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
   For the purpose of this rule, definitions, of the following terms are as indicated:
   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 (by an airline licensed by the c.a.b.) or other transportation used by the passenger which, at the time the arrangement is made, is planned to arrive at the passenger's next scheduled stopover (of 4 hours or longer) or final destination no later than 4 hours after the passenger's originally scheduled arrival time.
   3. Carrier means (a) a direct air carrier, except a helicopter operator, holding a certificate issued by the board pursuant to section 401(d)(1), 401(d)(2), 401(d)(5) or 401(d)(8) of the act or an exemption from section 401(a) of the act, authorizing the transportation of persons or (b) a foreign route air carrier holding a permit issued by the board pursuant to section 402 of the act or an exemption from section 402 of the act, authorizing the scheduled foreign air transportation of persons.
   4. Comparable air transportation means transportation provided to passengers at no extra cost by a carrier as defined above.
   5. 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 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.
   6. Large aircraft means any aircraft that has a passenger capacity of more than 60 seats.
   7. Stopover means a deliberate interruption of a journey by the passenger, scheduled to exceed four hours, at a point between the place of departure and the place of destination.
   8. Sum of the values of the remaining flight coupons means the sum of the applicable one-way fares, including any surcharges and air transportation taxes, less any applicable discounts.
   9. Ticket lifting point/boarding area means the point where the passenger's flight coupon is lifted and retained by the carrier.
2. Request for Volunteers
   (applicable for flights originating in the U.S.A.) 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 that there was a possibility of being denied boarding involuntarily and of the amount of compensation to which he would have been entitled in that event. The request for volunteers and the selection of such persons to be denied space shall 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 credit valid for the purchase of transportation in lieu of monetary compensation. The credit shall be valid for travel only on the carrier within 365 days from the date of issue and will apply only to on-line transportation via the carrier, may not be endorsed to or accepted by any other carrier and shall not be refundable, to salable by, transferable by, or assignable by the passenger.
3. Boarding Priorities
   If a flight is oversold (more passengers hold confirmed reservations than there are seats available), no one may be denied boarding against his will until the carrier personnel first ask for volunteers who will give up their reservations willingly, in exchange for a payment of the carrier's choosing. If there are not enough volunteers, other passengers may be denied boarding involuntarily, in accordance with the boarding priority of the carrier. The boarding priorities for the carrier are provided below.
   
   Note: the boarding priorities as presented below will appear in the notice provided passengers denied boarding (see paragraph (F) below). In the event the flight is known to be oversold while still in the process of passenger check-in, the passengers shall be accepted for the flight in the order of "check-in". In the event the flight is known to be oversold only after boarding, the passengers shall be accepted for the flight in the order of boarding.
   
   Exception: if any seats are made available by persons willing to voluntarily relinquish their seats, passengers who are physically handicapped, unaccompanied children under 12 years of age, aged or infirmed (to an extent that failure to carry would in the carrier's opinion cause a severe hardship) will be offered the available seats regardless of the order of check-in or boarding. Passengers within these categories will be accepted in the order of check-in or boarding.
4. Transportation
   Transportation for passenger denied boarding when the carrier is unable to provide previously confirmed space, the carrier 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 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
   Compensation for involuntary denied boarding in addition to providing transportation as described in paragraph (B) above, when the passenger who is delayed has not voluntarily relinquished confirmed reserved space in accordance with provisions in paragraph (A) above, the carrier 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 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 him.
         
         Exception 1: the passenger will not be eligible for compensation if the flight on which he holds confirmed reserved space is unable to accommodate him because of substitution of equipment of lesser capacity when required by operational or safety reasons.
         
         Exception 2: the passenger will not be eligible for compensation if he is offered accommodations or is seated in a section of the aircraft other than that specified on his ticket at no extra charge. If a passenger is seated in a section for which a lower fare applies the passenger shall be entitled to an appropriate refund.
         
         Exception 3: the passenger will not be eligible for compensation if his reservation has been cancelled pursuant to Rule 60 (F)--airport check-in time limits.
         
         Exception 4: the passenger will not be eligible for compensation when the carrier is able to accommodate the passenger on another flight or flights that are planned to arrive at the passenger's next stopover or, if none, final destination within one hour after the scheduled arrival time of the passenger's original flight or flights.
         
         Exception 5: employees and/or family of the carrier or other carriers traveling on reduced rate basis are not eligible for denied boarding compensation.
         
