BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

__________________________________________ 

 ) 

Joint Application of ) 

 ) 

 HAWAIIAN AIRLINES, INC. ) 

 and ) Docket DOT-OST-2013-______ 

CHINA AIRLINES, LTD. ) 

 ) 

For statements of authorization under ) 

14 C.F.R. Part 212 ) 

(Reciprocal Codesharing) ) 

__________________________________________) 

JOINT APPLICATION OF 

HAWAIIAN AIRLINES, INC. AND CHINA AIRLINES, LTD. 

FOR STATEMENTS OF AUTHORIZATION 

Communications with respect to this document should be sent to: 

George U. Carneal Jonathan B. Hill 

Hogan Lovells US LLP J. Parker Erkmann 

555 Thirteenth Street, NW Benjamin M. Berlin 

Washington, DC 20004-1109 Dow Lohnes PLLC 

(202) 637-6546 1200 New Hampshire Ave., N.W. 

George.carneal@hoganlovells.com Suite 800 

Washington, DC 20036 

Counsel for China Airlines, Ltd. (202)776-2000 

 jhill@dowlohnes.com 

 perkmann@dowlohnes.com 

 bberlin@dowlohnes.com 

Counsel for Hawaiian Airlines, Inc. 

September 19, 2013 

NOTICE: The Joint Applicants request expedited processing of this Application. The Joint 

Applicants will poll the U.S. carrier representatives served with this Application 

and notify the Department promptly of the results of the poll. 
BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

__________________________________________ 

 ) 

Joint Application of ) 

 ) 

 HAWAIIAN AIRLINES, INC. ) 

 and ) Docket DOT-OST-2013-______ 

CHINA AIRLINES, LTD. ) 

 ) 

For statements of authorization under ) 

14 C.F.R. Part 212 ) 

(Reciprocal Codesharing) ) 

__________________________________________) 

JOINT APPLICATION OF 

HAWAIIAN AIRLINES, INC. AND CHINA AIRLINES, LTD. 

FOR STATEMENTS OF AUTHORIZATION 

 Hawaiian Airlines, Inc. (“Hawaiian”) and China Airlines, Ltd. (“China Airlines”) 

(collectively, the “Applicants”) jointly apply for blanket statements of authorization under 14 

C.F.R. Part 212 in order to engage in the reciprocal codeshare operations described herein.

 In support of this Application, the Applicants state as follows: 

 1. On July 11, 2013, the Applicants entered a Freeflow Codeshare Agreement (the 

“Agreement”) attached hereto as Exhibit 1.1

 In order to implement the Agreement, Hawaiian and 

China Airlines request the following authority: 

a. A blanket Statement of Authorization for Hawaiian to display China 

Airlines’ CI* designator code on flights operated by Hawaiian between (1) any point or 

points in the United States and any point or points in Taiwan (either nonstop or via 

intermediate points), (2) any points in the United States, (3) any point or points in the 

United States and any point or points in any third country, and (4) any point or points in 

Taiwan and any point or points in any third country; and 
2

b. A blanket Statement of Authorization for China Airlines to display 

Hawaiian’s HA* designator code on flights operated by China Airlines between (1) any 

point or points in the United States and any point or points in Taiwan (either nonstop or 

via intermediate points), (2) any points in Taiwan, (3) any point or points in Taiwan and 

any point or points in any third country, (4) any point or points in the United States and 

any point or points in any third country, and (5) points in any third country or countries. 

 2. The routes that are initially covered by the Agreement are identified in Annex 1 of 

the Agreement. Pursuant to the Department’s streamlined blanket notice approach to 30-day 

notices announced by Notice served February 9, 2009, the Applicants hereby provide notice of 

code-sharing on the following additional routes: 

 between any point or points in the United States and any point or points in Taiwan (on a 

nonstop basis and intermediate routings via open-skies points); 

 between U.S. points; 

 between Taiwanese points; 

 beyond Taiwan to any open-skies point or points; and 

 beyond the United States to any open-skies point or points. 

The Applicants will provide the Department with 30-days’ notice before implementing 

additional codesharing services not covered by this blanket notice, including services to or from 

points in non-open skies countries. 

 3. The Applicants currently hold all underlying authority necessary to engage in 

these reciprocal codesharing services. Hawaiian holds various certificates of public convenience 

and necessity and exemptions authorizing it to transport persons, property, and mail in the U.S. 

 1

 Sensitive personal and commercial information has been redacted from the attached agreement. 
3

and internationally, including blanket open skies certificate authority. See Order 2007-7-3 (Jul. 

10, 2007). China Airlines holds an exemption authorizing it to (a) conduct scheduled foreign air 

transportation of persons, property, and mail from points behind Taiwan, via Taiwan, and 

intermediate points, to points in the United States and beyond; (b) conduct charter foreign air 

transportation of persons, property, and mail pursuant to the terms of the Open Skies Agreement; 

(c) conduct other charters pursuant to Part 212 of the Department’s Economic Regulations; and 

(d) exercise all other rights enumerated in Annexes I and II of the Open Skies Agreement. See

Notice of Action Taken, Docket OST-1997-3138 (September 7, 2012). 

 4. The reciprocal codeshare operations contemplated by this Application are fully 

consistent with the Air Transport Agreement Between the American Institute in Taiwan and the 

Taipei Economic and Cultural Representative Office (the “Open Skies Agreement”), initialed 

February 28, 1997 and entered into force March 18, 1998. Article 8 of the Open Skies 

Agreement expressly allows codeshare operations such as the Applicants plan to implement. 

Moreover, approval of this Application is in the public interest. The requested codeshare 

arrangement will allow the Applicants to offer enhanced foreign air transportation services that 

are consistent with the Open Skies Agreement. These services will improve the Applicants’ 

operating efficiencies and benefit consumers by increasing competition and adding convenient 

online travel options between the United States and Taiwan and beyond. 

 5. The Applicants accept the conditions normally applicable to blanket codeshare 

authority such as requested herein and will conduct their codesharing operations in compliance 

with Part 257 of the Department’s economic regulations and all other applicable Department 

regulations and policies. 
4

6. No further safety audit of the Applicants is needed under the Department’s 

Codeshare Safety Program because both carriers are certified under the IATA Operational Safety 

Audit program. See IATA Operational Safety Audit Registry, available at

http://www.iata.org/whatwedo/safety/audit/iosa/Pages/registry.aspx?Query=all. 

 7. The Applicants request that the statements of authorization be issued for an 

indefinite period, so long as the Agreement continues in effect. 

 8. Hawaiian states that this application will have no effect on its Civil Reserve Air 

Fleet commitments. 

 9. The Applicants have only recently finalized the terms of their codeshare 

arrangement but intend to commence the proposed codeshare operations on October 27, 2013. 

Accordingly, the Applicants respectfully request expedited processing of this application and a 

waiver of the 45-day advance filing requirement in order to facilitate immediate marketing and 

sale of these new codeshare services. The Applicants will poll the carriers served with this 

Application and advise the Department of the results. 

