Mokulele Flight Service, Inc. dba Mokulele Airlines
Toll Free (866) 260-7070
Revision 2.6 / 8August2016
TABLE OF CONTENTS
Transportation of passengers and baggage by Mokulele Flight Service, Inc. is subject to the following terms and conditions, in addition to any terms and conditions printed on or in any ticket, ticket jacket, or electronic (e-ticket) receipt, or if specified on any Internet site or published schedules. By purchasing a ticket or accepting transportation, the passenger agrees to be bound thereby. These terms and conditions apply to flights operated by Mokulele Airlines.
As used in this Contract of Carriage, the following terms, whether or not capitalized, shall have the meanings ascribed below:
|Adult||A person who has reached his/her eighteenth birthday as of the date of commencement of travel.|
|Animals||To include domestic pets (dogs and cats) as well as reptiles, birds and fish.|
|Baggage||Such reasonable articles, effects and other personal property of a ticketed Passenger as are reasonably necessary or appropriate for the wear, use, comfort or convenience of the Passenger in connection with the Passenger’s trip. Unless otherwise specified, it shall include both checked and unchecked baggage and property of the Passenger.|
|Baggage Check or Baggage Claim Tag||Those portions of the ticket or Baggage Tag that identify the carriage of a Passenger’s checked baggage and that are issued by the carrier as a receipt for the Passenger’s checked baggage.|
|Baggage Tag||A document issued by the carrier solely for identification of checked baggage, the portion of which is attached by the carrier to a particular article of checked baggage.|
|Cabin Baggage||Carry-On-Baggage that due to its size and nature requires the purchase of a seat on board the aircraft to transport the piece of baggage.|
|Calendar Month||The period from a day of one month going on to the corresponding day of the next month if such day exists; if not, then to the last day of the next month.|
|Calendar Week||A period of seven days starting at 12:01 a.m. Sunday and ending at midnight of the following Saturday, provided that when used in reference to service offered only once a week between points of travel, it shall mean a period of eight days commencing with 12:01 a.m. on the day the flight operates.|
|Carriage||Transportation of Passengers and their baggage by air or ground, either gratuitously or for payment.|
|Carrier||The carrier (air or ground) issuing the ticket and all carriers that carry or undertake to carry the Passenger and/or his baggage there under.|
|Carry-on Baggage||Baggage, other than Checked Baggage, carried on board an aircraft by a ticketed Passenger also known as unchecked baggage.Carry on baggage must weigh 15 pounds or less and be transported in the cabin with the passenger for our Hawai’i flights. Carry on baggage for guests traveling through airports with TSA screening will be considered “Gate check baggage”.|
|Certificate||A physical piece of paper with a set value towards transportation or discount on Mokulele Airlines, Inc.|
|Charter Flight||A flight where all seats are purchased by one entity to create a private flight.|
|Checked Baggage||Baggage that a ticketed Passenger has requested be carried by the carrier and for which the carrier has issued a Baggage Claim Tag to the Passenger.|
|Child||For ticketing purposes, a person who has reached his/her second birthday but not his/her 12th birthday as of the date of commencement of travel.|
|Circle Trip||Travel in which the point of origin is also the ultimate destination but is not a round trip because it involves at least one more stopover at another destination.|
|Codeshare Flight||A flight that is operated by one airline but jointly marketed by one or more different airlines.|
|Conjunction Ticket||Two or more tickets concurrently issued to a Passenger and which together constitute a single contract of carriage.|
|Consequential Damages||Damages which are the result of an act but are not direct or immediate.|
|Contiguous United States or Continental United States||The District of Columbia and all states of the United States other than Alaska or Hawaii.|
|Contract of Carriage||The terms and conditions contained in this document, as amended from time to time by the Carrier.|
|Country of Commencement of Transportation||The country from which travel on the first international sector takes place.|
|Country of Payment||The country where payment is made by the purchaser to the carrier or its agent. Payment by check, credit card or other banking instruments shall be deemed to have been made at the place where such instrument is accepted by the carrier or its agent.|
|Date of Transaction||The date of issuance of the ticket or receipt of payment.|
|Days||Full calendar days, including Sunday and legal holidays, provided that for the purposes of notification, the balance of the day upon which notice is dispatched shall not be counted; and that for purposes of determining the duration of a validity period, the balance of the day upon which the ticket is issued or the flight commenced shall not be counted.|
|Department of Transportation (“DOT”)||The United States Department of Transportation|
|Destination||The ultimate point of the Passenger’s journey as shown on the Ticket.|
|Educational Establishment||A school, academy, college, or university offering full time educational, vocational, or technical courses for a school year and does not include a commercial office, industrial or military establishment, or a hospital at which a student is serving an apprenticeship unless such apprenticeship is part of the school curriculum of the Educational Establishment at which the student is enrolled.|
|Fare Component||Each local currency fare (except Add-On-Fares) where more than one such fare is used in construction of the total fare for a journey.|
|First Class||When equipped, the forward most section of the aircraft cabin that offers larger passenger seating and legroom, normally at a higher fare than Main Cabin (Coach) passengers.|
|Flight Coupon||A portion of the Ticket that indicates travel points between which the coupon is good for carriage.|
|Frequent Flyer / Frequent Traveler Award Ticket||An award given to a customer that has earned or obtained enough credits by flying the required amount of segments on Mokulele Flight Service, Inc. or its partners to earn a roundtrip or one-way credit to be used for transportation on Mokulele Flight Service, Inc.|
|Gate Checked Luggage||Gate check luggage are bags classified as “carry on” luggage that must be tagged with a special tag by a Mokulele Airlines counter / gate agent. These bags will be screened by TSA at the Security Checkpoint and carried by the passenger to the airplane. Once ready to board, the passenger will then leave the bag by the stairs of the aircraft, and if properly tagged, will receive the bag upon deplaning at the next stop.|
|Gateway||The Passenger’s first point of arrival or last point of departure within a geographic locale.|
|Group||A reservation consisting of (normally) 10 or more passengers, dependant on the type of aircraft and seating capacity.|
|Half Round Trip Fare||Fifty (50) percent of a specified or constructed round trip normal or special fare. In the absence of a specified or constructed round trip normal fare, the one way normal fare is considered to be a half round trip normal fare. If a specified or constructed one way special fare may be doubled to establish a round trip special fare, the one way special fare is considered to be a half round trip special fare.|
|Historical Comments||The placement of internal notes or time stamp that cannot be deleted by an agent or employee of the airline.|
|IATA Rate of Exchange||The published rate of exchange issued by IATA from time to time.|
|Immediate Family Member||(By Mokulele Airlines Inc. definition) Spouse, children, step-children, foster children, legally adopted wards, son-/daughter-in-law, grandchildren, parents, step-parents, legal guardians, mother-/father-in-law, grandparents, brother/sister, stepbrother/sister, half-brother/sister, brother-/sister-in-law, aunts/uncles and nieces/nephews.|
|Infant||A person who has not reached his/her second birthday as of the date of commencement of travel.|
|Interline Transfer Point||Any point at which the Passenger transfers from the services of one carrier to the services of another carrier.|
|Interline Transportation||Carriage on the services of more than one carrier where carriers agree to accept each other’s tickets and baggage.|
|Interstate Transportation||Transportation between a point in any state of the United States and the District of Columbia and a point in any other state of the United States or the District of Columbia.|
|Intraline Transportation or Online transportation||Carriage solely over the services of a single air carrier.|
|Interisland||The transport between a group of islands that are not connected via land.|
|Journey||All travel included on a ticket or group of conjunction tickets.|
|Legal Guardian||One who legally has the responsibility of care and management of an infant/minor.|
|Local Currency Fares||Fares and related charges expressed in the currency of the Country of Commencement of Transportation.|
|Main Cabin||The cabin of a Mokulele Airlines, Inc. Cessna Grand Caravan.|
|Maximum Outside Linear Dimensions||The sum of the greatest outside length plus the greatest outside width, plus the greatest outside height.|
|Medical Certificate||A letter or form from the Passenger’s treating physician or hospital, where applicable, which must be signed and dated within one week of the first affected flight departure by the treating physician or hospital in the country where the illness or treatment arose and which certifies the nature of the Passenger’s illness and treatment.|
|Military Agencies||(By Mokulele Airlines Inc. definition) Departments of the U.S.A. (Army, Navy, Air Force, Marine Corps, Coast Guard); the respective academies of the Army, Navy, Air Force, Coast Guard, and the National Guard. The Reserve Officer Training Corps is not included.|
|Military Passenger||Military personnel of the Military Agencies who are on active duty status or who have been honorably discharged or retired from active military service.|
|Minor||A person who has reached his/her second birthday but not his/her 18th birthday as of the date of commencement of travel.|
|Miscellaneous Charges Order (“MCO”)||A document issued by a carrier or its agents evidencing the provision of services to the person named in such document.|
|MW||The 2 letter code assigned to Mokulele Flight Service, Inc. by IATA.|
|No Show||A customer that has failed to notify Mokulele of their inability to board the ticketed/booked flight within 10 minutes of departure.|
|Normal Fare||The full fare established for regular or usual service, the application of which is not dependent upon any limited period of ticket validity or other special circumstances. Unless otherwise herein specified, Normal Fares shall be considered to include the following: all year one-way, round trip, circle trip and open jaw trips, Economy Class, one-class Standard Service, Standard Services, Tourist/Coach Class service, Thrift Class service fares, and on season and off-season fares.|
|North America||The area comprised of Alaska, Canada, Continental U.S.A. and Mexico.|
|Non-Revenue||An entity traveling on a fee-waived basis on MW, or utilizing a service offered by MW that is not paying the normal fare.|
|Online Tariff Data Base||The remotely accessible, online version, maintained by the filer of (1) the Electronically filed tariff data submitted to the “official DOT tariff database,” and (2) the DOT approvals, disapprovals and other actions required by DOT.|
|Online Transfer Point||Any point at which the Passenger transfers from one service of a carrier to another service of the same carrier (bearing a different flight number).|
|Open-Jaw Trip||Travel which is essentially of a round trip nature but the outward point of departure and inward point of arrival and/or outward point of arrival and inward point of departure are not the same.|
|Operating Carrier||The administrating (operating) carrier of a codeshare flight.|
|Origin||The initial starting place of the journey.|
|Other Charges||Charges such as taxes, fees, etc., not to be shown in the fare construction box of the ticket, excluding excess baggage charges.|
|Oversold Flight||A flight where there are more Passengers holding valid confirmed tickets that check in for the flight within the prescribed check-in time than there are available seats.|
|Paperless||A non-IATA standard basis for issuing transportation on a paid reservation in lieu of a ticket number; the traveler will receive a 6 character “confirmation number” along with no balance due when a Paperless transaction is present.|
|Passenger||Any person, except members of the crew, carried or holding a confirmed reservation to be carried in an aircraft with the consent of the carrier.|
|Passenger Coupon||That portion of the ticket constituting the Passenger’s written evidence of the Contract of Carriage.|
|Premium Service||Premium Service is a special fare column on the Mokulele Airlines booking site in which the passenger shall purchase a fare that includes no change fees, a fully refundable fare prior to departure, and in some markets chauffeur service within 15 miles of the airport.|
|Prepaid Ticket Advice (“PTA”)||The notification between offices of a carrier or between carriers that a person has purchased and requested issuance of prepaid transportation for another person. Mokulele does not accept PTA’s.|
|Qualified Individual with a Disability||Any individual who has a physical or mental impairment that, on a permanent or temporary basis, substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such impairment. The phrases used in this definition are further defined in United States 14 CFR Part 382.3.|
|Rebooking||A change in date/time of reservation or other change not requiring ticket re-issuance.|
|Related Charges||Those charges to be shown in the fare construction box of the ticket, such as excess baggage charges.|
|Reroute||A change of routing, carriers, fares, class of service, flight or date from that originally provided on the ticket, but does not apply to open tickets.|
|Resident (“a Resident”)||A person whose usual residence is in a certain country, provided that a more restricted definition may apply under local law.|
|Revalidation||Any permissible change in flight reservations, as determined by the carrier, evidenced by the placement of a revalidation sticker or historical comments in a reservation.|
|Round-Trip||Travel from one point to another and return by any air route for which the same normal all year through one way fare of the same class applies from the point of origin, provided that this definition shall not apply to travel for which the same all year through one way fare is established, between two points, in either direction around the world.|
|Routing||The cities and/or class of service and/or type of aircraft via which carriage is provided by the carrier(s) between two points.|
|School Year||A period of twelve (12) consecutive months less whatever interruptions for vacations are normally granted by the educational establishment at which the student is enrolled, provided that where the official scholastic year is less than twelve (12) months, “School Year” shall mean not less than a six-month period less whatever interruptions for vacations are normally granted at the educational establishment at which the student is enrolled.|
|Sector or Segment||The portion of a journey covered by a single Flight Coupon.|
|Service Animals||Any guide dog, signal dog, or other animal trained to provide necessary assistance to a Qualified Individual with a Disability or, a trained animal that assists law enforcement officers in the search of contraband and or other items, or which provides assistance with rescue efforts.|
|Single Open Jaw||Travel that is essentially of a round trip nature, except that the outward point of arrival and inward point of departure are not the same or the outward point of departure and inward point of arrival are not the same.|
|Special Fare||A fare other than a normal fare.|
|Standby||Standby is defined as not receiving confirmation of a reservation or seat until 20 minutes prior to actual departure time of a flight; standby is not confirmed travel and is subject to space availability and limitations of the aircraft.|
|Stopover||A deliberate interruption of travel by the Passenger, agreed to in advance by the carrier, at a point between the place of departure and the place of destination. For International flights a Stopover will also be deemed to occur at an intermediate point from which the Passenger is not scheduled to depart on the date of arrival, but if there is no connecting departure scheduled on the date of arrival, departure on the next day within 24 hours of arrival shall not constitute a Stopover. If a portion of the routing is traveled by surface transportation, one Stopover shall be deemed to have been taken for such portion. For Domestic flights, a Stopover will also occur when a Passenger arrives at a point and fails to depart from such point on:· The first flight on which space is available; or· The flight that will provide for the Passenger’s earliest arrival at intermediate or junction transfer point(s) or destination point, via the carrier and class of service as shown on the Passenger’s Ticket, provided however, that in no event will a Stopover occur when the Passenger departs from the intermediate/junction point on a flight shown in the carrier’s official general schedule as departing within four hours after arrival at such point.|
|Surface Sector||Transportation by other than air between two intermediate points in a Fare Component.|
|Through Fare||A fare applicable for travel between two consecutive fare construction points via an intermediate point(s).|
|Ticket||The record of agreement, including electronic tickets, e.g., “Mokulele Electronic Tickets” or “e-Tickets,” for the carrier(s) to provide transportation and related services under certain terms and conditions to the Passenger named on the Ticket and in accordance with applicable governing tariffs and regulations.|
|Ticketed Point||Points shown in the “good for passage” section of the ticket plus any other point(s) used for fare construction and shown in the fare construction box of the ticket, provided that two flight numbers of two carriers such as for an interchange flight will not be permitted on one Flight Coupon.|
|Transfer||A change from the flight on one carrier to the flight of another carrier, or a change from the flight of a carrier to another flight of the same carrier bearing the same flight number, or a change from the flight of a carrier to another flight that is a service bearing a different flight number of the same carrier, irrespective of whether or not a change of aircraft occurs.|
|Transfer Point||Any point at which the Passenger Transfers.|
|Transit Point||Any stop at an intermediate point on the route to be traveled (whether or not a change of aircraft is made) which does not fall within the definition of a Stopover.|
|Trip in Vain||That transportation from a connection point is no longer available and the customer may opt, at no penalty, to return to their origination point, as long as the origination leg was on a MW operated aircraft & flight.|
|Unaccompanied Minor||(By Mokulele Airlines Inc. definition) Children/Minors 5 to 12 years of age when traveling alone or not accompanied on the same flight by a companion passenger at least 15 years of age or with a parent or Legal Guardian.|
|United States of America (or the “United States” or the “U.S.A.”)||Unless otherwise specified, the area comprised of the 48 contiguous states, the District of Columbia, Alaska, Hawaii, Puerto Rico, the U.S. Virgin Islands, American Samoa, Guam, Midway, and Wake Islands.|
|United States Department of Defense||The U.S.A. Department of the Army, Navy, Air Force, and the Marine Corps.|
|Upgrade||To change from one cabin class to the next higher cabin class with or without paying the full applicable change in fare.|
|Validate||A confirmation that the Ticket has been officially issued by the carrier.|
|Voucher||An electronic confirmation number storing a saved or prepaid value with varying parameters including exclusions to routes, dates, and customers.|
|Warsaw Convention||The Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Warsaw, October 12, 1929, or where applicable, that Convention, as amended, including without limitation, by the Protocol signed at The Hague on September 28, 1955.|
|Western Hemisphere||The area comprised of the Continental United States, Alaska, Hawaii, Puerto Rico, U.S. Virgin Islands, Canada, Greenland, Mexico, Central and South America, and the Caribbean Area.|
Rule 1. Application Of Contract
A. These Rules constitute the conditions of carriage upon which Mokulele Flight Service, Inc. dba Mokulele Airlines, Inc. (MW). MW agrees to provide Domestic Carriage as expressly agreed to by the Passenger. These Rules are also the tariffs filed by MW in accordance with certain government regulations. These terms and conditions apply to flights currently utilizing Cessna Grand Caravan aircraft.