         Note: the carrier will inform its passengers of its tariff rules concerning check-in time limits by publication in its public timetables and ticket envelopes, and that failure to comply with these rules will result in the cancellation of the passenger's reservation and will render him ineligible for denied boarding compensation.
   2. Amount of Compensation
      Subject to the provisions of paragraph (D)(1) above, the carrier will tender liquidated damages in the amount of 200 percent of the sum of the values of the passenger's remaining flight coupons of the ticket to the passenger's next stopover, or if none, to his destination, with a maximum of $400.00 (U.S. currency). However, the compensation shall be 50 percent of the amount described above, with a maximum of $200.00 (u.s. currency) if the carrier arranges for comparable air transportation, or for other transportation that is accepted, that is, used by the passenger, which, at the time either arrangement is made, is planned to arrive at the airport of the passenger's next stopover, or if none, at the airport of the passenger's destination in the case of interstate and overseas air transportation, not later than two hours after, or in the case of foreign air transportation, not later than four hours after the planned arrival at the airport of the passenger's next point of stopover, or, if there is no next point of stopover, at the airport of the passenger's destination, of the flight on which the passenger holds a confirmed reservation. At the passenger's option, the carrier may compensate the passenger with credit valid for transportation instead of monetary compensation. The offer of free transportation would be equal to or greater than the monetary compensation due. The credit voucher is nontransferable, has no refund value, and may be voluntarily rerouted and reissued by the carrier only. If the offer of compensation is made by the carrier and accepted by the passenger, such payment will constitute full compensation for all actual or anticipatory damages incurred or to be incurred by the passenger as a result of the carrier's failure to provide passenger with confirmed reserved space.
   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, if accepted, will be receipted for by the passenger. provided, however, that when the carrier arranges for the passenger's convenience, alternate means of transportation that departs prior to the time the offer can be made to the passenger, the offer shall be made by mail or other means within 24 hours after the time the failure occurs.
6. Notice Provided Passengers
   The following written notice shall be provided all passengers who are denied boarding involuntarily on flights on which they hold confirmed reserved space. The blank that appears within parenthesis in the notice below will be completed in the actual notice provided passengers, with specific boarding priorities for the carrier.
   
   Note: for the purpose of this rule, specific boarding priorities for the carrier is provided in paragraph (C) above. Compensation for denied boarding: if you have been denied a reserved seat on Hawaiian Airlines, you are probably entitled to monetary compensation. This notice explains the airlines, obligations and the passenger's rights in the case of an oversold flight, in accordance with regulations of the u.s. civil aeronautics board.
   
   Volunteers and Boarding Priorities:
   If a flight is oversold (more passengers hold confirmed reservations than there are seats available), no one may be denied boarding against his or her will until airline personnel first ask for volunteers who will give up their reservations willingly, in exchange for a payment of the airline's choosing. If there are not enough volunteers, other passengers may be denied boarding involuntarily, in accordance with the following boarding priority of Hawaiian Airlines.
   
   Compensation for Involuntary Denied Boarding:
   If you are denied boarding involuntarily, you are entitled to a payment of "denied boarding compensation" from the airline unless (1) you have not fully complied with the airline's ticketing, check-in, and reconfirmation requirements, or you are not acceptable for transportation under the airline's usual rules and practices; or (2) you are denied boarding because the flight is cancelled; or (3) you are denied boarding because a smaller capacity aircraft was substituted for safety or operational reasons; or (4) you are offered accommodations in a section of the aircraft other than that specified in your ticket, at no extra charge. (a passenger seated in a section for which a lower fare is charged must be given an appropriate refund.); or (5) the airline is able to place you on another flight or flights that are planned to reach your final destination within one hour of the scheduled arrival of your original flight.
   
   Amount of Denied Boarding Compensation:
   Passengers who are eligible for denied boarding compensation must be offered a payment equal to the sum of the face values of their ticket coupons, with a $200.00 maximum. However, if the airline cannot arrange "alternate transportation" (see below) for the passenger, the compensation is doubled ($400 maximum). The "value" of a ticket coupon is the one way fare for the flight shown on the coupon, including any surcharge and air transportation tax, minus any applicable discount. All flight coupons, including connecting flights, to the passenger's destination or first four-hour stopover are used to compute the compensation.
   
   "Alternate Transportation" is air transportation provided by an airline licensed by the C.A.B. or other transportation used by the passenger which, at the time the arrangement is made, is planned to arrive at the passenger's next scheduled stopover (of four hours or longer) or final destination no later than two hours for flights within the United States, including territories and possessions, or four hours for international flights after the passenger's originally scheduled arrival time.
   
   Method of Payment:
   The airline must give each passenger who qualifies for denied boarding compensation, a payment by check or draft for the amount specified above, on the day and place the involuntary denied boarding occurs. however, if the airline arranges alternate transportation for the passenger's convenience that departs before the payment can be made, the payment will be sent to the passenger within 24 hours. The air carrier may offer free tickets in place of cash payment. The passenger may, however, insist on the cash payment, or refuse all compensation and bring private legal action.
   
   Passenger's Options:
   Acceptance of the compensation may relieve Hawaiian Airlines from any further liability to the passenger caused by its failure to honor the confirmed reservation. However, the passenger may decline the payment and seek to recover damages in a court of law or in some other manner.