1. The following Terms and Conditions will apply to the submission of offers for upgrading Passenger’s flight ticket issued on Malaysia Airlines’ document number 232, and on services operated by Malaysia Airlines for flights with carrier code “MH”.
2. Malaysia Airlines reserves the right in its absolute discretion and without prior notice to determine, change and not disclose the factors, conditions and rules relating to the eligibility for MHupgrade offer, which may vary from time to time. The following shall NOT be eligible for MHupgrade offer:
(a) Booking with infant;
(b) Upgrade Offers submitted by person(s) below the legal age of majority in their country of residence at the time the Upgrade Offer is submitted.
3. By submitting an Upgrade Offer:
(a) a person confirms that he or she has reached the legal age of majority in their country of residence at the time the Upgrade Offer is submitted; and
(b) Passenger shall be deemed to have the authority to act on behalf of and to bind the person or persons named or included on the Upgrade Offer to these Terms and Conditions.
4. The Upgrade requires a payment for a ticket exchange which is applicable for either from economy class to business class or from business class to first class.
5. In order for the Passenger to be able to participate in an Upgrade Offer, Passenger must first purchase a confirmed ticket (“Ticket”) for traveling on economy class or business class subject to Terms and Conditions in Section 1.
6. Passengers with an eligible flight segment(s) will receive an invitation to submit an Upgrade Offer through a link. Alternatively, Passenger with Ticket will have the option of checking on the eligibility of his/her flight segment(s) by visiting Malaysia Airlines website (www.malaysiaairlines.com > Plan > MHupgrade) by entering the required details including the Malaysia Airlines Booking Reference.
7. Up to 72 hours before Passenger’s segment departure time, Passenger may submit an Upgrade Offer price for each eligible segment and provide Passenger’s credit card details. After completion of the information and confirmation of the information by Passenger, the Upgrade Offer will be registered to be considered for an Upgrade, subject to these Terms and Conditions. Passenger shall receive an email confirming his/her Upgrade Offer has been received. This email is NOT an acceptance of the Upgrade Offer.
8. Subject to Passenger’s credit card type, acquiring bank and issuing country, upon submission of an Upgrade Offer, Passenger may receive a notification that one (1) unit of offered currency [except in the case of Japanese Yen (JPY), and depending on credit card type, ten (10) or one (1) Yen] has been charged to Passenger’s card. This is as a result of authentication of Passenger’s credit card. However, this amount will be reversed from Passenger’s credit card account immediately and will not be listed in Passenger’s statement. Notwithstanding the foregoing, depending on the credit card terms and conditions Passenger may be charged a foreign transaction fee by the credit card issuer, such fees shall be borne by Passenger.
9. Passenger may only submit one Upgrade Offer per eligible flight segment as per the purchased ticket.
10. Passenger may revise or cancel Passenger’s Upgrade Offer through the hyperlink on the offer acknowledgement email up to 72 hours of Passenger’s segment departure time, provided that Passenger’sUpgrade Offer has not been already accepted by Malaysia Airlines and Passenger’s credit card has not been charged. However, if Passenger’s Offer is accepted before Passenger cancel or amend Upgrade Offer, Passenger is legally bound to complete payment for the price stated in Passenger’s final Offer.
11. The Upgrade Offer, any applicable pre-payable taxes and fees for the Upgrade and the total amount payable will be displayed (“Total”). Taxes to be collected at airports or its equivalent, credit card issuer and bank-related fees and charges are not included and shall be borne by Passenger.
12. If there are two or more passengers in Passenger’s booking, Passenger may only submit one (1) Upgrade Offer to Upgrade for all such passengers. The Offer amount will be on a per-passenger basis. The Offer amount will be multiplied by the number of passengers in Passenger’s booking. If Passenger submits an Offer, Passenger shall be deemed to have the authority to act on behalf of and to bind the person or persons named or included in the Offer, to these Terms and Conditions.
13. Malaysia Airlines reserves the right, in its sole discretion, to decide whether or not to accept Passenger’s Upgrade Offer, and it makes no representation that any Passenger will be upgraded regardless of whether or not seats are available in the class of service for which an Upgrade Offer is being made.
14. Subject to Passenger’s credit card type, acquiring bank and issuing country, Passenger may receive a notification during processing of the Upgrade Offer, that the total offered amount has been charged to Passenger’s card. This does not amount to acceptance by Malaysia Airlines of the Upgrade Offer or that the amount has been debited from the credit card. This is the process of authorization of credit card where the amount has been set aside. The final acceptance of Upgrade Offer is confirmed and payment is debited from Passenger’s nominated credit card when:
(a) Passenger receives an Upgrade Offer acceptance email; and
(b) A new e-ticket with upgraded class is issued to each passenger included in Passenger’s original flight booking. If for whatever reason the Upgrade cannot be completed successfully, no payment will be charged by Malaysia Airlines. The amount set aside will be reversed to the Passenger’s nominated credit card in due course depending on the Passenger’s issuing bank.
15. Acceptance of Passenger’s Upgrade Offer and the re-issued ticket will be sent to Passenger’s email address by 48 hours prior to departure of Passenger’s next segment. Passenger whose Upgrade Offer has not been accepted will be notified by 48 hours prior to departure of the Passenger’s next segment.