B. This Contract of Carriage is subject to applicable laws, regulations, Rules, and security directives imposed by governmental agencies, including but not limited to those imposed during or as a result of a national emergency, war, civil unrest or terrorist activities. In the event of a conflict between the Rules contained herein and such government laws, regulations, Rules, security directives and their corresponding effects on MW’s operation, the latter shall prevail.
C. Whether a Ticket for transportation on MW was sold by MW or its authorized agents (including other carriers acting on behalf of MW), the Rules herein is applicable to transportation only on MW. Under arrangements with MW, independent carriers may provide Interline Transportation or codeshare services. Travel on those independent carriers is subject to the terms and conditions of the Contract of Carriage of the independent carriers, which may differ from MW’s Contract of Carriage.
D. International Carriage is subject to the Rules relating to liability and to all other provisions of the Warsaw Convention.
E. Except as otherwise provided within specific fare Rules, transportation is subject to the Contract of Carriage and charges in effect on the date on which the Ticket is issued. References to pages, Rules, items and notes are coterminous and include revisions, supplements and reissues thereof.
F. Where the Ticket has been purchased and issued before the effective date of an increase in the applicable fare, the increase will not be collected, provided there is no change in Origin, Destination, Stopover point(s), flight(s) or dates shown on the original Ticket. These provisions apply whether an increase results from a change in fare level, a change in conditions governing the fare, or a cancellation of the fare itself.
G. MW will be responsible for the furnishing of transportation only over its own lines. When MW undertakes to issue a Ticket, check baggage, or make any other arrangements for transportation over the lines of any other carrier (whether or not such transportation is part of a through service), MW will act only as agent for the other carrier and will assume no responsibility for the acts or omissions of such other carrier.
H. The terms and conditions specified in this Contract may be altered, amended, modified, appended, deleted, or otherwise changed without advance notice.
I. No employee or agent of MW has the authority to alter, modify, or waive any provision of the Contract of Carriage unless authorized by a corporate officer or General Manager of MW. MW’s appointed agents and representatives are only authorized to sell Tickets for air transportation pursuant to approved fares, Rules, and regulations of MW. Failure or delay on the part of either party to exercise any right or power herein shall not operate as a waiver thereof.
J. Unless specifically stated otherwise herein or required by law, including the Warsaw Convention, MW shall not be liable for any consequential, compensatory, indirect, incidental or punitive damages arising out of or in connection with the performance of its obligations under these Rules.
K. MW’s obligations hereunder extend only to the Ticketed Passenger. There are no third party beneficiaries to these Rules.
L. Except where provided otherwise by law, MW’s conditions of carriage, Rules and tariffs are subject to change without notice, provided that no such change shall apply to Tickets issued prior to the effective date of such change.
M. The invalidity of any provision herein by local law shall not affect the validity of any other provision that shall remain in full force and effect.
N. If MW makes arrangements for Passengers with any third party to provide any services other than carriage by air, or if MW issues a ticket or voucher relating to transportation or services (other than carriage by air) provided by a third party such as hotel reservations or car rental, MW acts only as Passengers’ agent in doing so. The terms and conditions of the third party service provider will apply.
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Rule 2. Applicable Law
These terms of transportation shall be interpreted and enforced in any court of competent jurisdiction, including a court within the jurisdiction of the passenger’s residence in the United States (provided that Mokulele Airlines, Inc. does business in that jurisdiction).
Rule 3. Our Customer Commitment
Mokulele Airlines, Inc. has established a program setting standards for service levels in the areas of fares, flight information, baggage, ticket purchase and refund, customers with special needs, onboard delays, oversales, codeshare partners, and complaint resolution. These commitments are incorporated into the applicable sections within this document.
Mokulele Airlines, Inc. has committed to:
- Offer the lowest fare for which the customer is eligible.
- Provide customers with accurate, timely information on flight delays, cancellations or diversions.
- Provide on time baggage delivery.
- Provide prompt ticket refunds where applicable.
- Properly accommodate passengers with disabilities and other special needs.
- Meeting the needs of and improving the handling of our Customers during long onboard and gate delays.
- Clearly disclose policies for customers with special needs.
- Provide basic information and policies about “oversold” flights, travel itineraries, cancellation policies, frequent flyer program Rules and aircraft configurations (when and where applicable).
- Require the same quality of service to our customers by our codeshare partners.
- Respond promptly to complaints or requests for information.
- Identify services provided by Mokulele to minimize inconvenience resulting from cancellations and misconnections.
Rule 4. Reservations Confirmation/Fare Quotes/Disclosures/Upgrades
A. A reservation for space on a given flight of MW is valid when the availability and allocation of such space is confirmed by MW or an authorized agent of MW. Bookings made via the website or any third-party site may not seek a refund after purchase of any nonrefundable fare once the reservation has been purchased. Subject to payment or other satisfactory credit arrangements, a validated Ticket will be issued by MW or the authorized agent of MW indicating such confirmed reserved space provided the Passenger applies to MW or the authorized agent of MW for such Ticket at least 30 minutes before the scheduled departure time of the applicable flight. Such reservation of space is subject to cancellation by MW without notice if the Passenger does not comply with this Rule.
- If the Passenger agrees to apply to MW or an authorized agent of MW for a validated Ticket indicating such confirmed reserved space by a specific time before the scheduled departure time of the applicable flight, such earlier time limit will be entered into MW’s reservation system and the reservation will then be subject to cancellation by MW without notice if the Passenger does not apply to MW or its authorized agent for a validated Ticket indicating the confirmed reserved space before the agreed specific time in advance of the scheduled departure of the applicable flight.
- Where other Rules, including fare Rules, provide for the issuance, validation, or purchase of a ticket within specific time limits, these specific time limits will apply.
C. Once a Passenger obtains a Ticket indicating confirmed reserved space for a specific flight and date either from MW or its authorized agent, the reservation is not confirmed until the balance of the Ticket is at “zero,” meaning all fares & taxes have been paid in full.
D. When a person calls MW’s telephone reservation center (Call Center), MW will offer such person the lowest published fare available through such Call Center for which the person is eligible given the dates, flights and class of service requested. MW charges a $20 per reservation fee for all reservations booked via the Call Center. This fee is nonrefundable.
E. MW will disclose at the time a reservation is made and prior to actual Ticket purchase, any available information regarding a change of aircraft that has the same flight number.
F. Upon request, MW will disclose general information regarding aircraft configuration, for the aircraft type on which the Passenger is booked. Variations may occur within an aircraft type.
G. MW will make available through its website or otherwise, Rules, restrictions, and redemption opportunities of any frequent flyer/rewards program (should a program become available). In addition, all fares may not be eligible for credit in such program. Please verify the fare Rules prior to purchase.
H. MW will disclose to a passenger, upon request, whether the flight on which the passenger is ticketed, at the time of the request, overbooked if, within the usual and ordinary scope of such MW employee’s work, the information is available to the employee to whom the request is directed.
I. MW does not guarantee allocation of any particular seat in the aircraft, including advanced seat requests.
J. MW may limit the number of Passengers carried at any fare level and certain fares will not necessarily be available on all flights. The number of seats which MW shall make available on a given flight will be determined by MW.
K. Waivers for Special Fare Restrictions: The following situations may allow relaxed fare restrictions for emergency travel situations involving death, critical injury or illness requiring hospitalization, including hospice care of an immediate family member provided proper documentation is made.
- Serious Illness Emergencies. The Passenger must provide MW with a written statement which provides the immediate family member’s name, relationship to the Passenger, the name and telephone number of the hospital/hospice, the doctor’s name, and a statement from the doctor that the immediate family member is actually hospitalized.
- Death Emergencies. The Passenger must provide MW with a written statement which provides the name of the deceased immediate family member, the relationship of the deceased to the Passenger, the name, address and telephone number of the funeral home, and if possible, a copy of the death certificate. Note: If the funeral home information is not available prior to departure, it may be provided at the time of the return flight.
If the above required written documentation is not submitted to MW’s satisfaction, the Passenger must pay the applicable fare for transportation used. The Passenger may then submit a refund request accompanied by the appropriate documentation within the time allowed for refunds under Rule 25.
L. Student and Child Fares: From time to time, MW may make available a special fare applicable to students attending a higher education facility in Hawai`i. These fares may range from discounts to normal fares to standby fares. Specific Rules apply to each fare and may differ from the standard Contract of Carriage. Children do not receive discounts when flying on MW unless a special fare is published.
M. Specific fare Rules may override general terms of the Contract of Carriage.
N. Pre-purchased non-fare related items are nonrefundable unless the passenger was unable to travel due to an oversale situation or a flight cancellation.
- Baggage Fees paid online, at a kiosk, or through an agent of MW, are nonrefundable unless the passenger is unable to travel due to an oversale situation or a flight cancellation.
- Tours, hotel, and car rentals available through www.mokuleleairlines.com are sold only as Mokulele Flight Service, Inc. acting as a referring agent or booking agent and does not guarantee the service purchased. The vendors’ Terms of Contract override any terms set forth by Mokulele Flight Service, Inc.
O. Erroneous Fares. MW will exercise reasonable efforts to ensure that all fares it publishes are accurate and available for sale, but MW reserves the right to correct any erroneously published fare that MW did not intend to offer for sale. In the event that an erroneous fare is inadvertently published for sale and a ticket is issued at the erroneous fare before it has been corrected, MW reserves the right to cancel the ticket purchase and refund all amounts paid by the purchaser or, the purchaser’s option, to reissue the ticket for the correct fare and collect for the difference.
P. Internet-Only Fares. MW will, from time-to-time, offer fares that are limited to distribution through the internet web portal www.mokuleleairlines.com. These fares typically offer ONLY transportation between the two points booked and may have restrictions related to changes, irregular operations, and baggage limitations. Each fare will be presented with the fare Rules under the specific column of availability by clicking on the name of the fare.
Q. Personal Data. The Customer recognizes that personal data has been given to MW for the purposes of making a reservation for carriage, obtaining ancillary services, and making available such data to government agencies. For these purposes, the passenger authorizes carrier to retain such data and to transmit it to its own offices, other carriers, or the providers of such services, in whatever country they may be located.
R. Lowest Fare Promise. MW will always provide the customer with the lowest fare available at the time of booking. In the event a lower fare becomes available in the same fare class after booking, the customer may request the fare difference in the form of a voucher. We do not offer cash refunds. All fares are constructed to pull from the lowest class available and present the fare, if available, to the customer. Fares that require a connection are built with a discount and may not be mixed among the two or three connection segments. Fares built using a point-to-point connection rather than booking as a through or set-connection are not guaranteed the lowest fare.
S. All fares may not be eligible for credit in a frequent flyer or rewards program. Please verify the fare rules prior to purchase.
T. Group Reservations. When 6 or more passengers are traveling together on the same itinerary, they can be considered a group. These customers may request a group quote or book individually.
- Group reservations may be done online (up to 7 passengers maximum) or through the MW Call Center.
- Group reservations require a nonrefundable 15 percent deposit to hold seats and flights upon receipt of a group quotation. Failure to pay the deposit within 7 days of initial booking will result in cancellation of held seats. Once cancelled, a new group quote will need to be obtained.
- Deposit may be used against the final payment.
- Groups must abide by the payment schedule on the group contract
Mokulele Airlines Group Desk: [email protected]
|7 business days after receipt of contract||15 Percent Deposit|
|30 days prior to travel||50 Percent Payment|
|14 days prior to travel||Final Payment (less deposits plus penalties)|
- Group names may be changed for a $25 service fee.
- Luggage allowance will be negotiated as part of the group fare.
- Name list must be sent to Mokulele Airlines, Inc. at least 14 days prior to departure.
- Any refunds or changes within 14 days are subject to a $25 change fee per change or deviation.
- Deviations that cause a change to regularly scheduled flights will be assessed a change fee plus the difference in the lowest available published fare at time of change.
10.No refunds will be granted to groups unless negotiated directly with an Officer of Mokulele Airlines, Inc.
11.All updates and changes to group bookings must be made directly with the Group Desk.
Rule 5. Cancellation Of Reservations
A. MW has the right to cancel reservations of any Passenger whenever such action is necessary to comply with any governmental regulation, upon any governmental request for emergency transportation in connection with the national defense, or whenever such action is necessary or advisable by reason of weather or other conditions beyond MW’s control, including Force Majeure events.
B. MW has the right to cancel reservations due to the Passenger’s failure to comply with the Rules set forth herein, including but not limited to, the Passenger’s failure to pay for the applicable Ticket under the conditions applicable to the fare for such travel.
C. Failure to Occupy Space. If a Passenger fails to occupy space which has been reserved for him/her on an MW flight and MW fails to receive notice of the cancellation of the reservation before the departure, or if any carrier cancels the reservation of any Passenger, MW may cancel all reservations held by such Passenger on MW flights or any other carrier for continuing (downline connection) or return space, provided MW or an authorized agent of MW originally reserved that space.
D. Airport Check-In Time Limit. MW has the right to cancel reservations, deny boarding and/or refuse the acceptance of checked baggage of any Passenger who fails to present himself/herself within the following time requirements for check-in of Passengers and/or Baggage:
- Mokulele recommends that all customers check in at least 60 minutes prior to scheduled departure time.
- Passengers should be checked in and at their respective boarding gate at least 30 minutes minimum prior to scheduled departure time. This means that Passengers should have paid for any tickets, checked in their baggage (if any), and received a boarding pass (Honolulu International Airport only). Boarding will commence 20 minutes prior to scheduled departure time. Failure to check in before commencement of boarding may result in a cancellation of reservation; should that occur, ticket will have no value.