 

EXHIBIT 1 

Redacted Codeshare Agreement 
CI/HA Codeshare Agreement Main Agreement

 1 

Freeflow

Codeshare Agreement

between

China Airlines Ltd.

and

Hawaiian Airlines, Inc. 
CI/HA Codeshare Agreement Main Agreement

 2 

FREE FLOW CODESHARE AGREEMENT

Between China Airlines Ltd. and Hawaiian Airlines, Inc.

This codeshare agreement (hereinafter referred to as “Agreement” is made the day of July 11, 2013 (the 

Effective Date) between:

China Airlines Ltd. with the principle place of doing business No.1, Hangzhan S. Rd., Dayuan Township 

Taoyuan County 33758, Taiwan (hereinafter called “CI”),

And

Hawaiian Airlines, Inc., with the principle place of doing business at 3375 Koapaka Street, Suite G350, 

Honolulu, Hawaii 96819, USA (hereinafter called “HA”), 

The parties collectively shall be referred to as “Carriers” or “Parties”, and individually as “Carrier” or 

“Party”;

Whereas

CI and HA are each certified air carriers providing air transportation services with respect to both 

passenger and cargo in their respective areas of operation.

CI and HA desire to enter into a cooperative arrangement in respect of a freeflow codeshare arrangement 

on the sectors specified in Annex 1.

Now, therefore 

Carriers agree, subject to all necessary approvals from the relevant governmental authorities, and 

regulatory bodies if required, to enter into this Agreement under the terms and conditions as set forth 

herein.

Article 1: SCOPE OF THE AGREEMENT AND BASIC PRINCIPLES

(A) This Agreement applies to CI and HA codeshared flights between Taiwan and Hawaii on the routes 

as specified in Annex 1 (hereinafter called “Routes”), hereinafter the aforesaid Routes on the 

codeshared flights referred to as “Codeshared Flights”.

(B) The Parties will cooperate and codeshare on the Codeshared Flights as described more in detail in 

this Agreement and its Annexes. (The Party operating the Codeshare Service shall be referred to as 

'Operating Carrier', whereas the codesharing party shall be referred to as 'Marketing Carrier'. The 

Operating Carrier authorizes the Marketing Carrier to have the Codeshared Flights published under 
CI/HA Codeshare Agreement Main Agreement

 3 

the Marketing Carrier's designated airline code in the relevant Computerized Reservation Systems 

and timetables where appropriate. The Marketing Carrier shall arrange for such publication. 

(C) The schedule, time and capacity of the Codeshared Flights in respect of each IATA traffic season 

shall be determined by the Operating Carrier in consultation with the Marketing Carrier. The Parties 

shall use all reasonable efforts to minimize the waiting time for passengers who are connecting to or 

from Codeshared Flights and other flights operated by the Parties and to maximize customer 

convenience and service.

(D) To the extent reasonably possible the Operating Carrier will notify the Marketing Carrier of any 

proposed changes to the schedules for Codeshared Flights in writing (including electronic or telefax 

interfaces) in accordance with procedures as set out in Annex 3.

(E) Parties shall endeavor to appropriately advise its passengers, staff and concerned third parties that 

the Operating Carrier shall operate the Codeshared Flights by means of, among others and as 

further set out herein, all advertisements and sales materials produced with the aim of promoting the 

Codeshared Flights, verbal and/or written information conveyed to the passenger at the time of 

reservations and/or ticketing and/or checking-in, and clearly visible signs at the departure hall, the 

boarding gate and the arrival hall of the respective airports, in accordance with applicable laws, rules 

and regulations, and as further specified in Annex 3 and Annex 4.

(F) All applicable laws, government rules and regulations shall be strictly observed by the Parties.

(G) This Agreement shall cover passenger and baggage transportation over the codeshare routes.

Article 2: ANNEXES

(A) Annexes and attachments form an integral part of this Agreement.

(B) The following Annexes and/or Attachments attached hereto shall be incorporated and shall be read 

and construed as part of this Agreement:

Annex/Attachment Description

1 Codeshare flight

2 Class Mapping & Settlement Prices

3 Reservation Procedures

4 Ground Handling

5 Accounting Procedures

6 Emergency Responses
CI/HA Codeshare Agreement Main Agreement

 4 

Article 3: SALES, MARKETING AND DISTRIBUTION

(A) CI and HA shall each market and sell the capacity on the Codeshared Flights to the public under their 

own carrier code and in accordance with the tariffs as filed with their respective governments, or any 

other published/unpublished fares, to the extent that those do not contravene with any applicable 

laws, rules and regulations.

(B) The schedules of the Route(s) will be published in the public timetables of both Parties. Each Party 

will be responsible for the publication in OAG of schedules bearing its own designated airline code.

(C) Both Parties will use reasonable efforts to provide first screen status to the display of each other's 

Codeshared Flights in their respective reservation systems, if technically feasible.

(D) In public timetables and in automated systems and for reservations purposes, as far as technically 

feasible, the Codeshared Flights shall be presented as two separate services, one having a HA 

designated airline code and the other having a CI designated airline code, while maintaining a 

separate flight number.

(E) CRS (Computer Reservation System) booking fees associated with reservations on the Codeshared 

Flights and charged by CRS’s to the Marketing Carrier, shall be borne by the Marketing Carrier.

Article 4: SPACE CONTROL / RESERVATIONS

(A) The Operating Carrier shall be responsible for the inventory/reservations control of the Codeshared 

Flights and shall maintain full seat inventory in its own reservations system. 

(B) The Marketing Carrier shall have access to the Operating Carrier’s seat inventory classes through an 

automated interface, which interface shall be maintained by both Parties to permit the sale of seat 

inventory on the Codeshared Flights.

(C) Both Parties will set up and maintain in their respective reservation systems codeshare mapping 

tables for selling classes in order that bookings made in particular selling classes on Codeshared 

Flights in the reservation system of the Marketing Carrier are reflected in equivalent seat inventory 

classes on the relevant Codeshared Flights in the reservation system of the Operating Carrier.

(D) Each Party will use reasonable efforts to provide equal availability in selling classes for passengers of 

the Marketing Carrier as will be available for passengers of the Operating Carrier. It is understood 

however that the Operating Carrier will retain ultimate control over the opening, closing and other 

management of seat inventory available on Codeshared Flights.
CI/HA Codeshare Agreement Main Agreement

 5 

(E) Procedures with respect to the seat reservations on the Codeshared Flights shall be agreed upon by 

the reservations experts of CI and HA and will be laid down in Annex 3 to this Agreement.

Article 5: TRAFFIC HANDLING

(A) Unless otherwise agreed, the Operating Carrier shall be responsible for all handling of Codeshared 

Flights operated by the Operating Carrier at airports or as laid down in the relevant ground handling 

agreements.

(B) The Parties agree on procedures regarding the manner in which the Codeshared Flights will be 

shown and announced at the respective airports in order to provide to the passengers the best 

possible service and to provide clear identification of counters and gates for the Codeshared Flights.

