Rule 20: Liability and Claims
 
  1. SOLE NEGLIGENCE AND WILLFUL MISCONDUCT ONLY.We are not liable to you for your death, injury, delay, loss or other damage 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. ADDITIONAL LIABILITY LIMITATIONS AND EXCLUSIONS.
  1. Limitations on Liability; Required Notices.These additional limitations on liability and notice requirements apply to baggage and personal property:
    1. Maximum Dollar Amount.Our liability for the loss of, damage to or delay in delivery of your baggage or personal property, when it has been checked with us, is limited to $3,500 per ticketed passenger. 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”).
    2. Special Rules When Travel Includes Other Carriers.When transportation is on one or more carriers with a liability limitation exceeding $3,500 for each fare-paying passenger and the responsibility for any loss, damage, or delay in the delivery of baggage cannot be determined, the total liability limitation of $3,500 for any ticketed passenger 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. Baggage and Property Carried in the Aircraft Cabin.We assume no responsibility or liability for baggage or other items carried with you in the cabin of our aircraft.
    4. Required Notices.In the case of loss of, damage to or delay in delivery of any of your baggage or personal property:
      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, or was to be, transported. The date of that flight’s arrival is referred to as the “Claim Date.”
      2. You must deliver to the attention of Hawaiian Corporate Offices at 3375 Koapaka Street, Suite G-350, Honolulu, HI96820-0008, a written itemization of your Claim and the facts and circumstances that give rise to your Claim within thirty (30) days the Claim Date; and
      3. If we have not otherwise fully settled your Claim, you must have initiated any legal action with respect to your Claim within one (1) year following the Claim Date.

        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.

  2. Wheelchairs and Other Assistive Devices.
    1. The baggage liability limits of Sections (E)(1)(a) and (E)(1)(b) of this Rule 20 do not apply to claims for loss, damage or delay concerning wheelchairs or other assistive devices. However, the notice requirements of Section (E)(1)(d) of this Rule 20 does apply.
    2. 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. 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. Exclusions from Liability:
  1. Rule 18: Checked Baggage.Please see Rule 18: Checked Baggage for additional liability exclusions and limitations.
  2. 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 Claims 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.
  3. Inherent Defect or Poor Quality.We are not liable for the destruction, loss, or damage of any baggage caused by its inherent defect or poor quality.
  4. Fair Wear and Tear and Ordinary Handling.We are not liable for any damage arising from the fair wear and ordinary handling of baggage that results in scratches, scuffs, punctures, dents, stains and marks, and minor cuts for example.
  5. Previously Damaged Baggage.We are not liable for any previously damaged baggage.
  6. Attached Items.We are not liable for loss 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.
  7. Interline Exclusions.We are not liable for the loss, damage 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.
  8. Pets and Animals.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 governmental regulations and restrictions, including furnishing valid health and rabies vaccination certificates when required.