- Guests must be boarded (or on board) the aircraft 10 minutes prior to departure or reservations will be subject to our no show/cancellation policy.
You should make an allowance for traffic delays and for clearing the TSA checkpoint (Honolulu International Airport). Due to federal security screening measures in place at airports, Passenger and baggage processing time may differ from airport to airport. It is the passenger’s responsibility to arrive at the airport with enough time to complete the security screening process and to comply with these minimum check-in time limits. If running late, it is suggested passenger call the MW Call Center with any delay advisories. MW will not delay any flight due the late check-in of any passenger.
When confirming a reservation, please advise a phone number (preferably a mobile number) in the event MW must contact passenger prior to flight.
The time limits provided by MW in this Rule are minimum time requirements.
E. MW is not liable for any consequential, compensatory, or other damages when it cancels reservations of any Passenger in accordance with this Rule, but if the reservation was cancelled according to paragraph A of this Rule, See Rule 25.C.3.
F. Cancellation Policy
(a) For any MW ticket, cancelled within 24 hours from the date of confirmation and made one week or more prior to a flight’s departure date, refunds will be refunded in full to the original form of payment.
(b) For any MW ticket, cancelled within 24 hours from the date of confirmation and made within one week prior to a flight’s departure date, refunds will be refunded to an electronic travel voucher less a $25 cancellation fee.
Rule 6. Tickets and Ticket Validity
A. MW is a paperless ticket airline. Reference(s) to a ‘ticket’ can also include an electronic document that may reside solely in the MW reservation system.
B. When more than one ticket must be issued to properly reflect all of the information required for a complete flight itinerary, the individual tickets will be cross referenced by their ticket numbers and are considered to be a single ticket or “Conjunction Ticket.”
C. MW will not be obligated to carry any Passenger until the Passenger has paid the applicable fare or has complied with credit arrangements established by MW. Only at that time will a ticket be issued.
D. No person will be entitled to transportation except upon presentation of a valid ticket.
E. A ticket which has not been validated or which has been altered, mutilated, or improperly issued, is not valid.
F. Flight coupons will be honored only in the order in which they were intended to be used and, in the case of handwritten tickets, only if all unused Flight Coupons and Passenger Coupons are presented together.
G. Tickets are not transferable unless otherwise stated on the Ticket at the time it was issued. MW is not liable to the owner of a ticket for honoring or refunding such ticket when presented by another person. If a ticket is in fact used by an unauthorized person with or without the knowledge or consent of the person to whom the ticket was issued, MW will not be liable for the destruction, damage, or delay of such unauthorized person’s baggage or other personal property, or for the death or injury of such unauthorized person arising from or in connection with such unauthorized use. As used herein, “unauthorized person” means any person other than the person to whom the ticket is issued and who is entitled to be transported or a refund in accordance with the Rules in this Contract of Carriage.
H. A ticket will be valid only for flight(s) for which reservation(s) have been made and only between the points named on the ticket or applicable Flight Coupons. A passenger holding an unused open dated ticket or portion thereof, or an Exchange Order for onward travel, or who wishes to change a ticketed reservation to another date, shall not be entitled to any preferential right with respect to the obtaining of reservations.
I. Prohibited Practices
1. Fares apply for travel only between the points for which they are published. Tickets may not be purchased and used within fare(s) from an initial departure point on the ticket which is before the Passenger’s actual point of origin of travel, or to a more distant point(s) than the Passenger’s actual destination being traveled even when the purchase and use of such tickets would produce a lower fare. This practice is known as “Hidden Cities Ticketing” or “Point Beyond Ticketing” and is prohibited by MW.
2. The purchase and use of roundtrip tickets for the purpose of one way travel only, known as “Throwaway Ticketing” is prohibited by MW.
3. The use of Flight Coupons from two or more different Tickets issued at round trip fares for the purpose of circumventing applicable tariff Rules (such as advance purchase/minimum stay requirements) commonly referred to as “Back-to-Back Ticketing” is prohibited by MW.
J. MW’s Remedies for Violation(s) of Rules. Where a Ticket is purchased and used in violation of the Contract of Carriage or any fare Rule (including Hidden Cities Ticketing, Point Beyond Ticketing, Throwaway Ticketing, or Back-to-Back Ticketing), MW has the right in its sole discretion to take all actions permitted by law, including but not limited to any or all of the following:
- Invalidate the Ticket(s).
- Cancel any remaining portion of the Passenger’s itinerary.
- Confiscate any unused Flight Coupons.
- Refuse to board the Passenger and to carry the Passenger’s baggage, unless the difference between the fare paid and the fare for transportation used is collected prior to boarding.
- Assess the Passenger for the actual value of the ticket which shall be the difference between the lowest fare applicable to the Passenger’s actual itinerary and the fare actually paid.
- Delete miles in the Passenger’s frequent flyer account, terminate the Passenger’s participation in the frequent flyer program, or take any other action permitted by the Frequent Flyer Terms and Conditions in MW’s “Frequent Flyer Program” (if applicable).
- Take legal action with respect to the Passenger.
K. Period of Validity. Except as otherwise provided in this Rule or required by the applicable local law of a foreign jurisdiction, any eligible ticket issued by MW or its authorized agent on MW ticket stock will be valid for transportation for one year from the date on which transportation commences at the point of origin as designated on the original ticket or, if no portion of the ticket is used, one year from the date of issuance of the original ticket. When a ticket includes an excursion or special fare having a shorter period of validity than one year, the shorter period of validity will apply only to the excursion or special fare transportation. When a fare limits the carriage to specific periods of the day, week, month, or year, the ticket is valid for the specified periods only. When fares are combined to create Round/Circle/Open-Jaw Trips, the most restrictive provisions will apply to the entire transportation. Note: Nonrefundable fares limit the period of validity.
L. Failure to cancel a ticketed reservation before departure will result in loss of confirmed space, and the ticket will lose all value and a new ticket must be purchased. No rebooking is permitted.
M. Extension of Validity Period
- If the Passenger is prevented from using the ticket, or a portion thereof during the period of validity specified in this Rule due to a MW flight cancellation or because MW is unable to provide space on the flight, MW will, without additional collection of fare, extend the ticket validity period of such passenger’s ticket until the first flight of MW, on which space is available in the class of service for which the fare has been paid.
- If the Passenger is unable to commence or continue his/her travel due to his/her personal illness or physical incapacity, or the illness, death, or physical incapacity of a member of his/her immediate family, or of an associate with whom he/she is traveling, MW will extend the period of validity beyond the original limit but not to exceed thirty (30) days.
N. Waiver of Minimum Stay Requirements – Special Fare. In the event of the death of a passenger enroute, the minimum stay and group travel requirements with regard to any special fares will be waived for passengers who are immediate family members of the deceased passenger or were otherwise actually accompanying the deceased passenger, on the following conditions:
- The ticket must be endorsed “earlier return on account of death of (name of passenger)”; and
- A copy of the death certificate duly executed by the competent authorities under the applicable laws of the country in which death has occurred must be presented to MW at the time of re-ticketing. Passengers will be accommodated under this provision only in the class of service originally ticketed. NOTE: If the death certificate is not available at the time the passenger requests re-ticketing under this provision, or if documentation satisfactory to MW has not been provided, the passenger(s) requesting re-ticketing will be accommodated only upon payment of the fare applicable to transportation actually used and a request for a refund may later be filed with MW with the documents required. Upon receipt of the request for a refund and all supporting documents, MW will determine whether a refund to the Passenger is appropriate. If so, the maximum refund will be the difference between the total fare paid by the Passenger and the amount such Passenger would have paid if a waiver had been originally furnished under the provisions of this Rule.
O. Ticket Issue Date. The date when payment is made by credit card, or the ticket invoice date established when payment is made by other acceptable form of payment, will constitute the date a Ticket is “issued” in determining the validity period under this Rule.
Rule 7. Electronic Vouchers
General Terms and Use – Electronic Vouchers (Vouchers)
A. Vouchers may be transferred to other persons unless otherwise noted.
B. Vouchers may not be sold without written permission of MW.
C. Vouchers are valid for one year from date of issue.
D. Vouchers may be issued at MW’s discretion to accommodate customer refunds, changes, goodwill, marketing, and prepaid programs.
E. Vouchers will be comprised of a six-character reference code and a six character PIN. MW will provide the customer with the details of the voucher and PIN combination and is not responsible for lost or missing voucher codes or PINs.
F. Vouchers do not include taxes or any additional services outside those given to standard ticket holders. Changes to reservations using a voucher must abide by all fare Rules regarding changes, cancellations, and baggage limitations. Reservations paid using a voucher must be utilized prior to the expiration of the voucher.
G. Vouchers may be booked in any available normal fare.
H. Residual amount vouchers (vouchers with a dollar amount) can be used towards any services offered by MW. These vouchers may not have their expiration date extended.
I. Vouchers may be used via the online web portal, through MW reservations, or any airport ticket office. Any residual value shall reside on the same voucher.
J. Reservations completed using a voucher must be completed prior to the expiration date of a voucher, unless previously agreed or noted.
K. Reservations completed using a voucher that require changes or cancellation will be refunded to a new voucher and PIN.
Rule 8. Returned Check Acceptance
MW does not accept personal checks. MW will, under certain circumstances, allow for payment with a company check, certified check, money order, or money transfer. MW will collect USD $25.00 for each returned business check or for any Stop Payments to any check. This fee is nonrefundable and is not subject to any discount. Reservations paid by a returned check will be cancelled unless a new form of payment plus returned check fee are paid within 24 hours of notice of returned check.
Rule 9. Prepaid Ticket Advice (PTA)
MW does not honor or accept Prepaid Ticket Advices (PTA’s) nor offer PTA issuance.
Rule 10. Acceptance Of Children, Minors, and Infants
These are the general rules for acceptance of travelers under the age of 18:
A. MW does not accept infants in incubation or infants under 7 days old.
B. Infants, children, and minors will be considered “accompanied” when they are traveling with at least one parent or Legal Guardian when traveling on the same flight(s).
C. Passengers under the age of 13 are deemed accompanied and will be accepted for transportation when traveling with a companion passenger who is at least 15 years of age. MW reserves the right to require a birth certificate (copy) as proof of age.
D. Children who have reached their second birthday on day of travel are required to purchase a ticket and occupy a seat with their own seat belt in compliance with the U.S. Federal Aviation Regulations.
E. Children under the age of two years (at time of travel), accompanied by an adult fare paying passenger and not occupying a seat, are “free of charge.” The child must be carried in a parent’s or legal guardian’s lap during the entire flight and must be listed as a passenger in the Reservation. The child is considered a “Lap Child.” A maximum of one child permitted for each fare-paying adult. MW reserves the right to require a birth certificate (copy) as proof of age for all lap children, otherwise, the applicable fare will be charged. Arrangements for a lap child must be made directly with the MW Call Center. Additional children under the age of two years must occupy a seat and be ticketed at the applicable Fare in compliance with the U.S. Federal Aviation Administration regulations.
F. Children unable to sit upright with the seat belt fastened must be carried in an approved infant/child seat (if not being carried by an Adult Passenger as a lap child). Infant/child seats:
- Must be FAA approved and be clearly marked with the original NHTSA (National Highway Traffic Safety Administration) label.
- Must be used in unoccupied aircraft seat and cannot be held in an adult’s lap.
- Must remain properly secured to an aircraft seat at all times.
- Children aged five (5) to twelve (12) years of age are deemed “unaccompanied” when traveling alone or not accompanied on the same flight by a passenger at least 15 years of age. Children under five years of age must be accompanied and will not be permitted as unaccompanied under any conditions.
- Reservations for children/minors aged five (5) through twelve (12) traveling alone must be booked through the Call Center; online reservations for these passengers will not be accepted. Call Center fees will not apply to unaccompanied minor reservations booked through the Reservations Center.
- Unaccompanied Children/Minors are accepted for transportation at MW’s sole discretion, and only under the following conditions:
- The Child/Minor must be brought to the airport of departure by a parent, legal guardian, or responsible adult who shall remain with the Child/Minor until the Child/Minor has boarded and the plane has departed from the gate, and who must furnish MW with satisfactory written documentation that the Child/Minor will be met by another parent, legal guardian, or responsible adult upon deplaning at the Child/Minor’s destination. The parent, legal guardian, or responsible adult delivering the Child/Minor for departure and receiving the Child/Minor upon arrival will be required to complete and sign documentation as provided by MW relating to such unaccompanied Child/Minor.
- In no event will the unaccompanied Child/Minor be accepted for travel:
(1) If the flight on which the Child/Minor holds a reservation is expected to terminate short of or bypass the Child/Minor’s destination;
(2) If the flight is departing between the hours of 9:00 PM and 5:00 AM;
(3) If the itinerary includes a connection to the last available flight of the day unless the connecting flight is the only published service to that destination; or
(4) On the last flight of the day to that destination; or
(5) (If applicable) for travel on another carriers’ flights that connect in countries other than the United States, Canada, or Mexico, with the exception of flights operated by MW’s Codeshare carriers.
- Children/Minors five, six, or seven years of age are accepted as unaccompanied only on MW, subject to valid proof of age and only when through service is provided without change of aircrafts(non-stop) or (direct service).
- Children/Minors eight years of age or over may be:
- Accepted as unaccompanied for Online Transportation that includes connecting flights; and
- Accepted as unaccompanied for Interline Transportation provided space has been confirmed to the first Stopover, or to a point where the Child/Minor is to be met by a parent, Legal Guardian, or responsible adult upon deplaning.
H. Unaccompanied Assistance Charge. Children’s/Minor’s assistance is a service provided by MW as follows:
- Unaccompanied Minor Service is mandatory for passengers aged 5 to 12 years old.
- Unaccompanied Minor Service is optional for Passengers 13 to 17 years old. NOTE: MW will not provide this service to a minor 13 through 17 years of age when that minor is traveling with a child or infant under the age of five.
- A Service Charge of USD $25.00 for single plane service and USD $50.00 for connecting flights to another carrier will be assessed for unaccompanied assistance. MW will escort child to the connecting carrier’s ticket counter. MW reserves the right to refuse unaccompanied assistance and transportation for connection flights to other carriers at its’ sole discretion. Note: Unaccompanied assistance is defined as escort service and supervision provided by MW for the child/minor from the time of boarding until the child is met at the destination point.
- There will be a $50.00 surcharge for escort service when the trip consists of one or more connections between the child’s boarding point and point of destination.
- If two children are traveling together, only one surcharge will be assessed.
- Only two unaccompanied children/minors are accepted per flight.
- MW reserves the right to not accept any financial or guardianship responsibility beyond the above stated conditions.
I. In the event a parent, legal guardian, or approved person that is to receive the child at destination does not show up within 45 minutes of arrival of the flight, MW has the right to charge a $30.00 per hour fee for securing the unaccompanied minor. MW will also seek repayment for basic meals during meal times if the minor is not received and is in MW custody.
J. If a parent, legal guardian, or approved person does not receive the child within 4 hours of the scheduled arrival time of the flight, MW has the right to refuse future transportation to the unaccompanied minor.
K. In the event of a cancellation during an interline transfer (not to an MW or codeshare flight), MW will not be responsible for return air transportation of the minor. In the event the minor has roundtrip travel on MW, the return flight will be adjusted and the purchaser will have no legal recourse for refund.