(C) Parties will cooperate together to allow a seamless travel experience for the passengers on the 

Codeshared Flights, and aim to have automated through check-in available at their codeshare 

destinations. Additional ground services procedures are set forth in the Ground Services Procedures 

in Annex 4.

(D) If applicable, Business lounge access for passengers holding Marketing Carrier tickets for 

Codeshared Flights shall be governed in accordance with Annex 4.

(E) All Airport taxes, local taxes, and all other passenger related service charges, except taxes or 

charges paid by the passenger, which are levied by the authorities on the Codeshared Flights shall 

be for the account of the Operating Carrier. It is understood that the Ticketing Carrier will collect and 

remit to the taxing authorities any non-interlineable taxes levied on sales of air transportation.

Article 6: INFLIGHT SERVICES AND BRANDING ON BOARD

(A) Passengers holding tickets with the HA designated airline code in the relevant code box of the flight 

coupon (hereinafter “HA Passengers”) on the CI Codeshared Flights shall receive the same on board 

service and passenger and baggage handling and shall have access to the same facilities as 

passenger holding tickets with the CI designated airline code in the relevant code box of the flight 

coupon (hereinafter “CI Passengers”) traveling in the same class of service and shall be subject to CI

standard policies and procedures. 

(B) CI Passengers on the HA Codeshared Flights shall receive the same on board service and 

passenger and baggage handling and shall have access to the same facilities as HA passengers 

travelling in the same class of service and shall be subject to HA standard policies and procedures.
CI/HA Codeshare Agreement Main Agreement

 6 

(C) The Operating Carrier shall use all reasonable endeavors to inform the Marketing Carrier about 

substantial changes to such in-flight services.

(D) The Marketing Carrier is entitled to present its own identity on board the Codeshared Flights in a 

manner to be mutually agreed upon between the Parties.

(E) An in-flight announcement shall refer to the fact that the applicable flight is a Codeshared Flight 

between CI and HA.

Article 7: AUDITS

(A) The parties agree that if any of the Operating Carrier holds IOSA certification, such valid IOSA 

certification will satisfy the need for an onsite initial and renewal audit in accordance with the US 

Department of Transportation (“DOT”) Code-share Safety Program Guidelines. If an operating carrier 

does not hold IOSA certification, the Marketing Party shall have the right, at its own cost, to conduct a 

full safety audit of the Operating Party’s operations at such intervals as the Marketing Party shall 

reasonably request. These audits will include the eight disciplines included in the IOSA Standards 

Manual. The Marketing Party shall coordinate its safety audit with the Operating Party so as to avoid 

disturbing the Operating Party’s operations. This paragraph shall not entitle the Marketing Party 

access to the Operating Party’s records, documents or systems relating to its pricing, inventory 

control or flight profitability. Notwithstanding the foregoing, each party shall have the right, at its own 

expense and with reasonable notice, to periodically perform safety, security, or operational audits to 

address questions of such party or regulatory agency. The parties agree to coordinate such audits so 

that the audits do not disturb the audited party’s operations. Notwithstanding the foregoing, the 

Parties do not undertake any responsibility or assume any liability for any aspects of the other party’s

operations.

(B) The parties further agree to cooperate in biennial “Desk-top Audits” when requested in advance to 

allow both Party’s to satisfy the “Continuous Monitoring” required by the DOT. 

(C) All data, information, documents of which may come in possession by virtue of its audits shall be 

deemed confidential.

(D) In the event that the results of any Operating Party's audits are not satisfactory to the Marketing Party, 

the Operating Party shall comply with all reasonable recommendations made by the Marketing Party. 

If the Operating Party decides, in its sole discretion, not to comply with such recommendations or if all 

corrective actions have not been adopted by the Operating Party within the time period reasonably 

required by the Marketing Party, the Marketing Party shall be entitled to terminate this Agreement by 

providing a written notice to the Operating Party. If all recommendations cannot be completely 

corrected within 30 days, the Operating Party shall inform the Marketing Party of reasons for delay 
CI/HA Codeshare Agreement Main Agreement

 7 

and the plan for correction within 60 days, failing which the Marketing Party may terminate this 

Agreement with immediate effect.

Article 8: MAINTENANCE AND EXECUTION OF THE SERVICES

(A) The Operating Carrier shall have the sole responsibility for the maintenance of its leased or owned 

aircraft or other equipment used in connection with the Codeshared Flights. Maintenance and 

engineering with respect to such aircraft and equipment shall at a minimum comply with the 

standards set forth by the relevant competent authorities, the Operating Carrier's government 

approved maintenance plan, and all applicable laws.

(B) The Operating Carrier shall have operational control of the aircraft and shall comply with all 

applicable laws governing such activity, including, at a minimum, those set forth by the relevant 

Competent Authorities, and shall have final authority concerning the operation and safety of the 

aircraft and its passengers and crew. 

(C) The Operating Carrier has the right, without any liability on its part unless otherwise provided in this 

Agreement, to delay, cancel, divert or interrupt any of the Codeshared Flights for safety, security or 

operational reasons or any other reason that the Operating Carrier considers necessary in its 

reasonable opinion. In such event prompt notice shall be given to the Marketing Carrier by telex in 

accordance with Annex 3.

(D) The Operating Carrier may, without any liability on its part unless otherwise provided in this 

Agreement, reduce the payload or operate the Codeshared Services with substitute aircraft (types), 

provided for such aircraft(types) a flight safety clearance has been obtained as part of the flight safety 

audit performed by the Marketing Carrier.

(E) The schedule of the Codeshared Flights may in incidental cases be adjusted. In such event, prompt 

notice shall be given to the Marketing Carrier by telex in accordance with Annex 3.

(F) In order to provide an optimal product experience to the passengers on the Codeshared Flights, 

Parties will closely work together to minimize any passenger inconveniences, especially in relation to 

connections between the Codeshared Services of the Parties. In this respect the Parties agree to 

exchange and monitor various operational performance indicators regarding the operations of the 

Codeshared Flights.
CI/HA Codeshare Agreement Main Agreement

 8 

Article 9: FLIGHT IRREGULARITIES, INTERRUPTION OR CANCELLATION

(A) In the event of flight delays, irregularities, interruption or cancellation, the Operating Carrier shall, 

whenever it deems necessary, provide all reasonable accommodation, meals, drinks and ground 

transportation to the passengers in accordance with the Operating Carrier's procedures.

(B) In the event of flight cancellation, delay, flight diversion, interruption, or irregularity notice announced 

more than 7 days prior to schedule departure time, Operating Carrier shall notify Marketing Carrier 

and Marketing Carrier shall assume the responsibility for notifying its own passengers (being either 

HA or CI Passengers as the case may be) and making necessary arrangements for alternative 

transportation. 

