Schedule Irregularities, miscellaneous charges orders, or deposit receipts shall be made in the currency used for such purchase and in the country where such purchase was made, whenever possible. However, U.S. dollars refunds may be made on request of passenger provided refund in such currency is not prohibited by local governmental exchange control regulations.
    4. Refunds of tickets, miscellaneous charges orders, or deposit receipts purchased in currency other than U.S. dollars will only be made in an amount equal to the amount due in the currency in which the fare or fares for the flight covered by the ticket as originally issued was collected (see also Rule 75(D)).
  3. Person to whom refund is made carrier will refund in accordance with this rule to the person named as the passenger on the ticket, except as provided below:
    1. Ticket refund will be made for tickets issued as described in Column A and only to the purchaser described in Column B below:
      Column A
      Column B
      Against a transportation request issued by a government agency
      The subscriber against whose account the ticket was charged
      Tickets for transportation issued against a credit card referred to in credit plan tariff no. cp-1, nta(a) no. 43, issued by airline tariff publishing company, agent
      The government agency that issued the transportation request the account of the person to whom such credit card has been issued
    2. If, at the time of purchase, the purchaser designates on the ticket another person to whom refund shall be made, refund will be made to the person so designated. A refund made in accordance with this procedure to a person representing himself as the person so designated in the ticket, exchange order or miscellaneous charges order will be deemed a valid refund and the carrier will not be liable to the true passenger for another refund.
  4. Refunds for any cancellation or Significantly Delayed or Changed Flight
    1. In the event the passenger is prevented from or chooses not to fly because of a cancellation, Significantly Delayed or Changed Flight, or under conditions prescribed in "acceptance of children" provisions of Rule 25, the passenger is entitled to a refund.
    2. The amount of the refund will be as follows:
      1. When no portion of the trip has been made, the amount of refund will be the fare and charges paid.
      2. When a portion of the trip has been made, the amount of refund will be computed as follows:
        1. Either an amount equal to the one-way fare less the same rate of discount, if any, that was applied in computing the original one-way fare (or on round trip or circle trip tickets, one half of the round trip fare) and charges applicable to the unused transportation from the point of termination to the destination or stopover point named on the ticket or to the point at which transportation is to be resumed, via:

          (aa) The routing specified on the ticket, if the point of termination was on such routing; or

          (bb) The routing of any carrier operating between such points, if the point of termination was not on the routing specified on the ticket; in such case the amount of refund will be based on the lowest fares applicable between such points; or
        2. The difference between the fare paid and the fare for the transportation used, whichever is higher.
    3. Communications Expenses
      Any communication expenses paid by the passenger in accordance with rule 60 will be refunded, or if such expense has not been collected by carrier, its collection will be waived, except as otherwise provided in Rule 25; provided, however, that the passenger will be required to pay for any communications pertaining to his own arrangements necessitated by such involuntary cancellation.
    4. Time limitation for refund requests refund will be made provided that the unused coupons are surrendered to carrier within two (2) years after the expiration date of the validity of the ticket.
  5. Voluntary Refunds
    1. The term "voluntary refund," for the purpose of this paragraph, shall mean any refund of a ticket or portion thereof other than a for a cancellation or Significantly Delayed or Changed flight.
    2. Amount of Voluntary Refund
      When any ticket coupons have been used, the amount of voluntary refund will be an amount equal to the difference between the fare and charges applicable to the ticket issued to the passenger and the fare and charges applicable to the transportation of the passenger covered by the used portion of the ticket.
    3. Time Limitation for Refund Request
      Refund will be made in accordance with (1), (2) and (3) above provided application therefore has been made not later than two years after expiration of the ticket.
    4. For all voluntary refunds made on fully refundable type tickets, an administrative service charge of $100.00 USD will apply.
    5. When flight changes are requested due to death or hospitalization of the passenger, a member of the passenger’s immediate family (traveling or not) or a traveling companion, HA Consumer Affairs Office will refund date change fees with a maximum of $200 per person in cases of certified death of an immediate family member or hospitalization of passenger or immediate family member as defined in Rule 001 of this tariff. Fare difference will not be refundable due to death or hospitalization. Medical Documentation or Death Certificate must be sent to: HA Consumer Affairs, PO Box 30008, Honolulu, HI 96820, or faxed to (808) 838-6777.
  6. Lost tickets, Miscellaneous Charges Orders, Deposit Receipts and Lost or Significantly Delayed Baggage
    the following provisions will govern refund or replacement of lost tickets, etc., or unused portions thereof.
    1. Time Limitation for Refund Request
      1. Subject to rule 90(a)(1), carrier will refund a lost ticket or lost portion thereof upon receiving written request for refund from the passenger.

