If you are involuntarily denied boarding--commonly known as being "bumped"--on a Hawaiian Airlines flight due to overbooking, you are entitled to compensation under United States federal law, provided you met the airline's check-in and boarding deadlines. According to U.S. Department of Transportation (DOT) regulations, the airline must first ask for volunteers to give up their seats. If not enough volunteers come forward and you are bumped against your will, Hawaiian Airlines is required to provide you with a written statement of your rights and, in most cases, monetary compensation. The amount depends on how much later the airline's alternate transportation arrives at your destination compared to your original scheduled arrival.
What Controls the Issue
The primary regulation governing involuntary denied boarding for Hawaiian Airlines is 14 CFR Part 250, a federal rule established by the U.S. Department of Transportation (DOT). This rule applies to all flights by U.S. carriers and to foreign air transportation for flights departing from a U.S. airport.
While Hawaiian Airlines' own Contract of Carriage outlines their specific boarding priorities and procedures, they must comply with the minimum standards set by the DOT. These regulations ensure that passengers are not left without recourse when an airline sells more tickets than there are seats available on an aircraft.
Confirmed Compensation Rules
Under 14 CFR § 250.5, compensation is mandatory if the airline cannot get you to your destination within one hour of your original arrival time. The compensation is calculated based on the one-way fare to your final destination:
- Arrival within 1 hour: No compensation is required if the airline organizes alternate transportation that arrives at your destination within one hour of your original scheduled arrival.
- Short Delays (1--2 hours domestic, 1--4 hours international): You are entitled to 200% of your one-way fare.
- Long Delays (Over 2 hours domestic, over 4 hours international): You are entitled to 400% of your one-way fare.
The DOT applies maximum limits (caps) to these amounts, which are adjusted periodically for inflation. Hawaiian Airlines is required to offer this payment at the airport on the day the boarding is denied. If the airline arranges alternate transport that departs before the payment can be made, they must sent the payment within 24 hours.
Eligibility and Exclusions
To be eligible for involuntary denied boarding compensation, you must have a confirmed reservation and have complied with Hawaiian Airlines’ check-in and boarding gate deadlines.
There are specific scenarios where the airline is not required to pay compensation even if you are denied boarding:
- Aircraft Swaps: If the airline substitutes a smaller plane for the one scheduled for operational or safety reasons.
- Weight and Balance: On aircraft with 60 or fewer seats, if bumping is necessary for safety reasons related to weight or balance.
- Late Check-in: If you fail to meet the airline’s check-in deadline or are not at the boarding gate on time.
- Voluntary Bumping: If you accept an incentive (such as a travel voucher or cash) to give up your seat voluntarily, you waive your right to the mandatory involuntary compensation.
Comparison of Denied Boarding Scenarios
| Scenario | Compensation Required? | Amount (Percentage of Fare) |
|---|---|---|
| Arrival < 1 hour late | No | 0% |
| Domestic Delay 1--2 hours | Yes | 200% (up to DOT cap) |
| Domestic Delay > 2 hours | Yes | 400% (up to DOT cap) |
| International Delay 1--4 hours | Yes | 200% (up to DOT cap) |
| International Delay > 4 hours | Yes | 400% (up to DOT cap) |
| Safety-related aircraft swap | No | N/A |
Practical Checklist for Bumped Passengers
If you are told you cannot board your flight, follow these steps to secure your rights:
- Request the Written Notice: Ask the gate agent for the "Notice of Denied Boarding" which explains your rights and how the airline determines who is bumped.
- Verify the Arrival Time: Ask for the scheduled arrival time of the alternate transportation the airline is offering.
- Request Immediate Payment: If you are eligible, the airline should provide you with a check or electronic payment at the airport.
- Keep Your Original Ticket: You have the right to keep your original ticket and use it on the alternate flight provided, or request a refund for the unused portion of your ticket in addition to the denied boarding compensation.
- Document Everything: Keep copies of your boarding pass, the written notice provided by the airline, and any receipts for expenses incurred due to the delay.
FAQ
Can I choose between a voucher and cash? Yes. While airlines often offer travel vouchers, if you are bumped involuntarily, you have the right to insist on a check or electronic payment. You are not required to accept a voucher.
Does this apply to flights from Hawaii to the mainland? Yes. These rules apply to all domestic flights within the United States, including those between Hawaii and the U.S. mainland.
What if I am bumped from a flight departing a European airport? If your Hawaiian Airlines flight is departing from an airport in the European Union or the United Kingdom, you may also be protected by EC 261/2004 or UK261 regulations, which have different compensation structures.
Who do I contact if Hawaiian Airlines refuses to pay? If you believe you were unfairly denied compensation, you should first file a formal claim through the Hawaiian Airlines Help Center. If the issue is not resolved, you can file a consumer complaint with the U.S. DOT Office of Aviation Consumer Protection.