(C) In the event of flight cancellation, delay, flight diversion, interruption or irregularity notice announced 

within 7 days prior to schedule departure time or (b) after scheduled departure time, the Operating 

Carrier shall assume all liabilities and responsibilities for notifying all passengers (HA or CI 

Passengers), for the completion of the service, for all expenses incurred in connection with 

transportation of passengers and baggage to passengers’ final destination including but not limited to 

making necessary alternative arrangements to transport the passengers of the Codeshared Flights to 

the destination in accordance with Operating Carriers' policy, except where such - flight diversion, 

interruption or irregularity is caused by or in connection with the gross negligence or willful

misconduct of the Marketing Carrier. In the event of an aircraft substitution by the Operating Carrier, 

the Parties agree that the Marketing Carrier’s passengers shall be given the equal priority and same 

treatment as the Operating Carrier’s passengers for boarding. 

(D) Any costs or expenses for accommodation, meals, ground transportation, alternative air 

transportation or other arrangements incurred due to flight delay, cancellation (as specified in article 

9 (C), diversion or interruption shall be borne by the Operating Carrier of the delayed, canceled, 

diverted or interrupted Codeshared Flights for passengers on the flight concerned. 

Article 10: EMERGENCY RESPONSE & FAMILY ASSISTANCE

(A) The Parties agree that in connection with the Codeshared Flights they will coordinate with respect to 

emergency response and family assistance matters, including joint activation processes in 

accordance with procedures as set forth in Annex 6. The Parties agree that in event of an aircraft 

accident or hijacking each Party will use its best efforts to cooperate with the other in promptly 

responding to such accident and providing necessary assistance and services to the family members 

of passengers and crew. 

(B) The Operating Carrier shall be responsible for performing, and incurring all associated costs with 

respect to all emergency response activities at the accident scene and all family assistance activities 
CI/HA Codeshare Agreement Main Agreement

 9 

as required by law or usual custom and practice. The Marketing Carrier agrees that, at its own costs 

and expense, it will provide information and shall assist the Operating Carrier with respect to its 

ticketed passengers.

Article 11: FREE AND REDUCED RATE TRANSPORTATION

Unless otherwise provided by relevant agreements between the Operating Carrier and the Marketing 

Carrier, the Marketing Carrier shall not be entitled to ticket travel industry non-revenue or discounted 

(i.e. AD, ID etc.) travel on the Codeshare Flights. 

Article 12: CONDITIONS OF CARRIAGE FOR THE SERVICES

(A) Each Party acknowledges that it is a signatory to the IATA Intercarrier Agreement on Passenger 

Liability and the related Agreement on Measures to Implement the IATA Intercarrier Agreement. 

Pursuant to these agreements, each Party acknowledges that it has included in its Conditions of 

Carriage certain undertakings not to invoke certain defenses and limitations of liability set forth in the 

Warsaw Convention, as further detailed in such agreements. Accordingly, eeach Party shall be fully 

responsible for the issue of its own tickets or other traffic documents and reservations for passengers 

and shall indemnify the other Party, its officers, agents, servants and employees against all claims, 

demands, costs and liability arising from errors or incorrectness therein. However, for the avoidance 

of doubt the Operating Carrier acknowledges and agrees that its indemnification obligations shall 

extend to and include all damages arising out of death of or injury to passengers on the Codeshared 

Flight traveling under the Conditions of Carriage of the Marketing Carrier even if such Conditions of 

Carriage differ from those of the Operating Carrier, provided that such Condition of Carriage should 

be acceptable under industrial customary practice. 

(B) Prior to the implementation of Codesharing, the Carriers will use commercially reasonable efforts to 

identify and resolve any material discrepancies between their respective Conditions of Carriage and 

use commercially reasonable efforts to develop procedures to minimize potential service 

inconvenience or disruption to Codeshare Passengers due to such discrepancies. For the avoidance 

of doubt, each Party’s operations will be conducted in accordance with its own Conditions of 

Carriage and neither Party shall be obligated to change its Conditions of Carriage pursuant to this 

Agreement.

(C) Carriage of cargo and mail is not covered by this Agreement.

Article 13: CLAIM SETTLEMENT

(A) General
CI/HA Codeshare Agreement Main Agreement

 10 

Both Parties shall follow the policies and procedures of the Operating Carrier for claims handling for 

all passenger and baggage on the Codeshared Flights. In the absence of claims handling and 

settlement authority with the Marketing Carrier, the Operating Carrier shall provide the Marketing 

Carrier reasonable assistance only as required. The procedures set forth in this paragraph shall 

apply to any claim of a passenger in relation to one or more Codeshared Flights under this 

Agreement where a claim is initially made to or against the Marketing Carrier instead of the Operating 

Carrier. These procedures are intended to provide an efficient mechanism for the administration of 

claims to facilitate the claims adjustment process from the passenger’s point of view while retaining 

necessary financial protections for the Parties.

(B) Conditions of Carriage

The Operating Carrier shall provide the Marketing Carrier with a copy of its traffic documents, current 

Conditions of Carriage and all documents applicable to the services performed under this Agreement. 

Should the Operating Carrier desire to adopt new Conditions of Carriage or to modify the existing 

ones, it shall use good faith efforts to provide a copy to the Marketing Carrier.

(C) Field Office Authority

Unless authorized by the respective departments of the Parties, no field office of either Party is 

authorized to i) acknowledge liability in respect of any claim, or ii) to settle any claim.

(D) Notice of Claims

The Marketing Carrier will notify the Operating Carrier of any or all claims and legal actions 

connected with these operations and lodged against the Marketing Carrier and will supply the 

Operating Carrier with any supporting documents and relevant information. The Marketing Carrier 

agrees that the Operating Carrier and its insurers shall handle, resolve, settle or defend any and all 

claims with respect to damages for injury or death, incurred by a passenger(s) holding tickets 

providing for transportation by the Marketing Carrier under its designator code in accordance with the 

Marketing Carrier's conditions of carriage. The Operating Carrier and the Marketing Carrier agree to 

consult and cooperate in the handling, resolution, settlement or defense of such claims, but the final 

claims handling authority rests with the Operating Carrier and its insurers.

(E) Notice of Legal Proceedings

If a legal action is filed or arbitration proceedings are initiated against the Marketing Carrier in 

connection with any claim arising from the business operations of the Operating Carrier, the 

Marketing Carrier will promptly notify the Operating Carrier. The Marketing Carrier shall coordinate 

with the Operating Carrier concerning the appeal of any legal finding.

Article 14: LIABILITY AND INDEMNITY
CI/HA Codeshare Agreement Main Agreement

 11 

(A) The Operating Carrier agrees to indemnify and hold harmless the Marketing Carrier, its officers, 

agents, servants and employees from all liabilities and claims of whatever nature and however 

caused, including all costs and expenses incidental thereto, unless caused by gross negligence or 

willful misconduct of the Marketing Carrier, with respect to:

- loss of or damage to the aircraft;

- death of or injury to persons and loss of or damage to property caused by the aircraft or any part 

thereof;

- death of or injury to persons and loss of or damage to property caused by any person on board 

the aircraft, his/her luggage or by cargo or mail on board the aircraft;

- death of or injury to persons and loss of or damage to their baggage and loss of or damage to

cargo and mail, carried or to be carried in the aircraft;

- delay in the transportation of passengers, baggage, cargo and mail if caused by delay of the 

Codeshared Flights;

- death of or injury to the crew members or other personnel of the Operating Carrier or provided by

the Operating Carrier whilst performing duties on-board the aircraft, and from any other damage, 

liability, demands, fines, costs or expenses resulting from or connected with the operation of the 

aircraft or the transportation of its load as specified above. 