16. The 5-character Malaysia Airlines Booking Reference is supplied to Passenger at the time Passenger books a Malaysia Airlines flight and is printed on the Ticket. Booking Reference is required to submit an Upgrade Offer from the Malaysia Airlines upgrade website. Booking Reference provided must be kept confidential at all times. Passenger must not share his/her Booking Reference and Passenger is responsible for protecting it against improper or unauthorized use.
17. Malaysia Airlines does not guarantee specific seat assignments to Passengers whose Upgrade Offers are accepted and upgraded.
18. There will be no refund, credits, or exchanges once Passenger’s Upgrade Offer has been accepted by Malaysia Airlines and Passenger’s nominated credit card has been charged.
19. Upgrade is strictly non-transferable.
20. In the event of a change which necessitates Malaysia Airlines to re-accommodate Passenger on to another Malaysia Airlines flight for whatever reason(s) other than for reasons attributable to Passenger’s fault, actions or omissions, any Upgrade Offer Passenger made in relation to the original booking may at the discretion of Malaysia Airlines be transferred to the new flight(s), subject to availability of seats in the upgraded class. If Passenger’s booking is transferred to a flight operated by an airline other than Malaysia Airlines, Malaysia Airlines does not guarantee an Upgrade to a higher class.
21. (1) Passenger is entitled to a refund for the Upgrade Offer under the following conditions:
a. The flight for which Passenger’s Upgrade Offer was accepted and upgraded was cancelled;
b. The flight for which Passenger’s Upgrade Offer was accepted and upgraded was cancelled, and Malaysia Airlines re-accommodates Passenger on another flight which may or may not be operated by Malaysia Airlines. If for any reason Passenger is unable to be seated in the higher class of service to fulfill the Upgrade and Passenger is seated in the class of service of Passenger’s original booking;
c. Passenger’s Upgrade Offer is accepted and Passenger were given an Upgrade, but Passenger is not able to be seated in the upgraded class of service for reasons attributable to Malaysia Airlines but excluding reasons attributable to Passenger’s actions or omissions, including, but not limited to, Passenger’s own decision in opting to change flights or Passenger missing a flight.
(2) No refund will be issued in the case of a change to a substitute aircraft to operate a flight where the Upgrade is still available to Passenger on that substitute aircraft.
(3) Upon reimbursement by Malaysia Airlines, Malaysia Airlines shall have no further liability to Passenger.
(4) Should any refunds be approved, as set out the above mentioned circumstances, the amount paid for the Upgrade will be refunded to the nominated credit card that was used to pay for the Upgrade and it will be processed in the currency in which the Upgrade price was charged. Such refunds shall be limited to amount charged for the Upgrade and any taxes and fees paid for the Upgrade. No credit card issuer and bank-related fees or charges will be refunded.
22. If the Passenger makes changes to the Ticket after the Upgrade Offer has been accepted by Malaysia Airlines, Passenger will not be entitled to transfer the Upgrade to another flight and the amount paid for the Upgrade will be forfeited without a refund.
23. (1) Passenger hereby agrees that to claim a refund, Passenger will submit a written request by sending an email to : email@example.com with a scanned copy of the following documents:
a. Boarding Pass for the flight in question
b. Email notifying that the Upgrade is successful
c. Any other relevant document
(2) All refunds are to be submitted within 3 months from the scheduled flight date. Any decision pertaining to refunds will be in accordance with Section 21 of these Terms and Conditions and such decisions by Malaysia Airlines shall be final and binding.
24. The fare conditions for the original Ticket purchased by the Passenger, which includes, but is not limited to, cancellation policies, change fees, baggage allowance, and rules relating to the accrual of frequent flyer miles shall remain unchanged and in effect and will be applicable even if Passenger Upgrade Offer has been accepted and Passenger has been upgraded.
25. Upgrade pursuant to an Upgrade Offer entitles the Passenger to use Malaysia Airlines lounge services in respect of the flight for which Passenger’s Upgrade Offer was accepted provided that the Passenger presents a valid boarding pass as supporting document before access to lounge can be given.
25. No Enrich Miles will be accrued for the Upgrade Offer in the event Passenger’s Upgrade Offer has been accepted by Malaysia Airlines.
27. The failure by Malaysia Airlines to exercise its rights will not be construed as a waiver or relinquishment of the future performance of any of its rights, and Passenger’s obligations with respect to such future performance shall continue in full force and effect. 28. By making an Upgrade Offer, Passenger expressly acknowledges that Passenger has read and understood the above Terms and Conditions and hereby agrees to the same.
“Malaysia Airlines” means Malaysia Airlines Berhad (Company No. 1116944-X) having its registered office at 1st Floor, Administration Building, Southern Support Zone, Kuala Lumpur International Airport, 64000 Sepang, Selangor, Malaysia) and its permitted assigns and successors “Passenger” means an individual who has purchased a ticket for a Malaysia Airlines flight operated by Malaysia Airlines “Upgrade” means a change in class from the class of service that was originally purchased for travel with Malaysia Airlines to one class of service higher “Upgrade Offer” means the offer made by Passenger together with a price for an opportunity to Upgrade, which price is IN ADDITION to the fare paid for the ticket and EXCLUDES credit card issuer and bank-related fees or charges, taxes payable at the airport , all of which shall be borne by Passenger.