Hawaiian Airlines Order 2018-4-7

This order concerns violations by Hawaiian Airlines (Hawaiian) of the requirements of 14 CFR Part 250 with respect to providing denied boarding compensation (DBC) to passengers who were involuntarily denied boarding. This order also concerns violations by Hawaiian of the requirements of 14 CFR Part 382 with respect to providing timely dispositive written responses to written disability-related air travel complaints, and properly categorizing and reporting disability-related complaints. Violations of Part 382 also violate the Air Carrier Access Act (49 U.S.C. § 41705), 49 U.S.C. § 41702 to the extent the violations occurred in interstate air transportation, and 49 U.S.C. § 41310 to the extent the violations occurred in foreign air transportation. Failure to comply with Parts 250 and 382 also violates 14 CFR 259.5, which requires a covered carrier to adhere to a customer service plan that includes a commitment to handle “bumped” passengers with fairness and comply with the requirements of 14 CFR Part 250 and a commitment to properly accommodate passengers with disabilities. Violations of Parts 250, 259, 382 and 49 U.S.C. §§ 41310, 41702, and 41705 also constitute unfair and deceptive practices and unfair methods of competition in violation of 49 U.S.C. § 41712.