(B) The Marketing Carrier agrees to indemnify and hold harmless the Operating Carrier, its officers, 

agents, servants and employees from all liabilities and claims, of whatever nature and however 

caused, including all costs and expenses incidental thereto, unless caused by gross negligence or 

willful misconduct of the Operating Carrier, with respect to loss of or damage to property of the 

Marketing Carrier and death of or injury to personnel of the Marketing Carrier or provided by the 

Marketing Carrier on the Codeshared Flights and from any other damage, liability, demands, fines, 

costs or expenses resulting from or connected with the transportation of such personnel and their 

property.

(C) The Operating Carrier and its insurers shall handle, resolve, settle or defend any and all claims 

arising out of or in any manner connected with the Codeshared Flight, including but not limited to 

personal and bodily injury, death, property damage, flight delays and baggage loss. Parties 

recognize that the general conditions of carriage of a Party are applicable on passengers holding 

such Party’s designator code in their ticket (being CI or HA as applicable). Therefore all claims shall 

be settled by the Operating Carrier and its insurers in accordance with the respective Party’s general 

conditions of carriage.

If a Party is notified of claim of the other Party’s passenger (being either a CI Passenger or HA

Passenger as the case may be) arising out of personal and bodily injury, death and/or failure to 

provide services related to the applicable contract of carriage which, in the reasonable opinion of 

such Party, would probably result in a legal procedure or negative media attention, such Party shall 
CI/HA Codeshare Agreement Main Agreement

 12 

give prompt notice to the other Party. Furthermore each Party shall, as far as practicable, provide the 

other Party with statistics – inclusive the current stand of affairs – regarding all claims on the 

Codeshared Flight on a regular basis.

Claims arising from the Codeshared Flight shall be discussed between the Parties in accordance 

with the provisions in Article 14 hereof and the Operating Carrier may give due consideration to, but 

shall not be obliged to adopt any of the Marketing Carrier’s proposals, including but not limited to 

settle claims in accordance with its standard procedures. Notwithstanding the discussion among the 

Parties, if they have material different opinions regarding settlement of claims, the Operating Carrier 

shall retain the final claims handling authority. 

(D) Each Party shall assume the entire responsibility for the issuance of its own traffic documents and the 

reservation of space, and shall indemnify the other Party, its officers, agents, servants and 

employees against all demands, claims, costs, expenses and liability arising from any errors or 

incorrectness therein.

NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIAL, 

PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING LOST PROSPECTIVE 

ECONOMIC ADVANTAGE, LOST PROFITS, OR ANY UNWIND COSTS ARISING FROM ANY 

PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, OR ANY 

TERMINATION OF THIS AGREEMENT, EVEN IF SUCH PARTY KNEW OR SHOULD HAVE 

KNOWN OF THE EXISTENCE OF SUCH DAMAGES, AND EACH PARTY HEREBY RELEASES 

AND WAIVES ANY CLAIMS AGAINST EACH OTHER PARTY REGARDING SUCH DAMAGES. 

ACCORDINGLY, A PARTY MAY ONLY RECOVER ANY ACTUAL, DIRECT AND IDENTIFIABLE 

DAMAGES WITH RESPECT TO SUCH MATTERS. 

Article 15: INSURANCE 

(A) In respect to the Codeshared Flights operated under this Agreement the Operating Carrier shall take 

out and maintain throughout the duration of this Agreement the following insurances:

a. Hull All Risks (including aircraft engines, spare parts and equipment) of loss or damage whilst 

flying and on the ground for an agreed value each aircraft. Hull (including engines, spares 

and/or ground equipment) War and Allied Risks as excluded by the War, hijacking and other 

Perils Exclusion clause (AVN48B) or, War Risks Insurance issued pursuant to Chapter 443 of 

Title 49 of the United States Code for an agreed value each aircraft.

b. Aircraft Third Party Passenger, Passenger Baggage, Cargo, Mail and Aviation General Third 

Party Legal Liability Insurance (including AVN52E) or, War Risks Insurance issued pursuant to 

Chapter 443 of Title 49 of the United States Code for Combined Single Limit, bodily 
CI/HA Codeshare Agreement Main Agreement

 13 

 

injury/property damage of and in the aggregate 

where applicable.. 

 

(B) The Hull All Risks and Hull War and Allied Perils Insurance's taken out by the Operating carrier and 

referred to in paragraph 15.A.a above shall include a waiver of subrogation or recourse in favor of 

the Marketing carrier excluding the gross negligence and willful misconduct of the Marketing Carrier. 

(C) The Legal Liability Insurance taken out and referred to in paragraph 15.A.b above shall include the 

following provisions: 

a. To include the Marketing carrier, its officers, agents, servants, and employees as additional 

assureds for their respective rights and interests (the "Additional Insured") excluding the 

gross negligence and willful misconduct of the Marketing Carrier; 

b. To provide that all provisions thereof, except limits of liability, shall operate in the same 

manner as if they were a separate policy issued to each Additional Insured; 

c. To provide that this insurance shall be carried primary without right of contribution from any 

other insurance carried by the Marketing carrier; 

d. To provide that Insurers shall waive any rights of set-off or counterclaim against the 

Marketing carrier except in respect of outstanding premium in respect of the Aircraft the 

subject of claim; 

e. To provide that the cover afforded to each Additional Insured by the policy shall not be 

invalidated by any act or omission (including misrepresentation and non-disclosure) of the 

Operating Carrier or any other person which results in any breach of any term, condition or 

warranty of the policy provided that the Additional Insured so protected has not caused, 

contributed to or knowingly condoned the said act or omission; 

f. To provide that the Marketing carrier shall be given at least 30 days prior written notice of the 

cancellation on material alterations except that in the case of the liability war and allied perils 

cover such periods of notice shall be 7 days or such period as may be available in aviation 

insurance marketplace. 

(D) Certificates of insurance evidencing the principal details of the insurance maintained in accordance 

with this Agreement shall be provided to the other carrier for its approval in good time prior to first 

flight hereunder and prior to each renewal of insurance. 
CI/HA Codeshare Agreement Main Agreement

 14 

 

Article 16: INTELLECTUAL PROPERTY 

(A) Each Party agrees that all trademarks, trade names, service marks or logos or description of services 

or products of the other Party shall at all times remain the exclusive property of that Party and each 

Party will take no action that infringes, abridges, jeopardizes, undermines or reduces the value of, or 

in any way dilutes the other Party’s ownership of the trademarks, trade names, service marks or 

logos or description of services or products of the other Party. 

(B) It is not the intention of the Parties for this Agreement to be construed as a license for either Party to, 

and each of the Party hereby agree that it will not use the trade names, trademarks, service marks or 

logos or description of services or products of the other Party without such Party’s prior written 

consent. 