        Note: Written request for refund must be made not later than one month after the expiration date of the lost ticket.
      2. Carrier will refund a lost ticket or lost portion thereof in not less than four months after receipt of satisfactory proof of loss.
    2. Basis for Refund
      Refund will be made on one of the following basis, whichever is applicable:
      1. If no portion of the ticket has been used
        1. If the passenger has not purchased a replacement ticket, refund will be the full amount of the fare paid.
        2. If the passenger has purchased a replacement ticket, the carrier that issued the original ticket will refund to the passenger the fare paid for such replacement ticket.
      2. If a portion of the ticket has been used
        1. If the passenger has not purchased a replacement ticket, refund will be an amount equal to the difference, if any, between the fare paid and the applicable fare between the points between which the ticket has actually been used.
        2. If the passenger has purchased a replacement ticket, the carrier that issued the original ticket will refund the fare paid for such replacement ticket.
      3. The refunds described in paragraphs (a) and (b) above, shall be subject to any expenses incurred by the carrier as a result of such loss.
    3. The foregoing provisions for lost tickets shall also apply to lost exchange orders, deposit receipts.
    4. Service Charge
      Unless otherwise provided for in specific fare types, carrier will impose a service charge in U.S. or Canadian dollars as indicated in the table below or the equivalent in other than U.S. or Canadian dollars converted by the banker's buyers rate, per ticket, for handling such request for refund or replacement of a lost ticket or exchange order.

      Service Charge
      Lost Ticket Replacement Ticket
      USD 100.00 –

      Exception: No service charge will be imposed for military passengers when transportation is paid with a U.S. government transportation request (form no. 1169).
    5. Application and conditions for refund
      1. Form of Application
        Application must be made on forms prescribed by carrier for such refunds.
      2. Conditions for Refund
        1. When Payable
          Refund will be made upon receiving application for such refund, subject to (ii) and (iii) below.
        2. Previous Use or Refund
          Refund will be made only provided that the lost ticket or lost portion thereof has not previously been honored for transportation or refunded to any person.
        3. Indemnity
          Carrier will make such refund only provided that the person to whom refund is made agrees, in such form as may be prescribed by the carrier, to indemnify carrier for any loss or damage which it may sustain by reason of such refund.
    6. Delayed Checked Baggage
      If we collected baggage fees for any of your checked bags and one or more of those bags are lost, or is a significantly delayed checked bag as defined in 14 CFR §260.2 and the carrier that operated the last segment of the itinerary at your destination airport fails to reunite you with them within 15 hours of you being provided the opportunity to deplane after the last flight segment’s arrival for international itineraries with a non-stop flight segment between the United States and a foreign point that is 12 hours or less in duration and within 30 hours of the last flight segment’s arrival for international itineraries with a non-stop flight segment between the United States and a foreign point that is more than 12 hours in duration, we will refund any fee charged for transporting the lost or significantly delayed checked bag provided that you file a Mishandled Baggage Report (MBR). If a travel agent collected the baggage fees, and we operated the last segment of your itinerary, we will refund any baggage fees for lost or significantly delayed checked bags provided that you file an MBR. However, Hawaiian is not responsible for refunding any baggage fees for any Significantly Delayed Bag related to (i) any failure to pick-up and recheck your baggage at the first international entry point into the U.S., (ii) any failure to pick up your baggage where you are at fault, (iii) your voluntary agreement to travel separately from your baggage or (iv) if another carrier operated the last flight and does not tell us that the bag is lost or significantly delayed. Hawaiian is also not responsible for refunding any baggage fees collected by another carrier.
  7. Notwithstanding the provisions of this rule, carrier will not accept for any purposes under this rule passenger tickets or related transportation documents issued by any carrier which is in substantial default of its interline obligations or which voluntarily or involuntarily has become the subject of bankruptcy proceedings.