Rule 11. Passenger of Size
- A Passenger of Size (POS) is defined as a passenger whose body weight exceeds 350 pounds. Due to structural limitations of our Grand Cessna aircraft, Mokulele Airlines cannot accept for transportation, a passenger of size whose body weight exceeds 350 pounds.
- Mokulele Airlines’ policies and procedures are in compliance with the Federal U.S. Department of Transportation, 14 CFR Part 382.31 (d) carrier may refuse to provide transportation to any passenger on the basis of safety, and may refuse to provide transportation to any passenger whose carriage would violate any Federal Aviation Regulations.
Rule 12. Special Services
A. Mokulele Airlines, Incorporated policies and procedures comply with the U.S. Department of Transportation regulation “Nondiscrimination on the Basis of Disability in Air Travel” (14 CFR Part 382).
B. Definition of Non-Ambulatory under this Rule:
- Persons who are unable to move themselves or need the support of another person to walk or move, not capable of caring for themselves without assistance throughout the flight are considered Non-ambulatory. Disclaimer: Non-ambulatory passengers will not be permitted to board the Cessna Caravan Aircraft due to the nature of the aircraft and the absence of a flight attendant to offer any on-board assistance.
- If a Passenger uses a wheelchair for convenience, the Passenger is not considered to be Non-Ambulatory.
- A child or infant is not considered to be Non-Ambulatory merely because of his/her age, except when requiring an Infant Transport System.
- If the Passenger can more himself/herself from his/her seat to the nearest emergency exit without the aid of another person, the Passenger is not considered to be Non-Ambulatory, regardless of the degree of impairment.
C. Qualifications for Acceptance of Non-Ambulatory Passengers are accepted when accompanied by an assistant able to assist the Non-Ambulatory Passenger to evacuate the aircraft in accordance with 14 CFR PART 382.29. See Rule 16.
D. Provisions within this regulation include, but are not limited to:
- Transportation of personal wheelchairs and other assistive devices (transportation of personal wheelchairs are dependent on wheelchair size and aircraft cargo door size limitations).
- Special seating accommodations for customers with physical disabilities or those traveling with a Safety Assistant or service animal (advance notice requested).
- Assistance in boarding and deplaning.
- Assistance in loading and retrieving carry-on items.
- Information concerning facilities and services available for customers with disabilities and their service animals.
E. A copy of 14 CFR Part 382 along with Mokulele Airlines, Inc. policies and procedures for assisting customers with special needs are available at each MW airport ticket counter, or our website at www.mokuleleairlines.com.
F. Qualified Individual with a Disability. MW requires a passenger (including a qualified Individual with a disability) to provide up to 48 hours advance notice and one hour advance check-in for flights if such passenger wishes to receive any of the following service accommodations:
- Provision by MW of hazardous materials packaging for a battery for a wheelchair or other assistive device.
- Accommodation for a group of six or more Qualified Individuals with Disabilities who make reservations and travel as a group.
G. Safety Assistant. If MW determines that a safety assistant is essential for safety, MW may require that a passenger, including a Qualified Individual with a Disability, meeting any of the following criteria, travel with an assistant as a condition of being provided air transportation:
- A person who, because of a mental disability, is unable to comprehend or respond appropriately to safety instructions from MW personnel, including the safety briefing required by U.S. 14 CFR 121.571(a)(3), (a)(4) and 135.117(b);
- A person with a mobility impairment so severe that the person is unable to assist in his or her evacuation of the aircraft; or
- A person who has both severe hearing and severe vision impairments such that the person cannot establish some means of communication with MW personnel adequate to permit the transmission of the required safety briefing. NOTE: If MW determines that a person meeting the criteria contained in Rule 11.D.1 through Rule 11.D.3 must travel with an assistant, contrary to the individual’s self-assessment that he/she is capable of traveling independently, MW will not require the assistant to pay the applicable fare in effect at the time of the booking.
- For purposes of determining whether a seat is available for an assistant, the assistant shall be deemed to have checked in at the same time as the Qualified Individual with a Disability.
- If, because there is not a seat available on a flight for a safety assistant whom MW has determined to be necessary, the Qualified Individual with a Disability holding a confirmed reservation is unable to travel on the flight, MW will compensate the Qualified Individual with a Disability in accordance with the Involuntary Denied Boarding Compensation procedures specified in Rule 22.
H. For Rules regarding wheelchairs, see Rules 20 and 25.
Rule 13. Medical Services
A. Oxygen Service. Oxygen is not available on any MW operated flight due to aircraft limitations and US Federal Aviation Regulations.
B. Customer provided Portable Oxygen Concentrator (POC). Portable Oxygen Concentrators (POCs) approved by the Federal Aviation Administration (FAA) may be carried and used on board flights operated by MW, at no charge, in accordance with specific FAA requirements and the following conditions:
- Specific POCs currently approved by the FAA are (list current as of May 1, 2015):
AirSep FreeStyle (PDF)
AirSep LifeStyle (PDF)
AirSep Focus (PDF)
AirSep Freestyle 5 (PDF)
DeVilbiss Healthcare iGo (PDF)
Inogen One (PDF)
Inogen One G2 (PDF)
lnogen One G3 (PDF)
Invacare XPO2 (PDF)
Invacare Solo 2 (PDF)
Respironics EverGo (PDF)
Respironics SimplyGo (PDF)
Sequal Eclipse (PDF)
SeQual SAROS (PDF)
VBox Trooper (PDF)
- Other Portable Oxygen Concentrator brands and models may be carried in the cabin with batteries removed if they meet MW’s carry-on size and weight requirements, or they may be carried as checked baggage. MW may accept other brands and models for use on board in the future as they become approved by the FAA and MW. Check with MW Reservations for current acceptable Portable Oxygen Concentrators.
- Customers must satisfy specific requirements prior to boarding the aircraft. The customer:
- Must provide 48 hours advance notice in the reservation record that he/she is planning to use a POC on board the flight.
- Must have a signed written Doctor’s statement that:
(6) States the user of the POC has the physical and cognitive ability to see, hear and understand the device’s aural and visual cautions and warnings and is able, without assistance, to take appropriate action in response to those cautions and warnings.
(7) States whether or not oxygen use is medically necessary for all or a portion of the flight(s) listed on the customer’s itinerary.
(8) Specifies the maximum oxygen flow rate in liters per minute corresponding to the pressure in the cabin of the aircraft under normal operating conditions.
(9) Will be reviewed at the airport prior to boarding and must be kept by the customer and provided upon request by MW personnel at any time during travel.
(10) Customers may use the Medical Verification Statement available by request from MW Reservations or MW’s Director of Passenger Service.
- Must ensure that he/she has ample batteries to power the POC for the duration of his/her flight plus three (3) additional hours to allow for unanticipated delays and any ground connection time where the POC is planned to be used. MW does not have electrical power available for customer use on its aircraft.
- Must ensure that all extra batteries are properly protected from short circuiting by either:
- Having recessed battery terminals or;
(2) Packing them so that the batteries do not contact metal objects including the terminals of other batteries.
- Failure to meet the requirements will result in denied use of the POC during travel. Customers planning on traveling with POCs are solely responsible for advising MW as soon as reservations are confirmed, regardless of whether the reservations were made through a travel agent, on the internet or directly with MW, in order to confirm specific requirements and to provide the airline with required information.
- When connecting to or from any codeshare flight or any interline flight, customer is responsible for notifying and making independent arrangements directly with the other airline. The current FAA authorization enables but does not require airlines to accept POCs and some airlines may not accept them or may require a fee.
- POCs are assistive devices for customers with disabilities. As such, they do not count toward carry-on or checked baggage limits, whether or not they are used on board. They must be able to fit underneath the seat or in an overhead storage compartment.
- MW is not liable for POC equipment failures, failure of the batteries that power the POC, or any other losses or damages alleged by the customer or any other person arising out of the use or possession of the POC, unless caused by the gross negligence or willful misconduct of MW.
C. Medical Transport Services. MW does not provide transportation to passengers who must travel in/on a stretcher or infants who must travel in incubators or Infant Transport Systems.
Rule 14. Pets in Cabin
A. Service Animals and Emotional Support Animals
MW welcomes without charge trained Service Animals and Emotional Support Animals. They must be properly harnessed and remain under the direct control of the Passenger at all times. The animal must not protrude into the aisle or encroach on other passengers in compliance with FAA regulations. The animal must be harmless, inoffensive, and odorless and require no attention during transit. Please call the MW Call Center at least 48 hours in advance for prior pet arrangements.
MW does not allow animals to travel in our cargo or baggage compartments; therefore, the animal must be accommodated in the passenger compartment. In the event, the animal displays signs of aggression or vicious behavior at our counter, in the gate area, or onboard our aircraft, MW has the right to refuse acceptance of the animal and/or de-board the animal. MW will not jeopardize the commitment of safety to any of our passengers.
- Service Animals are allowed when accompanying an individual that requires assistance with a disability. These specially trained animals perform a particular function or service to assist and help a passenger in the management of their disability.
- MW reserves the right to request for credible verbal assurance to validate the training of the animal and the medical condition that the animal is assisting with.
- Emotional Support and Comfort Animals are not considered a Service Animal: “The Air Carrier Access Act (National Service Animal Registry) allows for mentally or emotionally impaired persons to be accompanied on flights by an emotional support animal on the condition that the correct documentation, including a letter from your physician or mental health professional verifying that the emotional support animal would provide some degree of comfort, is provided . . . ” Such documentation needs to be dated within one year from date of travel.
- Documentation on letterhead from a licensed physician or mental health professional should state that the person listed in the letter is under the care of the physician and should be readily available to be presented to an agent upon check in. It should also provide the title, address, license number and phone number of mental health professional making the assessment. It must state that it is necessary for the passenger to travel with the animal (and type of animal) for the passenger’s health or treatment during the flight to provide the required effect to allow for air travel and/or for activity at the destination. MW reserves the right to authenticate any documentation presented.
- The Support/ Comfort Animal can be carried in the lap of the passenger provided that it does not interfere with the functionality of the seat belt for the passenger. However, MW does not allow certain types of Support/Comfort Animals. They are: reptiles (such as snakes and other cold blooded animals), ferrets, rodents, swine, and spiders.
- MW accepts for transportation, without charge, a properly harnessed dog trained in explosive detection, drug search, and rescue, or other specific functions, when accompanied by its handler on official emergency business as authorized by an appropriate federal, state, or local government agency. The dog will be permitted to accompany its handler into the cabin, but not to occupy a seat.
- Non-Service Animals
- MW is a Pet Friendly Airline. MW welcomes, without charge, domesticated Dogs and Cats. They must be properly harnessed and remain under the direct control of the Passenger at all times. They do not have to be in a kennel and may sit at the passenger’s feet or under the seat in front of the passenger or carried in the passenger’s lap and not protrude into the aisle or encroach on other passengers in compliance with FAA regulations. MW requires that when traveling with your Pet that you call to advise the Call Center at least 48 hours in advance for any pet arrangements.
- MW does not allow animals to travel in our cargo or baggage compartments; therefore, the Pet must be accommodated in the passenger compartment. Should the animal not behave or should start displaying signs of aggression or vicious behavior at our counter, in the gate area, or onboard our aircraft, MW has the right to refuse acceptance of the animal and/or de-board the animal. MW will not jeopardize the commitment of safety to any of our passengers.
- Conditions of Acceptance:
- Animals must be well behaved, properly harnessed or leashed, travelling under the control of the passenger and must remain with the passenger at all times.
- Animals must NOT pose a threat to the safety or health of the other passengers travelling. If the animal is deemed unsafe or aggressive by nature then the animal must be contained in a kennel or harnessed with a leash. Or MW reserves the right as determined by the Pilot/Co-Pilot and/or Customer Service Agent to deny boarding to any dog breed that is deemed unsafe; no other passengers will be involved in this decision.
- Animals must be at least 8 weeks old and weaned.
- Muzzled, pregnant, injured or ill animals will not be accepted.
- Unless required by HDOA (Hawaii Dept. of Agriculture), no veterinarian health certification is required for animals traveling on MW flights.
- The animal must be confined in a cage or specifically designed and approved soft-sided pet carrier subject to inspection and approval by MW before acceptance and in conformance with 9CFR or IATA live animal regulations. Soft kennel must fit properly in aircraft for the safety of all passengers.
- Environmental conditions must pose no hazard to the safety or comfort of the animal. The animal must be able to stand up and turn around comfortably in its pet carrier. Pet carriers must be leak proof, ventilated on at least two sides and prevent any part of the animal from protruding outside of the container. Containers must not exceed 21”L x 12”W x 8”H. Passengers are responsible for ensuring that the containers meet all governmental requirements for the safe and humane transportation of the animal being transported.
- Animals will not be accepted if the temperature is to exceed 85 degrees along any point of the journey.
- Excess valuation is not available for animals.
- The animal must be harmless, inoffensive, odorless, clean (free of fleas, ticks, or any biting insects), well-groomed, and require no attention during transit.
- In the event, the animal (and/or owner) becomes offensive or causes a disturbance during transit; the animal may be removed, at the Captain’s discretion, at the first stop.
- A maximum of one (1) in-cabin pets is permitted for each flight. Animals is booked on a space available basis, MW reserves the right to refuse more than one (1) pet per flight.
- Both the animal and passenger will be seated in row 5 only, when the combined total weight of the animal and passenger is 320 lbs. in compliance with the weight and balance logistics of the aircraft.
- MW reserves the right to refuse carriage of animals at any time.
- MW will not be liable for illness or injury to an animal or death of an animal when the animal has been handled by MW with ordinary standards of safety and care or when MW has acted in the interests of the entire flight such as in an emergency or a force Majeure event.
- MW will not be liable for loss or expense due to the Passenger’s failure to comply with the provisions of this Rule, including, without limitation, if any animal is refused passage into or through any state or country.
- The liability ceiling for MW shall not exceed $2,000 USD in the event of a death of a pet.
- The Passenger assumes full responsibility for the safety, well-being, and conduct of its animal, including the interaction of the animal with other Passengers who may come in contact with the animal while onboard the aircraft, and for compliance with all governmental requirements, regulations, or restrictions, including entry permits and required health certificates of the country, state, or territory from/or to which the animal is being transported.
- MW reserves the right to levy any fees to the passenger/owner, in the event there are damages or cleaning fees incurred to the aircraft related to the transportation of the animal.
- MW will not transport an animal if the animal is in the custody of an Unaccompanied Minor.
- MW reserves the right to deny boarding to the animal if any of the above conditions is in violation.
- Restricted Animals
- MW will not accept ferrets, rodents, spiders, guinea pigs, mice, rats, rabbits, chickens, roosters, snakes, other reptiles (snakes, turtles, and fish) as in-cabin baggage (hand-carry baggage) OR as service animals. Certain unusual animals/reptiles (whether as service animals or not) pose unavoidable safety and/or public health concerns. Carriage of any other pets as in-cabin Baggage will be at MW’s discretion.
Rule 15. Ground Transfer Service
A. MW may provide ground transfer service between airports.
- Except where ground transfer service is directly operated by MW, it is agreed that any such service is performed by independent operators. Anything done by an employee, agent or representative of MW in assisting the passenger to make arrangements for such independent ground transfer service shall in no way make MW liable for the acts or omissions of such independent operator.
- In cases where MW maintains and directly operates local transfer services for its passengers, the terms, conditions, Rules and Regulations of MW, including but not limited to, those stated or to which reference is made in MW’s Tickets, Baggage Checks and baggage valuation agreements shall be deemed applicable to such local ground transfer services. No portion of the air transportation fare shall be refundable in the event local ground services are not used by the passenger.