Article 17: FORCE MAJEURE 

(A) Neither CI nor HA shall be liable in respect of any failure and/or delay to fulfill its obligations under 

this Agreement, without prejudice to accrued rights and liabilities, if such failure and/or delay is due 

solely to any event beyond CI’s and/or HA reasonable control, such as riots, strikes, lock-outs, civil 

commotion, existence or apprehension or imminence of war between any nations, threatened 

hostilities or terrorism, civil war, blockade, hijackings, embargoes, acts of governmental authorities, 

acts of God, fire, flood, epidemics, quarantine, requisition of aircraft, or any similar event.

(B) Neither Party shall be entitled to rely on force majeure as a defense vis-à-vis the other Party when 

invoking the indemnity provisions under this Agreement if the party claiming under the indemnity 

could not rely on a force majeure defense in the underlying third party proceedings (if any). 

(C) In case of force majeure an urgent contact shall be established between the Parties whereby the 

Operating Carrier, within the scope of existing possibilities and without any undue delay, furnishes 

every reasonably possible information to the Marketing Carrier upon the latter's request. 

This information should be restricted to appropriate departments. 

For CI the telex addresses are: 

Operations Control: 

For HA the telex addresses are: 

Operations Control: 
CI/HA Codeshare Agreement Main Agreement

 15 

Article 18: EXECUTION, DURATION AND TERMINATION

This Agreement shall be terminated by either Party subject to:

(A) Notwithstanding paragraphs A and B of this article, either Party may terminate this Agreement by 

giving ninety (90) days prior written notice to the other Party if that other Party fails to perform or 

observe or in breach of any material covenant, condition or agreement to be performed or observed 

by it hereunder and such failure is not cured within a period of thirty (30) days after the date of written 

notice thereof, or if the other Party has repeatedly failed to meet its obligations hereunder regardless 

whether or not the defaults have been remedied. 

(B) This Agreement may be terminated or canceled at any time by either Party with immediate effect 

giving written notice to the other Party in the event that the other Party files a voluntary petition in 

bankruptcy or proceedings in bankruptcy are instituted against it, or that a Court of Receiver takes 

jurisdiction over it and its assets pursuant to proceedings brought under the provisions of any 

bankruptcy, insolvency, reorganization, readjustment of debt, receivership or liquidation law or statute 

of any competent jurisdiction and such proceedings shall not be withdrawn or terminated within sixty 

(60) days after their commencement.

(C) In the event of a corporate reorganization, consolidation, merger, acquisition or sale of all or 

substantially all of a party’s assets (including its stock), either party shall have the right to immediately 

terminate this Agreement.

(D) Notwithstanding anything to the contrary, this Agreement may be terminated at any time by either 

Party giving a 60-day prior written notice.

(E) Any termination or cancellation of this Agreement pursuant to one or more of the provisions hereof 

shall not be construed so as to relieve either Party from any debt or monetary obligation to or 

indemnification of the other Party that shall have accrued hereunder prior to the effective date of such 

termination or cancellation and shall leave all other rights and remedies of such Party unimpeded.

Article 19: RESPONSIBILITY

All matters relating to the terms and conditions of this Agreement shall be dealt with exclusively by 

the duly authorized representatives of the Parties, unless specifically agreed otherwise.

Article 20: AMENDMENT
CI/HA Codeshare Agreement Main Agreement

 16 

(A) Any temporary or permanent amendment to this Agreement shall be agreed in advance in writing by 

the Parties.

(B) In the event of one of the Parties, with reasonable grounds and proof thereof, being convinced that 

any of the conditions of this Agreement are not in accordance with the principles of fair cooperation, 

that Party shall give notice thereof to the other Party. Any changes then agreed by the Parties in 

writing shall be recorded in an Amendment to this Agreement and shall be effective from the day 

mutually determined by the Parties, and, if necessary, subject to the approval of the concerned 

government authorities.

Article 21: GOVERNMENT REGULATIONS; SEVERABILITY

(A) The terms and conditions of this Agreement shall always be in accordance with the applicable laws 

(including Governmental or supranational rules, regulations and orders).

(B) This Agreement may be subject to review and approval by agencies or organisations of governments 

of Taiwan and USA. Both Parties agree to exert their best reasonable commercial efforts to satisfy 

the requirements of any such review. If, as a result of such review, this Agreement is disapproved, or 

approved and later withdrawn, in any respect by any such government agency or organisation, then 

either Party may terminate this Agreement by written notice to the other Party in accordance with 

Article 18 herein. 

(C) If any such term or condition shall be held to be invalid or unenforceable in any respect, such invalidity 

or un-enforceability shall not affect the other provisions of the Agreement that can be given effect 

without the invalid or unenforceable provision. The Parties shall replace such invalid or 

unenforceable provision by a provision having to the maximum extent possible the same economic, 

practical or other effect that the Parties intended hereby.

Article 22: SECRECY

(A) All information about its business, including technical know how and support systems provided by 

either party, now and in the future, for the purpose of this cooperation (this including information in a 

form that can be read by computers and information relating to the business of either Party's 

company) will be kept strictly confidential. Without the originating party's prior written consent, a 

Party will not, and will cause its advisers not to, disclose to any person, except for those officers, 

employees and directors, legal counsel, auditors and other advisors engaged by one of the Parties 

who need to know such information for the purpose of this cooperation ("Permitted Persons"). 
CI/HA Codeshare Agreement Main Agreement

 17 

 

(B) Such Permitted Persons shall be informed of the confidential nature of such information and shall be 

instructed to treat such information confidentially and that the party by whom they are engaged will 

be responsible if they should fail to comply with such instruction. 

(C) All information provided for the purpose stated above will be used solely for the aforesaid purpose. 

Each Party will keep same strictly confidential within its company, provided, however, that aforesaid 

obligations shall not apply when and to the extent information (i) is already in a Party's possession, 

or (ii) is or becomes generally available to the public other than as a result of a disclosure by such 

Party or (iii) becomes available to a party on a non-confidential basis from a source other than the 

originating Party or its directors, officers, agents, or advisers, provided that such source is not known 

by a Party to be bound by a confidentiality agreement with or other obligation of secrecy to the 

Company or the other Party. 

Article 23: NOTICES 

Unless specifically determined otherwise in this Agreement, for purposes of this Agreement, a notice, 

certificate or any other instrument referred to in this Agreement shall be deemed "given" if deposited 

in the mail, postage prepaid and, if to HA or CI, properly addressed to such Party at the address set 

forth below or at such other address as such Party, by notice to the other, may designate from time 

to time: 

If to CI: China Airlines 

Attention: , General Manager, International Affairs & Alliances 

By tel: 

By fax: 

If to HA: Hawaiian Airlines 

 

Attention: , Director Alliances & Airline Partnerships 

By tel: 

By fax: 

With copy to: Hawaiian Airlines

Attention: , General Counsel 
CI/HA Codeshare Agreement Main Agreement

 18 

 

By tel: 

By fax: 

Article 24: PRIORITY OF DOCUMENTS 

This Agreement is comprised of this document and all Annexes hereto. In case of contradictions 

between the Agreement and the Annexes, the Agreement will prevail. This Agreement is 

supplemental to and will in no way be prejudicial to the existing Agreements between the Parties. 