Rule 16. Codeshare Service
Presently, Mokulele Airlines has no codeshare service.
Rule 17. Travel Documents
A. Each Passenger desiring transportation across any international boundary is responsible for obtaining all necessary travel documents and for complying with the laws of each country flown from, through or into which he/she desires transportation. The Passenger will pay or reimburse each carrier for any loss, damage, or expense suffered or incurred by such carrier by reason of such Passenger’s failure to do so. MW is not liable for any assistance or information provided by any agent/employee of MW to any passenger relating to such documents or compliance with such laws, or for the consequences to any passenger resulting from his/her failure to obtain such documents or to comply with such laws. Where legally permitted, MW reserves the right to hold, photocopy or otherwise reproduce a travel document presented by any Passenger.
B. Subject to applicable laws and regulations, the Passenger must pay the applicable fare whenever MW, on government order, is required to return a Passenger to his/her point of origin or elsewhere due to the Passenger’s inadmissibility into/or deportation from a country. The fare will be the applicable fare in effect at the time of the original Ticket’s issuance. Any difference between the applicable fare and the fare paid will be collected from or refunded to the Passenger, as the case may be. MW will apply to the payment of such fares any funds paid by the Passenger for unused carriage or any funds of the Passenger in possession of MW. The fare collected for carriage to the point of refusal of entry or deportation will not be refunded by MW unless the law of such country requires that the fare be refunded.
C. This Rule and its limitations include, but is not limited to, Travel Documents related to travel by minors. Some countries require special documents for minors traveling with only one parent to/from an international destination.
Rule 18. Screening of Passengers and Baggage
Passengers and/or their baggage are subject to security screening, including but not limited to, security profiling, physical pat-downs and inspections, x-ray screening, manual bag searches, questioning of Passengers, and use of electronic or other detectors or screening or security devices, in the sole discretion of the government, airport, or MW, and with or without the Passenger’s presence, consent or knowledge. Neither MW nor its employees or agents are liable for any damage, loss, delay (including refusal to transport), confiscation of property, injury or other harm relating to or arising out of security screening or Passenger’s failure to submit to or comply with such security screening.
Rule 19. Refusal To Transport
MW shall have the right to refuse to transport or shall have the right to remove from the aircraft at any point, any Passenger for the following reasons:
A. Breach of Contract of Carriage – Failure by Passenger to comply with the Rules of the Contract of Carriage.
- Government Request or Regulations – Whenever such action is necessary to comply with any government regulation, security directive, or any governmental request for emergency transportation in connection with the national defense.
- Force Majeure and Other Conditions – Whenever such action is necessary or advisable by reason of weather or other conditions beyond MW’s control including, but not limited to, acts of God, force majeure, strikes, civil commotions, earthquakes, volcanic activity, embargoes, wars, hostilities, terrorist activities, or disturbances, whether actual, threatened, or reported.
- Search of Passenger or Property – Whenever a Passenger refuses to submit to electronic surveillance or to permit search of his/her person or property.
- Proof of Identity – Whenever a Passenger refuses to produce identification satisfactory to MW or who presents a Ticket to board and whose identification does not match the name on the Ticket. MW will require identification of persons purchasing Tickets and/or presenting a Ticket(s) for the purpose of boarding the aircraft due to Department of Homeland Security requirements.
- Failure to Pay – Whenever a Passenger has not paid the appropriate fare for a Ticket, baggage fees, or applicable service charges for services required for travel, or produced satisfactory proof to MW that the Passenger is an authorized non-revenue Passenger or has engaged in a prohibited practice as specified in Rule 4.
- Safety – Whenever refusal or removal of a Passenger may be necessary for the safety of such Passenger or other Passengers or members of the crew, including, but not limited to:
- Persons whose conduct is disorderly, offensive, abusive, or violent;
- Persons who fail to comply with or interfere with the duties of the members of the flight crew, federal regulations, or security directives;
- Persons who assault any employee of MW, including the gate agents and flight crew, or any MW Passenger;
- Persons who, through and as a result of their conduct, cause a disturbance such that the captain or member of the cockpit crew must leave the cockpit in order to attend to the disturbance;
- Persons who are shirtless, barefoot, or not properly clothed or has strong and offensive body odor offending or disrupting other MW guests as solely determined by MW, its representatives, and/or any government authority or representative and/or any law enforcement representative, agent or authority;
- Persons who are unable to sit in a single seat with the seat belt properly secured;
- Persons who appear to be intoxicated or under the influence of drugs, unless the appearance of such condition is solely due to the person being a Qualified Individual with a Disability, in which case boarding will not be denied (NOTE: If MW determines a passenger has engaged in the activity[ies] enumerated in G.1-7, such actions will constitute a Breach of the Contract of Carriage);
- Persons who wear or have on or about their person concealed or unconcealed deadly or dangerous weapons (not to include law enforcement personnel who meet the qualifications and conditions established in U.S. F.A.R. 108.11);
- Persons who are manacled;
10.Persons who have resisted or may reasonably be believed to be capable of resisting custodial supervision;
11.Pregnant Passengers expecting delivery within seven days, unless such Passenger provides a doctor’s certificate dated no more than 72 hours prior to departure stating that the doctor has examined and found the Passenger to be physically fit for air travel to and from the destination requested on the date of the flight and that the estimated date of delivery is after the date of the last flight;
12.Persons with a communicable disease or infection known or reasonably believed by MW to pose a direct threat to the health or safety of others in the course of a flight. If a Qualified Individual with a Disability with such communicable disease or infection presents a medical certificate dated within ten (10) days of the date of the flight for which it is being presented to MW with specific conditions under which such person can travel and not pose a direct threat to the health and safety of other persons, transportation will be provided to such individual unless it is not feasible for MW to implement the conditions set forth in the medical certificate as necessary to prevent the transmission of the disease or infection to other persons in the normal course of flight;
13.Persons who cannot assist with their own evacuation during an emergency.
14.Refunds. MW may, at the request of a Passenger who is removed or refused transportation in accordance with this Rule, provide a refund in accordance with Rule 24.
Rule 20. Smoking Policy
Smoking is not permitted on any MW operated flights.
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Rule 21. Baggage
A. Provisions contained in this Rule are arranged in the following order:
General Conditions of Acceptance
Fee Based Baggage Allowance
Carry-On Baggage Allowance
Cabin Baggage Requiring a Seat
B. General Conditions of Acceptance. Passengers may check Baggage for carriage in the cargo compartment of the aircraft and/or may carry Baggage on board the aircraft subject to provisions in this Rule.
MW will accept Baggage subject to the following conditions:
- Passengers must present a valid Ticket for transportation on MW or on MW and one or more other carriers with which MW has an Interline Transportation agreement.
- Checked Baggage will be carried on the same aircraft as the Passenger unless such carriage is deemed impractical by carrier, in which event the carrier will make arrangements to transport the Baggage on the next flight on which space is available.
- All Baggage or other property for which MW assumes custody and for which it issues a Baggage Claim Check shall be deemed acceptable for transportation by air. NOTE: MW has the right to refuse to accept Baggage without a signed Release of Liability from the Passenger.
- Operations, security directives, or other safety considerations may impose limitations to the allowable Carry-On Baggage on a specific flight. MW reserves the right, in its sole and absolute discretion, to determine the suitability and placement of storage of any items to be carried in the cabin of the aircraft. Subject to Carry-On storage capacities of the aircraft, MW reserves the right to check a Passenger’s Carry-On baggage if necessary.
MW will not accept Baggage subject to the following conditions:
- To a point that is not on the Passenger’s Routing.
- Beyond the Passenger’s next point of Stopover or, if there is no Stopover, beyond the final Destination of the Ticket.
- More than four hours prior to Passenger’s scheduled flight departure.
- To an intermediate point unless the intermediate point to which the Baggage is to be checked is a permissible Stopover point at the fare paid. EXCEPTION: If the Passenger is making a connection to the first available MW flight departing from such intermediate point and the connection exceeds four hours, the Passenger may reclaim his/her Baggage at such intermediate connecting point if requested in advance and prior to check in of the baggage.
- When the size, weight, character, or type of packaging renders it unsuitable for transportation on the aircraft, or when the property cannot be accommodated without harming or annoying other Passengers.
- If the Passenger fails to Check In and present Baggage at least 30 minutes prior to scheduled departure.
- Without the Passenger’s identification and if the Passenger’s name appears does not appear on the Baggage.
C. Fee Based Baggage Allowance. When a Passenger presents a valid Ticket for transportation between points on MW, MW will transport the Passenger’s Baggage between such points for a fee, subject to the conditions of acceptance below and the allowances set forth in this Rule. For purposes of this Rule, Fee Based Baggage Allowance is defined accordingly to the number of pieces of Baggage that will be carried, either as Checked Baggage or Carry-On Baggage, provided such Baggage is within the specified Maximum Outside Linear Dimensions and weight limitations for each piece.
- Checked Fee Baggage Allowance. Fees for checked baggage per passenger is as follows:
$20.00 1st item
$25.00 2nd item
$35.00 3rd item and subsequent items thereafter
$35.00 Sports Equipment Fee (Golf bags, Surfboards up to 6 feet, rifle cases, archery bow cases, etc.)
$35.00 Heavy Baggage Fee – any Checked item (including Sports Equipment) weighing
over 50 lbs. but with a maximum of 70 lbs.
- The maximum outside dimensions for checked items is 30″W x 15″H x 45″L and be no more than 70 pounds.
- Baggage fees paid online, through our call center, or at the airport are nonrefundable if unused.
- A maximum of six (6) checked bags (including Sports Equipment and Gate Check items) are allowed per traveling passenger unless otherwise specified herein. Also, checked items 3 through 6 will be considered excess baggage, should there be a need to leave bags behind if there is a weight and balance issue.
- The following exceptions apply:
- Military Passengers traveling on orders may check, at no cost, 2 items. Duffel or sea bags can be up to a maximum weight of 70 lbs. with outside dimensions no more than 30″W x 15″H x 45″L.
- Lap Children are not allowed free baggage. However, a stroller or car seat will be carried at no cost when traveling with a child under the age of 8. MW is not liable for damage to strollers.
D. Carry-On Baggage Allowance. MW will accept one piece of Carry-On Baggage at no cost. Carry-On Baggage is subject to maximum outside dimension of 22”W x 14″H x 9″L and a maximum weight of 15 lbs. Carry-On Baggage must be retained in the Passenger’s custody and stored under a seat or in an area approved for the carriage of such Baggage. Carry-on Baggage is subject to the following additional conditions:
- In addition to the Carry-On Baggage Allowance and providing operational and space limits permit, each Passenger may carry on board the aircraft, without additional charge, any of the following personal articles:
- One small personal article such as a briefcase, small lap-top computer, purse, day planner or camera bag.
- A cane, walking stick and/or crutches and/or braces or other assistive devices on the same flight with the Passenger dependent on the device.
- Diaper bag.
NOTE: Restrictions as to weight and size do not apply to these assistive items except in cases where they exceed the operational capabilities of the aircraft.
- Stringed Musical Instruments such as a guitar, ukulele, violin, etc., will be allowed provided that it falls within the size limitation allowed for normal Carry-On Baggage. (There is an exception to the normal weight allowance where such instrument can be up to 25 lbs.) Should the item be larger than normal size restrictions, the Instrument will be Gate Checked and a baggage tag will be generated at the counter, and the Passenger must sign the Waiver of Liability at that time. The Instrument will be valeted at the aircraft and placed in the baggage compartment, or, if allowed by the Flight Crew, the Ramp Agent will advise that the Instrument is allowed to be taken onboard the aircraft.
- Other musical instruments (or larger Stringed Musical Instruments) will be handled as regular Checked Baggage or Carry-On Baggage dependent on its size. Normal fees will be assessed. Passenger must sign the Waiver of Liability or instrument will not be accepted.
- MW is not liable for damage to any musical instruments as Checked or Carry-On baggage.
- Operations, security directives or other safety considerations may require limitations to the allowable Carry-On Baggage on a specific flight. MW reserves the right in its sole and absolute discretion to determine the suitability and placement of storage of any items to be carried in the cabin of the aircraft.
- Passenger Reroutes. A Passenger rerouted in accordance with Rule 18 will be entitled to the maximum Baggage Allowance applicable for the trip originally purchased, regardless of whether the Passenger is transferred to a different class of service or whether the Passenger is entitled to a fare refund.
E. Cabin Baggage Requiring a Seat. When a Passenger requests that an item be carried in the Passenger cabin of the aircraft as Cabin Baggage, and it is determined by MW in its sole and absolute discretion that the item is acceptable in the cabin but is so fragile and/or bulky as to require the use of a seat, the provisions below will apply:
- A seat for the Cabin Baggage must be reserved in advance and applicable charges paid.
- MW will charge the applicable full Adult fare for the portion of the trip on which the extra seat is used. Normal Cabin Baggage will not be included in determining Baggage Allowance or Excess Baggage Charges.
- Cabin Baggage must be carried aboard the aircraft by the Passenger and be secured in a seat with a seat belt.
- The maximum permissible weight for Cabin Baggage is 165 lbs.
F. Special Items. Special items listed below will be accepted as Checked Baggage by MW in accordance with the following provisions and/or service charges specified. Charges prescribed in this Rule are based on a One-Way trip and are applicable from the point at which the item is accepted to the point to which the item is transported. Where an item is not included in the Baggage Allowance, it will be subject to the total Passenger Baggage count (but not Heavy Baggage charges) and its applicable service fees as mentioned in section 21.C.
- Bassinets and Infant carrying seats. An Infant bassinet or carrying seat (approved in accordance with 14 CFR Part 121.311), including car seats approved for airline travel, will be accepted for use in the Passenger compartment only when an additional seat is reserved for the Infant, a Ticket is purchased, and the Infant carrying seat (bassinet or car seat) can be secured properly by a seat belt.
- Battery Powered Hand Tools. Battery Powered Hand Tools will be accepted as Checked Baggage subject to the conditions specified below:
- The battery must be removed from the Powered Hand Tool to prevent the tool from becoming engaged.
- MW is not liable for loss, damage or delay in delivery of Battery Powered Hand Tools.
- Battery terminals must be insulated or protected against short circuits.
- Firearms and Ammunition. Acceptance of firearms and ammunition is at the sole discretion of MW staff and will be considered Sports Equipment only when permitted by governmental regulations.
- Firearms will be accepted only from a customer who is 18 years of age or older. In accordance with U.S. Federal law, a Passenger who presents Baggage containing a firearm must declare and demonstrate that the weapon is unloaded.
- Advance arrangements must be made.
- A declaration, signed by the Passenger presenting such Baggage and dated on the day the Baggage is accepted for transportation, will be attached to the trigger guard on the inside of the case declaring that the firearms are not loaded.
- Rifles and shotguns must be packed in hard-sided locked cases. Containers must meet IATA requirements.
- Handguns must be packed in hard-sided lockable luggage. Baggage containing handguns must be locked at the time of acceptance by MW and the key or combination retained in the Passenger’s custody.
- Baggage containing firearms will be transported in an area, other than the cockpit, that is inaccessible to Passengers.
- Except for military missions (e.g., CRAF), at no time will fully automatic weapons be acceptable as checked or Carry-On Baggage.
- Properly packaged small arms Ammunition up to a maximum of 11 lbs. (5 kgs.) may be checked as Baggage. Ammunition must be packed in the manufacturer’s original package or securely packed in fiber, wood or metal containers and the Ammunition inside the container must be protected against shock and secured against movement. Ammunition must be packed separately from the firearm. The Passenger shall make a written declaration confirming that the above provisions are met. The maximum gross weight of Ammunition accepted for carriage on any one aircraft is limited to 70 pounds (31.8kgs). Ammunition with explosive or incendiary projectiles will not be accepted.
- EXCEPTION: A law officer will be permitted to carry a firearm onboard the aircraft in compliance with applicable federal, state law or governmental regulations provided advance notice is received by MW.
- Sports Equipment. Sports Equipment such as bicycles, golf bags, archery bow cases, are subject to the Sports Equipment fee. In addition, MW is not liable for damage to any Sports Equipment. The criteria listed below apply to those specific items and will be accepted as Checked Baggage by MW subject to the following conditions and payment of prescribed charges:
- Boogie Boards: Boogie Boards (also, known as “Bodyboards”) is not considered a Sports Equipment. Therefore, all normal baggage fees and restrictions will apply. Boogie boards must be made of polypropylene or similar lightweight materials and must weigh 10 lbs. or less. Note: If the boogie board is packed in a bag, the combined weight of the board, bag and items included in the bag will be subject to all normal baggage fees and weight, size restrictions.
- Bicycles will only be accepted on MW if the bicycle or bicycle case does not exceed the maximum width of 30 inches and can fit within the interior confines of the cargo area. Bicycle tires are considered a part of the accompanying Bycycle if unmounted. MW is not liable for damage to bicycles that are not contained in a hard-sided case.
- Golf Equipment. For purposes of this provision, one standard golf bag containing one set of golf clubs, golf balls, and one pair of golf shoes will be considered as one item of Sports Equipment. The golf bag should be appropriately covered (e.g., zipped and/or locked in a golf bag carrying case). MW is not liable for damage to Golf Equipment that is not contained in a hard sided case. EXCEPTIONS: Standard Golf bags that do not contain golf equipment will be considered normal Baggage (not Sports Equipment) and will be subject to standard/Heavy Baggage Fees and Baggage count. Golf bags with built in garment bags or coolers will be considered Sports Equipment and subject to Heavy Baggage Fees and Baggage count.
- Oars/Paddles. One pair of oars/paddles or one oar case containing up to two oars up to maximum 6feet in length will be accepted free of charge when checked in.
- Archery Bow Case. A Bow Case is defined as one bow case containing bow(s), quiver of arrows and maintenance kit. The Bow Case is considered Sports Equipment and subject to the normal fees as such.
- Scuba Rebreather Equipment/Scuba Dive Tank. Subject to the conditions and charges specified below, Scuba Rebreather Equipment/Scuba Dive Tanks will be accepted as Sports Equipment. For purposes of this provision, one container with up to 3 empty Rebreather Tanks and equipment or one empty Dive Tank will be considered as one item of Equipment. MW is not liable for damage to Scuba Rebreather Equipment/Scuba Dive Tanks.
- Scuba Rebreather Equipment/Scuba Dive Tanks are subject to Sports Equipment fees.
(2) Rebreather Equipment must be encased in a suitable container sufficient to prevent scratches, dents or other damage during normal handling.
(3) Rebreather Tank/Dive Tank must have the regulator valve completely disconnected and removed from the tank. The tank must not be sealed (i.e. the tank has an open end). The tank must have an opening to allow for a visual inspection by a TSA Security Screener.
- Surf Equipment. Surf Equipment is considered Sports Equipment. Subject to the conditions and charges specified below, Surf Equipment may not exceed 72 inches. For purposes of this provision, one surfboard, wakeboard, wave ski, kite board or one surfboard bag containing up to two boards or one kite board bag containing equipment used in kite boarding will be considered as one item of Sports Equipment. MW is not liable for damage to Surf Equipment, Surf Equipment Containers and Surfboard Bags.
- The surfboard’s skeg (fin) must be removed or well padded and the entire board encased in a suitable container sufficient to prevent scratches, dents or other damage during normal handling.
(2) All customers booked on our Caravan Commuter flights are allowed one Surf Equipment i.e. Surf Board, Standup Board or Kite Board (Surf Equipment will not be accepted unless in a proper bag; surf/kite bag) per Ticketed Passenger as Checked Baggage subject to a $35 USD service charge; each additional Surf Equipment will be charged $35 USD per piece.
(3) Surf Equipment will be transported on a space-available basis only and will be carried subject to load capacity. Mokulele Airlines Inc. will not accept Surf Equipment exceeding 72 inches on our turboprop aircraft.
- Personal Human Transporter. For the purposes of this Rule, a Personal Human Transporter is defined as a 2-wheeled battery powered personal transportation device. MW does not accept Personal Human Transporter devices on Cessna Grand Caravan flights.
- One wheelchair per Passenger will be carried no charge as Checked Baggage if it meets sizing requirements. A second wheelchair is subject to standard Baggage Fees and charges.
- The wheelchair will be carried in the cargo compartment of the aircraft.
- Fragile or Perishable Items. A fragile or perishable item may be accepted as Checked Baggage in accordance with this Rule only if it is packaged appropriately (e.g., in an original, factory-sealed carton, in a cardboard mailing tube, in a container/case designed for shipping such item or packed with protective internal material). Upon request and subject to operational needs or space availability, a fragile or perishable item may be carried in a seat subject to the provisions and applicable charges in Rule 20.E above.
- Dry Ice. Dry Ice will be accepted for carriage in Checked Baggage or Carry-on Baggage as long as the ice is being used to keep an item cool. MW will accept no more than 5.5 pounds of dry ice, properly packaged per DOT Hazardous Materials Guidelines, per customer, and no more than 5.5 pounds of dry ice may be carried on board any turboprop aircraft. You must let the counter agent know you are carrying Dry Ice.
- Seafood and prepared foods in boxes or coolers are subject to standard Baggage Fees/Heavy Bag Fees/Baggage Counts. MW is not liable for spoilage of seafood or prepared foods due to any delays or weather conditions that may prevent the normal operation of scheduled or nonscheduled flights. Seafood and prepared foods will be accepted only if it is wrapped in sealed protective material and packed in a leak-proof container. MW will not accept these items packed in Styrofoam containers.
G. MW is not liable for damage to a customer’s Checked Baggage, Carry-on Baggage or other property that contains fragile or perishable items when such damage is caused by the fragile or perishable items. Customers are responsible for all damage caused by their property, whether such damage is to their own property or to someone else’s property
H. MW is not liable for loss/damage of contents or delay in delivery which result from the unsuitability of such item as Checked Baggage and/or the inadequacy of its packaging and not from the carrier’s failure to exercise the ordinary standard of care.
I. MW will not accept wet ice or items containing wet ice as Carry-on Baggage or Checked Baggage.
J. MW will not accept any item that is either confiscated or denied air transport by TSA.
K. Restricted Articles. No dangerous goods or Hazardous Materials will be accepted onboard any MW flight unless specifically exempted as a dangerous good or Hazardous Material by 49 CFR Parts 171-180 and/ or the International Air Transport Association Dangerous Goods Manual.
- Weight/Size/Excess Limitations and Charges.
- Subject to the requirements of Baggage Allowances, Baggage in excess of the maximum Baggage Allowances will be accepted for transportation only upon payment of Excess Baggage Charges and Oversize/Overweight Baggage charges specified in the baggage fees and will be accepted on a space-available basis only and will be carried subject to the load capacities of the aircraft.
- Applicable Charges for Excess Baggage Charge is defined as the fee that is charged on a one-way trip basis for Carriage of an item that is in excess of the Baggage Allowance. A maximum of one Overweight or one Oversize charge will be applied to each checked baggage (in addition to the First, Second and Excess Charges).
Rule 22. Flight Delays, Cancellations, Aircraft Changes
- Where the MW flights originate in the U.S.A., the provisions of this Rule apply to a Passenger who has a Ticket and a confirmed reservation on a flight that incurs a Change in Schedule, Force Majeure Event or a Schedule Irregularity. We strongly advise all customers to provide Mokulele Flight Service, Inc. with multiple contact phone numbers, accurate e-mail, and a proper mailing address. MW will make every attempt to notify passengers of any flight delays, cancellations or diversions as soon as any decision to make such a change is confirmed. On the day of departure, MW employees will update passengers at minimum every fifteen (15) minutes on the status of the flight. MW will not refund tickets for travel on another airline if a passenger does not choose to accept the alternatives given by MW.
B. MW is released from any rescheduling liability if the customer fails to provide MW with proper contact information and we cannot reach the customer with a schedule change in a timely matter.
- Schedules are Subject To Change without Notice. Times shown on tickets, timetables, or elsewhere are not guaranteed and form no part of the Contract of Carriage. MW will notify Passengers at the gate and on board an affected aircraft, in a timely manner, of the best available information regarding known delays, cancellations, and diversions. MW will not be responsible for errors or omissions either in timetables or other representation of schedules. No employee, agent or representative of MW is authorized to bind MW by any flight information statement.
C. Definitions. For the purpose of this Rule, the following terms have the meanings below:
- Change in Schedule – an advance change in MW’s schedule that is not an unique event such as a Schedule Irregularity or Force Majeure Event as defined below.
- Connecting Point – a point to which a Passenger holds or held confirmed space on a flight of one carrier and out of which the Passenger holds or held confirmed space on a flight of the same or another carrier. All airports through which a city is served by any carrier will be deemed to be a single Connecting Point when the receiving carrier has confirmed reservations to the Delivering Carrier.
- Delivering Carrier – a carrier on whose flight a Passenger holds or held confirmed space to a Connecting Point.
- In the circumstance of a Force Majeure Event, MW will, at its election arrange one of the following:
- Force Majeure Event – Any condition beyond MW’s control including, but not limited to, meteorological conditions, acts of God, riots, earthquakes, tsunamis, volcanic activity, bird strike, civil commotions, embargoes, wars, hostilities, terrorist threats, disturbances or unsettled international conditions, either actual, threatened, or reported, or any delay, demand, circumstances, or requirement due directly or indirectly to such condition;
- Disclaimer: In the event of a Force Majeure Event, MW without notice may cancel, divert, terminate, or delay any MW flight without liability and determine if any departure or landing should be made, without any liability to MW. MW may reschedule passenger on another available MW flight or refund any unused portions of the ticket in the form of a travel certificate due to:
- Any strike, work stoppage, slowdown, lockout, or labor-related dispute involving or affecting MW’s services;
- Any governmental regulation, demand or requirement;
- Any shortage of labor, fuel, or facilities of MW or operating partners;
- Damage to MW’s Aircraft or equipment caused by another party, bird strike, etc.;
- Any emergency situation requiring immediate care or protection for a person or property;
- Any event not reasonably foreseen, anticipated or predicted by MW.
- In the circumstance of a Force Majeure Event, MW will:
- Make reasonable attempts to rebook Passenger on another MW flight at no additional cost to Passenger OR
- Refund the total amount of the fare affected by the flight disruption as paid by Passenger in the form of a travel certificate if MW is unable to rebook services acceptable to Passenger.
- MW shall not be responsible for reimbursement or claims of additional expenses incurred by Passenger as a result of a delay, diversion, or cancellation due to a Force Majeure Event.
- Misconnection as a result of a Schedule Irregularity – A delay in a scheduled departure or arrival of a flight due to a mechanical of MW equipment and occurs at a Connecting Point when a Passenger holding confirmed space on an Original Receiving Carrier is unable to use such confirmed space because the Delivering Carrier (MW) was unable to deliver Passenger to the Connecting Point in time to connect with the Original Receiving Carrier’s flight.
- In the event of a misconnection, Other Airline (OA) connecting flight information MUSTbe indicated in MW’s reservations system as confirmed in conjunction with the MW flight, be issued on the same ticket stock, and same ticket number or conjunction ticket number as the MW flight. Only then will MW assist Passenger with making acceptable arrangements for carriage or refund the fare amount paid by Passenger.
- Misconnection Disclaimer – MW cannot guarantee passenger transportation to a connecting flight on MW or on another airline. MW will rebook Passenger on the next available MW flight, other interisland carrier, or refund the unused portion of the MW ticket in the form of a travel certificate in accordance with ticketing requirements above.
- MW shall not be responsible for additional costs or expenses Passenger may incur as a result of the delay, cancellation, or misconnection except as otherwise noted.
- Original Receiving Carrier(s) – a carrier or combination of connecting carriers on whose flight(s) a Passenger originally held or holds confirmed space from a Connecting Point to a destination, next Stopover or Connecting Point.
- Schedule Irregularity– any of the following irregularities:
- Delay in scheduled departure or arrival of a carrier’s flight resulting in a Misconnection;
- Flight or service cancellation, omission of a scheduled stop, or any other delay or interruption in the scheduled operation of a carrier’s flight;
- Substitution of aircraft type that provides different classes of service;
- Schedule changes which require Rerouting of Passengers at departure time of the original flight; or
- Cancellation of a reservation by MW pursuant to Rule 5.
- Refund pursuant to Rule 24.
D. Schedule Irregularity
- Disclaimer: MW shall not be liable for additional costs or expenses incurred by Passenger as a result of a Schedule Irregularity except as noted below. Except to the extent to provide in this Rule and the Warsaw Convention, MW shall not be liable for any Schedule Irregularity resulting as a delay, misconnection or cancellation. MW will only be responsible for transportation from Point A to Point B as agreed on the original contract with passenger.
- In the event of a Schedule Irregularity, Other Airline (OA) connecting flight information MUSTbe indicated in MW reservations system as confirmed in conjunction with the MW flight, be issued on the same ticket stock, and same ticket number or conjunction ticket number as the MW flight. Only then will MW assist Passenger with making acceptable arrangements for carriage (based on minimal cost and flight availability with the other airline) if arrangements are not possible MW will refund the fare amount paid by Passenger in the form of a travel certificate.
- MW cannot guarantee passenger transportation to a connecting flight on MW or on Other Airline. Mokulele will rebook Passenger on the next available MW flight, other interisland carrier, or refund unused portion of MW ticket in the form of a travel certificate in accordance with ticketing requirements above.
- Passengers affected by a Schedule Irregularityon MW may be assisted with one or several of the following measures and certain amenities may be provided:
- Passengers will be provided with one meal if the delay is beyond four (4) hours, reimbursement for one meal up to $14.00 per passenger for one meal only. No alcoholic beverages will be furnished to any passengers.
- MW will make every effort to provide hotel accommodations reasonably near the Airport when a delay is expected to exceed four (4) hours between 10:00 p.m. – 6:00 a.m., and the delay is not in the city of passenger’s domicile.
- Ground Transportation. When lodging is furnished, ground transportation will be coordinated through the hotel’s shuttle service established under MW’s lodging contract. MW will not reimburse any car rental expenses.
- Special Services. For passengers requiring Special Services, MW will provide such amenities as necessary to maintain the safety and welfare of qualified passengers with disabilities, unaccompanied minors, and the elderly.
- MW will do its best to provide updates regarding delays to passengers every 15 minutes, based on availability of information and/or change in status of flight.
- MW’s responsibility for meals and accommodations shall extend only as far as your arrival at the final destination to which MW originally agreed to.
E. Delay, Diversion, Cancellation, Misconnection. When Passenger’s ticket is affected because of a delay, diversion, cancellation, misconnection caused by MW, MW will take the following measures:
- Transport Passenger on any MW flight(s) (subject to flight availability) to the Destination, Stopover Point, or Transfer Point shown on the MW portion of the ticket at no additional cost to Passenger.