Article 25: HEADINGS 

Headings are used for reference purposes only. 

Article 26: PUBLICITY 

Press releases or any other form or mode of announcement or publicity with respect to this 

Agreement will only take place subject to close consultation by and between both Parties and with 

their prior mutual written consent. 

Article 27: APPLICABLE LAW; ARBITRATION 

(A) This Agreement shall be governed by and construed in accordance with the laws of Hong Kong. The 

Parties hereby irrevocably submit to the exclusive jurisdiction of the Courts of Hong Kong. All 

proceedings shall be in English or Chinese and English. 

(B) In respect of any dispute, controversy, or claim, of any and every kind or type arising out of, 

connected with, or relating in any way to this Agreement, the relationship of the Parties, the 

obligations of the Parties or the operations carried out under this Agreement, including without 

limitation, any dispute as to the existence, validity, construction, interpretation, negotiation, 

performance, non-performance, breach, termination, or enforceability of this Agreement, the Parties 

will first consult and negotiate with each other in good faith in an attempt to resolve the matter. The 

consultation and negotiation process will be started by either Party sending the other a written notice 

to this effect. If such efforts are unsuccessful to reach a consensus for resolution of such matter 

within thirty (30) days of the date of the notice starting such process, such dispute, controversy or 

claim as aforesaid shall be settled and finally resolved by arbitration in Hong Kong in accordance 

with the Hong Kong Arbitration Ordinance (“HKAO”) in effect at the time of the submission of the 

dispute, except as modified by mutual agreement of the Parties. In the event of a conflict between 

the HKAO and this Article 27, the provisions of this Article 27 shall prevail. The arbitration, including 
CI/HA Codeshare Agreement Main Agreement

 19 

the rendering of the award, will be conducted by a panel of arbitrators appointed in accordance with 

HKAO. The arbitration panel shall consist of three (3) arbitrators who are knowledgeable about the 

legal, marketing, and other business aspects of the airline industry, and fluent in the English

language. The cost of such arbitration shall be borne as allocated by the arbitrators or, if no such 

allocation is made, by the respective Parties. Nothing herein set forth shall prevent the Parties from 

settling any dispute by mutual agreement at any time.

Article 28: REPRESENTATIONS AND WARRANTIES

(A) CI represents and warrants to HA as follows:

CI is a duly incorporated and validly existing corporation in good standing under the laws of Taiwan

and has the requisite corporate power and authority to own, operate and lease the properties and 

assets it now owns, operates and leases and, to conduct its business as it is now being conducted 

and to perform its obligations hereunder.

CI has the corporate power and authority to enter into, execute and deliver this Agreement and to 

consummate the transactions contemplated hereby in accordance with the terms hereof. The 

execution and delivery of this Agreement and the consummation of the transactions contemplated 

hereby have been duly authorized by all necessary corporate action on the part of CI. This 

Agreement has been duly and validly executed and delivered by CI and is, assuming due execution 

and delivery by HA thereof and that HA has full legal power and right to enter into this Agreement or 

instruments, a valid and binding obligation of CI, enforceable against CI in accordance with its terms, 

except as such enforceability shall be limited by applicable bankruptcy, insolvency, reorganization, 

moratorium, or other similar laws affecting the rights of creditors generally or the application of 

general principles of equity, regardless of whether in a proceeding at law or in equity.

Neither the execution and delivery of this Agreement by CI nor the consummation by CI of the 

transactions contemplated hereby:

a. Conflicts with or results in a breach of, or constitutes a default (or gives rise to any right to 

termination, cancellation or acceleration) under any of the terms, conditions or provision of:

(i) the Certificate of Incorporation or By-laws of CI;

(ii) any indenture, mortgage, lease, deed of trust, pledge, loan or credit agreement, employee 

benefit plan, collective bargaining agreement, or any other similar contract to which CI is a 

party;

(iii) any judgment, order, writ, injunction or decree of any domestic or foreign court or 

governmental agency, other than, in the case of (ii) and (iii), those conflicts, breaches or 
CI/HA Codeshare Agreement Main Agreement

 20 

default which, in the aggregate, would not reasonably be expected to have a material 

adverse effect on the operations contemplated by this Agreement ;

b. Violates or conflicts with any federal, state, local, or foreign law, rule, or regulation to which CI is 

subject, other than those violations or conflicts which, in the aggregate, would not reasonably be 

expected to have an adverse effect.

(B) HA represents and warrants to CI as follows:

HA is a duly incorporated and validly existing corporation in good standing under the laws of

Delaware, USA and has the corporate power and authority to own, operate and lease the properties 

and assets it now owns, operates and leases and, to conduct its business as it is now being 

conducted and to perform its obligations hereunder.

HA has the corporate power and authority to enter into, execute and deliver this Agreement and to 

consummate the transaction contemplated hereby in accordance with the terms hereof. The 

execution and delivery of this Agreement and the consummation of the transactions contemplated 

hereby have been duly authorized by all necessary corporate action on the part of HA. This 

Agreement has been duly and validly executed and delivered by HA and is, assuming due execution 

and delivery thereof by CI and that CI has full legal power and right to enter into this Agreement or 

instruments, a valid and binding obligation of HA, enforceable against HA in accordance with its 

terms, except as such enforceability shall be limited by applicable bankruptcy, insolvency, 

reorganization, moratorium, or other similar laws affecting the rights of creditors generally or the 

application of general principles of equity, regardless of whether in a proceeding at law or in equity.

Neither the execution and delivery of this Agreement nor the consummation by HA of the 

transactions contemplated hereby:

a. Conflicts with or results in a breach of, or constitutes a default (or gives rise to any right of 

termination, cancellation or acceleration) under any of the terms, conditions or provisions of:

(i) The Certification of Incorporation or By-Laws of HA;

(ii) any indenture, mortgage, lease, deed of trust, pledge, loan or credit agreement, employee 

benefit plan, collective bargaining agreement, or any other similar contract to which HA is a 

party;

(iii) any judgment, order, writ, injunction or decree of any domestic or foreign court or 

governmental agency, other than, in the case of (ii) and (iii), those conflicts, breaches, 

defaults or rights which, in the aggregate, would not reasonably be expected to have a 

material adverse effect on the operations contemplated by this Agreement;
CI/HA Codeshare Agreement Main Agreement

 21 

b. Violates or conflicts with any federal, state, local or foreign law, rule or regulation to which HA 

is subject other than those violations or conflicts which, in the aggregate, would not reasonably be 

expected to have an adverse effect.

(C) Each representation and warranty made by either Party to this Agreement shall survive the execution 

of this Agreement for the period of the Agreement during which time indemnification may be sought 

for a breach of such representation or warranty. Each covenant and agreement made by either Party 

shall survive the execution of this Agreement.