- At Passenger’s request (provided the tariff covering the original transportation permits routing via the carrier which will transport the Passenger) MW will re-accommodate Passenger in the same class of service on the next available flight on another carrier, or combination of carriers, if the length of the delay to Passenger’s destination is expected to exceed four hours.
- Amenities for Delayed Passengers. In the event delayed or cancelled flights are caused by circumstance beyond MW’s control, such as Force Majeure events as defined, MW is not liable for the amenities specified in this rule.
MW’s responsibility for meals and accommodations shall extend only as far as your arrival at the final destination only to which MW originally agreed to.
- MW will make every effort to provide hotel accommodations reasonably near the Airport when a delay is expected to exceed four (4) hours between 10:00 p.m. – 6:00 a.m., and the delay is not in the city of passenger’s domicile.
- If MW is unable to secure hotel accommodations, MW will reimburse Passenger of USD $89.00 maximum total per night for up to four (4) passengers traveling in one party, thereafter, an additional $10.00 per additional passenger traveling in the same group.
- MW cannot guarantee lodging as an option during high season events where accommodations may not be readily available.
- Lodging will not be furnished:
- To Passenger whose trip is interrupted either at a city in which Passenger permanently resides or is Passenger’s Point of Origin or
(2) The destination city/airport designated on Passenger’s ticket and the city/airport Passenger is diverted to are located on the same island or
(3) When interruption is due to circumstances outside MW’s control such as weather condition and air traffic control delays and refer to Force Majeure Events.
- Passengers will be provided with one meal if the delay is beyond four (4) hours, reimbursement for one meal up to $14.00 per passenger for one meal only. No alcoholic beverages will be furnished to any passengers.
- Ground Transportation. When lodging is furnished, ground transportation will be coordinated through the hotel’s shuttle service established under MW’s lodging contract. MW will not reimburse any car rental expenses.
- Special Services. For passengers requiring Special Services, MW will provide such amenities as necessary to maintain the safety and welfare of qualified passengers with disabilities, unaccompanied minors, and the elderly.
- MW will do its best to provide updates regarding delays to passengers every 15 minutes, based on availability of information and/or change in status of flight.
- Extraordinary Circumstances on Board Aircraft. MW will use reasonable efforts to provide food, water, restroom facilities and access to medical treatment for Passengers on board an aircraft that is on the ground for an extended period without access to the terminal, consistent with Passenger and employee safety and security concerns. In cases of tarmac delays of two hours or more, MW will institute the following procedures:
- In the instance where passengers are required to remain onboard an aircraft on the tarmac in excess of two hours, MW will distribute food (pretzels, granola bars or similar) and potable water no later than two hours after the aircraft has left the gate or touches down if the aircraft remains on the tarmac, unless the pilot-in-command determines that safety or security requirements preclude such service.
- In the instance where an aircraft is required to hold on the tarmac, MW will return to the gate.
- In the instance where medical assistance is needed, MW will utilize passengers or employees with medical expertise (licensed doctor, nurse or crewmembers) and in the instance this is not available, contact the airport emergency medical response team and permit boarding of the aircraft or deplaning of the passenger requiring attention.
- MW will dedicate its flight crew to the performance of these duties and will request additional support from ground crew or airport facilities should its personnel require assistance.
- MW has provided this plan to the management at all of the airports it serves, to include local TSA and U.S. Customs and Border Protection where the plan has been reviewed and approved.
- MW will not be held liable or associated with a wrongful cause to the delay or cancellation barring any unforeseen circumstance beyond its control’s or responsible to attributing any additional costs incurred to the passenger such as separate accommodations for air tours, air travel, car rentals, ground tours, motor cycle rentals, restaurant, scuba diving, skiing, spa, salon or cost based recreational and personal engagements.
Rule 23. Denied Boarding Compensation
Upon request, MW will advise a customer if his/her flight is overbooked. When MW determines that there are not enough available seats on a flight to accommodate all customers holding confirmed reservations and tickets, MW will take action as specified below regarding voluntary and/or involuntary denied boarding.
- MW will ask for customers to voluntarily relinquish their seats in exchange for compensation in the form of a travel credit as determined by MW. The request for, and selection of, volunteers will be in a manner determined solely by MW. Because the selection of volunteers is based on a variety of factors, and because we may have more volunteers than we need, some volunteers may not be selected.
1. Boarding Priorities. If a flight is oversold and there are not enough volunteers, MW may be required to deny boarding involuntarily, in accordance with the following:
- Ease of re-accommodation.
- Fare/Class of Service purchased.
- Time of check in.
- Boarding preference may be given to Frequent Flyer program members based on their status in the program and time of check in.
- Special efforts will be made to never involuntarily deny boarding to customers requiring special assistance or to unaccompanied minors.
C. Transportation for Customers Who Are Denied Boarding. MW will transport customers who have been denied boarding, whether voluntarily or involuntarily, on its next flight on which space is available at no additional cost to the customer. If MW is unable to provide onward transportation, MW will attempt to arrange transportation for the customer on the next available flight of another airline with which MW has an agreement allowing the acceptance of each other’s tickets at no additional cost to the customer.
D. Compensation for Flights
- MW will offer the following compensation to customers denied boarding involuntarily on flights within the MW Hawaii network:
- A transferable voucher for one free roundtrip coach class ticket on MW within MW Hawaii network,
- Certain restrictions may apply to these tickets, which are disclosed in materials available from MW agents and on the MW or affiliate websites (mokuleleairlines.com
- Waiver of Payment of CompensationDenied boarding compensation payment may not be made if:1. The customer has not complied with the applicable time limit for presenting himself or herself at the boarding gate even if the customer has already checked in at another location.2. The customer is offered accommodations in a class of service on the aircraft other than that specified on his/her ticket (at no extra charge), except that a customer seated in a section for which a lower fare is charged shall be entitled to an appropriate refund.3. The flight for which the customer holds confirmed reserved space is unable to accommodate that customer because of the substitution of equipment of lesser capacity when required by operational or safety reasons.4. Mokulele Airlines, Inc. arranges comparable air transportation, or other transportation used by the customer at no extra cost to the customer, that at the time such arrangement is made, is planned to arrive at the airport of the customer’s next stopover or, if none, at the airport of the final destination not later than one hour after the planned arrival time of the customer’s original flight or flight(s).5. If MW refuses to transport the passenger for any of the reasons stated in section III of the contract of carriage.
F.Free Air Transportation as Compensation for Travel
Free air transportation is limited to one round trip ticket from any one city served by Mokulele
Airlines, Inc. to any one destination served by MW within the MW network.
The voucher for free air transportation will be provided only to the customer who was denied boarding, although the customer may elect to transfer the voucher to another person. The voucher for free air transportation must be exchanged for a ticket within one year from the date of issuance of the voucher. Tickets issued in exchange for free air transportation vouchers are valid for one year from the date of ticket issuance. All travel must be completed within one year of the date of ticket issuance. Space is subject to availability at time of booking and travel must be via MW only and via the most direct routing on which space is available. A stopover will be permitted only at the customer’s outward destination. The ticket has no refund value and may be rerouted and reissued only by MW A customer involuntarily denied boarding may decline this transportation benefit and receive the cash payment specified in Section X describing involuntary compensation.
MW policies and procedures on voluntary and involuntary denied boarding, including applicable check-in deadlines, are available from authorized MW agents and on the MW or affiliate websites (www.mokuleleairlines.com).
Rule 24. Rerouting
A. Rerouting Eligibility. Unless the fare purchased otherwise indicates, MW will reroute a passenger at the passenger’s request and upon presentation of the ticket or portion thereof then held by the passenger plus payment of any applicable fees, charges, and fare differentials.
B. Fare Applicable to Rerouting or Change in Destination
- Passengers may change the routing and/or the ultimate destination designated on his/her ticket provided that, after transportation has commenced, a one-way ticket will not be converted into a Round Trip, Circle Trip, or Open Jaw Trip ticket.
- Except as otherwise provided in Rule 22, the fare and charges applicable to any changes in itinerary, class of service, or change in ultimate destination made at the passenger’s request at an office of MW prior to arrival at the ultimate destination named on the original ticket, shall be the fare and charges in effect on the date when the revised routing and/or ultimate destination is entered on the passenger’s new ticket. Any difference between the fare, penalties, and service charges applicable to the original ticket issued to the Passenger will be either collected from or refunded to the passenger, as the case may be.
Rule 25. Refunds
A. Refunds – Involuntary
- The amount MW will refund upon surrender of the unused portion of the Passenger’s Ticket for involuntary reasons pursuant to Rule 18 or Rule 21 will be as follows:
- If no portion of the ticket has been used: An amount equal to the fare and charges paid. EXCEPTION: MW shall not be obligated to refund any portion(s) of a fully unused Ticket which does not reflect a confirmed reservation on a MW flight involved in a Schedule Irregularity, unless such ticket was issued by MW.
- If a portion of the Ticket has been used:
- One Way fares – An amount equal to the lowest comparable one way fare for the class of service paid for the segment not flown.
- Area Fare/Flat Rate Fare – The refund amount will be computed by applying the same rate of discount, if any, applied in computing the original fare from the point of termination to the destination on the ticket, stopover, or the point where transportation will be resumed via the routing specified on the ticket, if the point of termination was on the routing of the ticket; or if the point of termination was not on the routing specified on the ticket, the direct routing of any carrier operating service between such points.
- If no fare of the type (fare basis) paid by the passenger is published between the termination point and the passenger’s destination or next stopover point, the refund amount will be the same proportion of the normal coach (Y) fare published between the termination point and the destination or next stopover point, as the fare paid is of the normal coach (Y) fare between the passenger’s point of origin or previous stopover point and destination or next stopover point. EXCEPTION: MW shall not be obligated to refund any portion(s) of a ticket which does not reflect a confirmed reservation on a MW flight involved in a Schedule Irregularity, unless such ticket was issued by MW.
B. Refund will be made in accordance with this Rule, provided application for such refund has been made prior to the expiration of ticket.
- MW will make no refund but may, at its discretion, provide ground transportation to the destination airport without charge when the destination city airport designated on the passenger’s ticket and the city airport where the flight terminates are both within any of the following city groups:
- Waimea/Kamuela Hawaii and Kailua Kona, Hawaii
(2) Kapalua Maui and Kahului Maui
(3) Honolulu Oahu and Kapolei/Barber’s Point Oahu
- When a Passenger holding a ticket for carriage for a higher class of service between a point of origin and a destination is required by the carrier to use a lower class of service for any portion of such carriage the amount of refund will be as follows:
- FOR ONE WAY TICKETS: The difference between the fare for the higher class of service and the fare for the lower class of service between the points where the lower class of service is used.
(2) FOR ROUND TRIP, CIRCLE TRIP OR OPEN JAW TICKETS: The difference between 50 percent of the round trip fare for the higher class of service and 50 percent of the round trip fare for the lower class of service used.
(3) Involuntary refunds will be subject to a $20 administrative handling fee.
C. Refunds – Voluntary. For tickets eligible for refunds, unless it is an involuntary refund as stated in Rule 24.A, MW will, upon the Passenger’s surrender of the unused portion of a MW issued ticket or e-Ticket or confirmation, refund to the Passenger as follows:
- For any MW ticket, cancelled within 24 hours from the date of confirmation and made one week or more prior to a flight’s departure date, refunds will be refunded in full to the original form of payment.
- For any MW ticket, cancelled within 24 hours from the date of confirmation and made within one week prior to a flight’s departure date, refunds will be refunded to a travel voucher less any cancellation fees.
- Refund will be applied to a travel voucher valid for 1 year only from the booking date of the original reservation less any cancellation fees. The expiration date of the travel voucher cannot be extended. MW is not responsible for lost or missing voucher or PIN codes.
- The value of this travel voucher maybe applied to any new reservation, all change fees plus any fare difference will apply. Please call our Call Center or visit our website to apply your voucher to a new ticket.
- Any applicable administrative service charge or cancellation fee included as part of the published fare Rule for the ticket in question will be deducted from the amount to be refunded under Rule 24.
- MW will process refunds for eligible tickets within 30 business days from request of refund for credit card purchases. Credit card refunds that are not able to be refunded due to miscellaneous reasons will be refunded by MW Company Check.
- Refunds may be in the form of an electronic voucher.
- Refunds are subject to a $20 administrative fee.
- Refunds for customers that abandon a trip due to irregular operations beyond Mokulele Airlines control must first cancel the remaining reservation on MW in order to receive a voucher. Customers that abandon a trip without first notifying MW will be considered a “no show” for the abandoned flight segment and will not be eligible for a refund or use the remaining balance of their reservation.
D. Persons to Whom Refund is Made
- Except as provided below, MW will refund in accordance with this Rule only to the person named as the passenger on the ticket.
- EXCEPTION 1
- Tickets issued against a Transportation Request issued by a government agency, other than the U.S. Government, will be refunded only to the government agency that issued the Transportation Request.
- Tickets issued against a U.S. Government Transportation Request (GTR) will be refunded only to the U.S. Government agency which issued the GTR by check made payable to the “Treasurer of the United States”.
- Tickets issued against a credit card honored by MW will be refunded only to the account of the person to whom such credit card was issued.
- Tickets issued in the name of a minor will be refunded to the parent, guardian, or a third party as designated in accordance with Exception 2 below.
- EXCEPTION 2
- If, at the time of purchase, the purchaser designates on the ticket another person or entity to who refund shall be made, the refund will be made to the person so designated. A refund made in accordance with this procedure to a person representing himself/herself as the person so designated on the ticket exchange order shall be deemed a valid refund, and MW will not be liable for another refund to the purchaser or any other person.
- EXCEPTION 3
- If at the time of application for refund, evidence is submitted that a company purchased the ticket on behalf of its employee, or the travel agent has made a refund to its client, such refund will be made directly to the employee’s company or the travel agent.
E. Nonrefundable Tickets
- General Rule. MW will not refund any portion of a ticket that is purchased with a nonrefundable fare, including the fare and any taxes, fees, or other charges included within the total price paid for the ticket.
- Application of Unused Ticket toward Future Ticket Purchase. MW may, at its discretion, allow a portion of the nonrefundable fare paid for an unused and unexpired nonrefundable MW ticket to be applied towards the purchase of future travel on MW, provided it is done in accordance with the applicable fare Rule in place at the time of such request. Change fees and other administrative charges may apply. Any portion not so applied will not be refunded in any form.
F. Application for Refund of Lost Tickets
Mokulele is a paperless ticket airline, therefore there should not be a need to file for or claim for a Lost Ticket. Inquiries for any Lost Tickets should be directed to [email protected].
Rule 26. Additional Liability Limitations
A. Successive Carriers. Carriage to be performed under one Ticket or under a Ticket and any Conjunction Ticket issued in connection therewith by several successive carriers is regarded as a single operation.
B. Warsaw Convention Application. MW agrees in accordance with Article 22(1) of the Warsaw Convention that, as to all international transportation hereunder as defined in the Warsaw Convention:
- MW shall invoke the limitation of liability in Article 22(1) of the Warsaw Convention as to any claim for recoverable compensatory damages arising under Article 17 of the Warsaw Convention;
- MW shall avail itself of any defense under Article 20(1) of the Warsaw Convention with respect to that portion of such claim which does not exceed 100,000 Special Drawing Rights (SDR’s);
- Except as otherwise provided in Rule 25.B.1 and Rule 25.B.2, MW reserves all defenses available under the Warsaw Convention to such claims. With respect to third parties, MW reserves all rights of recourse against any other person, including without limitation, rights of contribution and indemnity;
- MW agrees that subject to applicable law, recoverable compensatory damages for such claims may be determined by reference to the law of the Domicile or permanent residence of the Passenger;
- Liability for delay of the Passenger shall not exceed the limitation set forth in the Warsaw Convention;
- Nothing herein shall be deemed to affect the rights and liability of MW with regard to any claims brought by, on behalf of, or in respect to any person who has willfully caused damage which resulted in death, wounding, or other bodily injury of a Passenger; and
- Any action brought pursuant to the Warsaw Convention is barred unless commenced within two years of the alleged occurrence.
C. General Limitation of Liability. Except to the extent the Warsaw Convention or other applicable law may otherwise require or except as specifically provided otherwise in this Contract of Carriage, the following limitations of liability apply:
- MW shall not be liable for any death, injury, delay, loss or other damage of whatsoever nature (hereafter referred to collectively as “damage”) arising out of or in connection with carriage or other services performed by MW, unless such damage is proven to have been caused by the sole negligence or willful misconduct of MW and there has been no contributory negligence on the part of the Passenger.
- MW shall not be liable for any damage arising out of MW’s compliance with any laws, government regulations, orders, Rules, requirements or security directives or as a result of a Passenger’s failure to comply with such laws, government regulations, orders, Rules, requirements or security directives or as a result of Passenger’s reliance on advice provided by MW regarding such laws, regulations, orders, Rules, requirements or security directives.
- MW shall not be liable for any punitive, consequential or special damages arising out of or in connection with carriage or other services performed by MW, whether or not MW had knowledge that such damage might be incurred.(A) In situations arising under Rule 21.A through Rule 21.E., MW shall not be responsible for compensatory, consequential, or other damages. Except as otherwise set forth herein, the passenger’s sole and exclusive remedy shall be Rule 24.A (Refund – Involuntary).
- Any limitations or exclusions of liability of MW shall apply to and be for the benefit of MW’s agents, employees, vendors and representatives acting within the scope of their employment and also to any person whose aircraft is used by MW and its agents, employees or representatives acting within the scope of their employment.
- Domestic Carriage Limitation of Liability for Baggage. If all of the Passenger’s Ticketed segments are for carriage within the U.S.A., the following shall apply:
- Liability for the loss of, damage to or delay in delivery of a Passenger’s personal property, including Baggage, when such personal property or Baggage has been checked (unless a higher value is declared in advance and additional charges are paid and personal property is not otherwise exclude able), is limited to USD $3,300.00 per Ticketed Passenger. Passenger will be responsible for documenting and proving the actual value of the loss. MW shall not be liable for any consequential damages arising from the loss of, damage to or delay in delivery of Baggage.
D. MW assumes no responsibility or liability for Baggage or other items carried in the Passenger compartment of the aircraft.
E. In the case of lost, damage to or delay in delivery of a Passenger’s personal property, including Baggage, a preliminary notice of claim must be submitted to MW by the passenger within four hours after arrival of the flight on which the Baggage was or was to be transported. In the event of failure to give such preliminary notice of claim (absent extraordinary circumstances to be determined at MW’s discretion), no action shall lie against MW.
- Interim Purchases. Mokulele requires that receipts be presented for all reasonable expense reimbursements incurred due to the delay of passenger’s bag, entitled after 24 hours unless the occurrence is on the last flight for that destination. Reasonable expenses to cover for necessities such as toiletries and clothing, taking into account the ability to use the new items in the future, will be at USD $25.00 per day for up to 3 days.
F. After preliminary notice of claim to MW by the Passenger, the Passenger must obtain a written claim form from MW.
G. The completed written claim form pertaining to the claimed lost, damage to or delay in delivery of a Passenger’s personal property, including Baggage must be received by MW’s Customer Service Center from the Passenger within 15 days after flight date. If the Passenger’s fails to return the completed written claim form within the specified time period (absent extraordinary circumstances to be determined at MW’s discretion), no action shall lie against MW.
H. Wheelchairs and Other Assistive Devices. For domestic travel only, the baggage limitations of liability set forth in this Rule do not apply to claims for loss, damage or delay concerning wheelchairs or other assistive devices. Liability for a lost or irreparably damaged wheelchair or other assistive device will be the original purchase price of the device, or where repairable, the actual cost of repair. Documentary proof is required from the Passenger for any claim for damages, loss or repair. MW has the right to inspect and document any pre-existing damage prior to acceptance of wheelchairs or other assistive devices as Checked Baggage. The notice and claim requirements of this Rule do apply.
I. Exclusions from Baggage Liability (Applies to Domestic and International Carriage).
- Notwithstanding the foregoing limitations, MW shall not be liable for the loss of, damage to or delay in delivery of any fragile or perishable items, nor for loss of, damage to or delay in delivery of any of the following:
- Antiques, artifacts, heirlooms, collectibles, religious items and artifacts;
(2) Frozen or preserved food and related items;
(3) Backpacks not designed for travel, sleeping bags and knapsacks made of plastic, vinyl or other easily torn material with aluminum frames, outside pockets or with protruding straps and buckles;
(4) Business equipment and business samples;
(5) CDs, DVDs, MP3s;
(6) Chinaware, glass, ceramics, pottery;
(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 MW, except for items that otherwise would be suitable for transportation without the cardboard box (e.g., bicycle, garment bag);
(10) Electronic and mechanical items, including cell phones, electronic games; and other related items;
(11) Eyeglasses, Binoculars, Prescription Sunglasses and Non-Prescription Sunglasses and all other eye wear and eye/vision devices;
(12) Garment bags not designed for travel;
(13) Irreplaceable items;
(14) Items made of paper (e.g., advertising displays, blueprints, maps, manuscripts, business/personal documents, historical documents, photos, books, negotiable papers, securities, etc.);
(17) Liquids, Perfumes, Liquor, jerkins;
(18) Medicines, medical equipment;
(19) Money, gift cards and gift certificates;
(20) Natural fur products;
(21) Perishable items such as food, seafood, tobacco and related items;
(22) Photographic/cinematographic/audio/video equipment, cameras and related items;
(23) Precious metals/stones;
(24) Firearms and Ammunition;
(25) Sports Equipment;
(26) Tools, battery powered hand tools, tool boxes/containers;
(27) Totally unprotected items such as tennis racquets and umbrellas, either individually checked or tied/strapped to the outside of luggage;
(28) Silverware, knives, swords;
(29) Watches (Timepieces);
(30) Works of art such as paintings or sculptures; or
(31) Any other similar valuable property or irreplaceable property included in the Passenger’s Checked or Carry-on Baggage with or without the knowledge of MW.
- MW shall not be liable for Baggage not claimed by Passenger immediately upon arrival.
- MW shall not be liable for damage caused by a customer’s property, whether such damage is to the customer’s own property or to other’s property.
- MW shall not be responsible for damaged Baggage that is received in such condition when delivered by another carrier for Interline Transfer to MW.
- MW shall not be liable for the loss of, damage to or delay in delivery of any Baggage accepted by another carrier for Interline Transfer to MW, if the Baggage is not acceptable for transportation as Checked Baggage by MW.
- A Passenger traveling with an animal shall be responsible for compliance with all governmental regulations and restrictions, including furnishing valid health and rabies vaccination certificates when required. MW will not be liable for loss or expense due to the Passenger’s failure to comply with this provision, and MW will not be responsible if any animal is refused passage.
- MW shall not be liable for damage to Sports Equipment (such as Archery Equipment, Boogie/Skim/Speed Boards, Bowling Equipment, Fishing Equipment, Hang Gliding Equipment, Hockey/Lacrosse Sticks, Javelins, Kite boarding Equipment, Oars, Pole Vaulting Equipment, Pool Cues, Re-breather Equipment, Scuba Diving Tanks, Scuba/Diving Equipment, Water Skiing/Snow Skiing/Snowboarding Equipment, Surfboards, Surfboard Equipment Containers, Surfboard Bags, Wave Skis, Wake-boards and Windsurfing Equipment, but not limited to these specific items).
- MW shall not be liable for damage to Golf Equipment that is not contained in a hard-sided case.
- MW shall not be liable for damage to Bicycles that do not have the handlebars fixed sideways and pedals removed, handlebars and pedals encased in plastic foam or similar material, or are not contained in cardboard containers or hard sided cases.
- MW shall not be liable for damage to Personal Human Transporters.
- MW shall not be liable for damage to Musical Instruments.
- MW shall not be liable for damage to Strollers.
- MW shall not be liable for any Baggage for which MW and/or its’ agents or representatives or any interline airline has received a signed release form from the passenger.
- MW shall not be liable for damage to Checked Baggage which does not impair the ability of such Baggage to function and specifically shall not be liable for damage arising from the normal wear and tear of handling, including minor cuts, scratches, scuffs, dents, punctures, marks or soil.
- MW shall not be liable for loss of or damage to protruding parts such as wheels, feet, external pockets, pull handles, hanger hooks, external locks, pull straps and security straps.
MW shall not be liable for loss of or damage to articles due to a manufacturer’s defect or due to over packed Baggage.
- MW shall not be liable for loss of or damage to articles which are strapped, fastened or otherwise secured to other 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.
- MW shall not be liable for damage caused by improperly packed Checked Baggage or Carry-On Baggage.
- MW shall not be liable for the loss of, damage to or delay in delivery of any Checked Baggage of a person traveling on a Ticket who is other than the Passenger to whom the Ticket was issued.
- MW shall not be liable for the loss of, damage to or delay in delivery of any Checked Baggage of an employee of an airline other than MW or such employee’s family or friends traveling on a non-revenue pass.
- MW will not be liable for delivery or interim expenses incurred by the Passenger with delayed baggage if Passenger fails to meet the check-in time requirements set out in Rule 20.
J. Declaration of Higher Value for Checked Baggage
- A Passenger may, when checking in for a flight and presenting Baggage to be checked for transportation, declare a value higher than the maximum limitation of liability amount specified herein subject to the conditions and charges below, in which event MW’s liability shall not exceed the higher declared value.
- MW’s higher valuation may be purchased at a one-way rate of higher declared value, but total declared value may not exceed USD $5,000.00.
- Declaration of higher value shall not apply to any items in Rule 25C.
- MW has the discretion to not accept Baggage of any one Passenger having a declared value in excess of USD $5,000.00 unless special arrangements have been made in advance by the Passenger with MW.
- When personal property, including Baggage, is tendered for transportation via two or more carriers with different maximum limits on declared value, the lowest limit for any such carrier shall apply to all carriers participating in such transportation.
- Excess value charges will be payable on a one-way basis at the point of Origin for the entire journey to the final Destination, provided that, if at a Stopover en route, a Passenger declares a higher excess value than that originally declared, additional value charges for the increased value from Stopover to the final Destination will be due from the passenger. EXCEPTION: Excess value charges will be due from the Passenger to MW only to the point to which the Baggage is checked, or to the point of Transfer to another carrier if such point is before the point to which Baggage is checked.
K. Delivery of Baggage. MW will use reasonable efforts to return Checked Baggage within 24 hours of notice in writing by the Passenger of a delayed bag. MW will attempt to contact any Passenger whose unclaimed, Checked Baggage contains a name and address or telephone number. Delivery method will be conducted by any company of choice by MW.
L. Limitation of Liability – Services of Other Carriers. MW’ s liability for damage, if any, shall be limited to occurrences on its own flights only, except in the case of Checked Baggage, in which case the Passenger also has the right of action against either the first or last carrier in the flown itinerary.
- A carrier issuing a ticket or checking baggage for carriage over the lines of others does so only as agent and is not liable for actions on the part of the operating carrier.
- MW shall not be liable for the death or injury of a Passenger not occurring on its own operated flights.
- Mokulele Flight Service, Inc.’s liability in the case of refusal to transport passenger on a specific flight or removal of a passenger en route pursuant to Rule 18 shall be limited to the refund value of the unused portion of the passenger’s ticket in accordance with Rule 24.A.
Rule 27. Customer Service Complaints
Hawaii is known for its Aloha and visitor satisfaction. Mokulele Customer Care makes it our priority as well. We are committed to providing you with quality customer service and support. Please contact us if you have a comment or a complaint. Please submit your complaints within 60 days of incident so that they may be resolved accordingly. Any complaints submitted after 60 days of incident will be recorded but will not guarantee a proper resolution. Please email [email protected].
Rule 28. Privacy Notice
Mokulele Flight Service, Incorporated is committed to protecting the privacy of its customers in compliance with all relevant data protection laws. Please be advised that when you book or purchase a MW ticket for transportation if you participate in MW programs or services, personal data is collected, used, processed and transferred for the following business purposes: making a reservation; purchasing a ticket; purchasing cargo services; participating in services; obtaining ancillary services, including accommodating special service requests; accounting, billing and auditing; checking credit or other payment mechanisms; operating frequent flier programs; systems testing, maintenance and development; customer relations; sales and marketing; promotions for goods and services and third party’s goods and services; statistical analysis; developing and tailoring current and future services; facilitating travel, including obtaining TSA clearance; complying with applicable laws; providing data to third parties or governmental agencies to comply with, or assist in the development of, security or safety measures for passengers, baggage or cargo, or to provide for the prevention or detection of imminent criminal acts or the apprehension or prosecution of offenders; protecting the legal rights of MW.
Upon booking a ticket for transportation or purchasing other services, you authorize MW and its affiliates and authorized agents to (1) collect, process, retain and use, and (2) transfer to third parties, including other carriers and government agencies, for their use, processing and retention, such personal data as MW deems necessary to carry out the above-mentioned business purposes. You may contact MW Customer Care at the address set forth below if you would like to review and rectify your personal data on file. If you object to MW maintaining and using your personal data for marketing purposes, written requests to opt out of optional programs can be made to: [email protected].
Rule 29. Passengers Requiring Assistance
It is the policy of MW to provide equal opportunity for all would-be travelers. Accordingly, MW will not refuse to provide transportation to a disabled individual, who may be transported in accordance with the Company’s FAA-approved operating procedures, on the basis of his or her disability provided that he or she is able ascend and descend stairs without the use of a lift device. MW may refuse to provide transportation to any customer whose carriage may impair the safety of the flight in accordance with the provisions of this contract, and may refuse to provide transportation to any customer whose carriage would violate federal regulations (including FAA and TSA regulations) or the Company’s FAA-issued operating manuals. In exercising this authority, however, Mokulele Airlines personnel will not discriminate against any disabled individual solely on the basis of the disability.
For your safety, to travel in our Cessna aircraft, customers must be able to ascend and descend several steps to board the aircraft without the use of a lift device. MW’s aircraft only hold 9 passengers and therefore, are not required to provide enplaning or deplaning lift devices. Please refer to the Air Carrier Access Act, section 382.97 for more details.
Customers who, because of age, mental or physical condition, disability or impairment, that requires individual attention or consideration to enplane or deplane an aircraft or to manage oneself during the flight in normal operations or emergency conditions, will be afforded a reasonable amount of assistance by MW employees. This assistance will be in a dignified, safe, professional and courteous manner and at all times. MW will consult with the customer about any assistance and special plans arranged on the customer’s behalf. MW will extend this assistance to all qualified individuals with a disability as this legal term is more broadly defined to protect all those who may otherwise suffer from discriminatory practices. We do, however, ask that if any assistance is needed, that it be communicated at the time the reservation is made, or if the reservation is made online, that you contact our Res Center so they can document your reservation and our staff can be prepared for your arrival at the airport.