(D) Except as expressly provided to the contrary in this Agreement, all warranties, whether express, 

implied, statutory or otherwise relating in any way to the subject matter of this Agreement or to this 

Agreement generally, are excluded. Where any law implies into this Agreement any term, and that 

law limits or prohibits provisions in a contract excluding or modifying the application of or exclusion of 

liability under that term, the term is included in this Agreement to the extent required by the law.

Article 29: ASSIGNMENT

Neither Party hereto may assign this Agreement nor any rights, duties, or interest hereunder in 

whole or in part to any third party without the prior written consent of the other Party. For the 

avoidance of doubt, neither Party shall assign this agreement nor allow any wet leasing with another 

operator or carrier without the prior written consent of the other Party.
CI/HA Codeshare Agreement Main Agreement 

IN WITNESS WHEREOF, the undersigned being the duly authorised signatories of the respective Parties 

have hereunto signed this Agreement on the day and year first above written. 

For and on behalf of 

HAWAIIAN AIRLINES, Inc. 

Date: __ 11_· _

7

_· _.flj __ ,_.r ____ _ 

I 

For and on behalf of 

CHINA AIRLINES Ltd. 

Huang-Hslang Sun 

Chairman & 

President 

II JuL .Ju/J Date: ______________________ _ 
HA /CI Codeshare Agreement 

General 

ANNEXl 

to the Freeflow Codeshare Agreement between 

Hawaiian Airlines and China Airlines 

for the Codeshared Flights 

CODESHARED FLIGHTS 

Annex 1 

This Annex is an integral part of the Code Share Agreement between Hawaiian Airlines 

(" HA ") and China Airlines ("CI") signed in 11 Jul. 2013 ("the Agreement") and as such is subject 

to the terms and conditions set forth in the Agreement. 

ARTICLE 1: Route 

The terms of the Agreement apply to the services carried out by HA and Cl on the following 

routes as further specified herein (the "Codeshared Flights"): 

Trunk routes: 

Taipei (TPE) - Honolulu (HNL) v. v. 

Point beyond codeshare routes 

Honolulu (HNL) 

Honolulu (HNL) 

Honolulu (HNL) 

Honolulu (HNL) 

Honolulu (HNL) 

Honolulu (HNL) 

Honolulu (HNL) 

Honolulu (HNL) 

Honolulu (HNL) 

Honolulu (HNL) 

Honolulu (HNL) 

Taipei (TPE) 

Taipei (TPE) 

Taipei (TPE) 

Sydney (SYD) 

Brisbane (BNE) 

Hilo (ITO) v.v. 

Kailua (KOA) v.v. 

Kauai Island (LIH) v.v. 

Kahului (OGG) v.v. 

Las Vegas (LAS) v.v. 

San Jose (SJC) v.v. 

Seattle (SEA) v.v. 

Portland (POX) v.v. 

San Diego (SAN) v.v. 

Phoenix (PHX) v.v. 

Sacramento (SMF) v.v. 

Bangkok (BKK) v.v. 

Kuala Lumpur (KUL) v.v. 

Singapore (SIN) v.v. 

Auckland (AKL) v.v. 

Auckland (AKL) v.v. 

ARTICLE 2: Frequency,. schedule and flight numbers 

Page 1 of 3 
HA /CI Codeshare Agreement Annex 1 

Route Operating Marketing Days of 

Flight No. Flight No. Operation 

TPE-HNL CI002 HA2802 D7 

HA808 Cl9182 D15 

HNL-TPE CI001 HA2801 D1 

HA807 Cl9181 D27 

HNL-ITO HA382 Cl9184 DAILY 

HA142 Cl9186 

ITO-HNL HA383 Cl9183 DAILY 

HA241 Cl9185 D457 

HNL-KOA HA520 Cl9188 DAILY 

HA278 Cl9190 

KOA-HNL HA227 Cl9187 D567 

HA397 Cl9189 D123457 

HNL-LIH HA345 Cl9191 DAILY 

HA239 Cl9193 

LIH-HNL HA346 Cl9192 DAILY HA324 Cl9194 

HNL-OGG HA520 Cl9196 DAILY HA326 Cl9198 

OGG-HNL HA185 Cl9195 DAILY HA515 Cl9197 

HNL-LAS HA018 Cl9200 DAILY 

LAS-HNL HA005 Cl9199 D357 

HNL-SJC HA044 Cl9202 DAILY 

SJC-HNL HA043 Cl9201 D357 

HNL-SEA HA022 Cl9204 DAILY 

SEA-HNL HA021 Cl9203 DAILY 

HNL-PDX HA026 Cl9206 DAILY 

PDX-HNL HA025 Cl9205 DAILY 

HNL-SAN HA016 Cl9208 DAILY 

SAN-HNL HA015 Cl9207 DAILY 

HNL-PHX HA036 Cl9210 DAILY 

PHX-HNL HA035 Cl9209 DAILY 

HNL-SMF HA020 Cl9212 DAILY 

SMF-HNL HA019 Cl9211 DAILY 

TPE-BKK Cl833 HA2833 DAILY 

BKK-TPE Cl834 HA2834 DAILY 

TPE-KUL Cl721 HA2821 DAILY 

KUL-TPE Cl722 HA2822 DAILY 

TPE-SIN Cl753 HA2853 DAILY 

SIN-TPE Cl754 HA2854 DAILY 

SYD-AKL CI051 HA2811 D1346 

BNE-AKL CI053 HA2813 D257 

AKL-SYD CI052 HA2862 D1346 

AKL-BNE CI054 HA2864 D257 

Both parties agree to specify the Frequency, Schedule and Flight Numbers on the code-shared 

routes via SSIM file exchange between two parties. 

Page 2 of3 
HA /CI Codeshare Agreement Annex 1 

The flight-schedules shall be determined by the Operating Carrier and informed to 

the Marketing Carrier before each lATA season. The Marketing Carrier will then 

advise the flight-numbers for the Codeshared Flights. Any schedule changes (other 

than ad-hoc changes due to unforeseen circumstances) during the lATA season will 

also be duly communicated to the Marketing Carrier. 

ARTICLE 3: CRS cost 

CRS booking fees associated with reservations on the Codeshared Flights and charged by a 

CRS to the Operating Carrier for Operating Carrier bookings shall be borne by the Operating 

Carrier. 

CRS booking fees associated with reservations on the Codeshared Flights and charged by a 

CRS to the Marketing Carrier for Marketing Carrier bookings shall be borne by the Marketing 

Carrier: 

ARTICLE 4: Validity 

This Annex is effective as from the effective date of the Codeshare Agreement, unless the 

Agreement is cancelled in accordance with Article 18 of the Codeshare Agreement. Parties can 

make amendments to this annex by mutual agreement at any time. 

For and on behalf of 

Hawaii Airlines Inc. 

Andrew Watterson 

Vice President 

Planning and Revenue Management 

Date:----=t/~~~~3-

For and on behalf of 

CHINA AIRLINES Ltd. 

V0~~ H. H. Tung 

Vice President 

Corporate Development Office 

Date : 21fl 1- . £r 6 

Page 3 of3