“Malaysia Airlines” means Malaysia Airlines Berhad (Company No. 201401040794 (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.
“Last Minute Upgrade” means an upgrade purchase made by Passenger within 03 hours priors to flights departure at Malaysia Airlines Ticket Counter or Malaysia Airlines check-in counters together with a minimal upgrade fee IN ADDITION to the fare paid for the ticket and EXCLUDES payment card issuer and bank-related fees or charges, taxes payable at the airport, all of which shall be borne by Passenger.
1. The following Terms and Conditions will apply to Last Minute Upgrade purchase 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 Last Minute Upgrade offer, which may vary from time to time. The following shall NOT be eligible for Last Minute Upgrade purchase: (a) Bookings with unaccompanied minor, (c) Bookings with wheelchair, (d) Bookings with charter flights.
3. Last Minute Upgrade is available for both Domestic and International flights operated by Malaysia Airlines.
4. Passengers may only purchase one Last Minute Upgrade per eligible flight segment as per the purchased ticket.
5. The Upgrade is offered to passengers in Economy Class to travel Business Class or Business Class to Business Suite when there are seats available in upgraded class.
6. By purchasing Last Minute Upgrade (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; (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 Last Minute Upgrade Offer to these Terms and Conditions and (c) Passenger shall be at airport within 3 hours of flight departure.
7. The Last Minute Upgrade requires a payment which is applicable from Economy Class to Business Class or Business Class to Business Suite only.
8. For the Passenger to be able to purchase Last Minute Upgrade, Passenger must first purchase a confirmed ticket (“Ticket”) for traveling on Economy Class or Business Class subject to Terms and Conditions in Section 1.
9. Passengers with Ticket will have the option of checking on the eligibility of their flight segment(s) at Malaysia Airlines Ticket Counter or Malaysia Airlines check-in counters.
10. Up to 3 hours before Passenger’s segment departure time, Passenger may purchase Last Minute Upgrade for each eligible segment and provide Passenger’s payment card details or by cash. After completion of the information and confirmation of the information by Passenger, the Last Minute Upgrade will be considered for a purchase, subject to these Terms and Conditions and seats availability. Passenger shall receive an email confirming their Last Minute Upgrade is successfully purchased.
11. 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, payment card issuer and bank-related fees and charges are not included and shall be borne by Passenger.
a. Effective 1 September 2018, the rate for Malaysian Sales & Service Tax (SST) of all offers involving travelling on Domestic sectors only shall be at six percent (6%).
b. Effective 1 September 2019, the Malaysian Departure Levy (MDL) will be imposed to all international outbound flight from Malaysia. The MDL for Business Class is RM50 for outbound destinations to ASEAN countries and RM150 for outbound destinations to non-ASEAN countries. For ticket(s) where MDL Economy has been paid, the tax difference for an upgrade from Economy Class to Business Class will be charged at RM42 for outbound destinations to ASEAN countries and RM130 for outbound destinations to non-ASEAN countries. The MDL will be charged in addition to your Upgrade offer price. Taxes paid are non-refundable.
12. Malaysia Airlines reserves the right, in its sole discretion, to decide whether to accept Passenger’s Last Minute Upgrade, and it makes no representation that any Passenger will be upgraded regardless of whether seats are available in the class of service for which a Last Minute Upgrade is being made.
13. Subject to Passenger’s payment type, acquiring bank and issuing country, Passenger may receive a notification during processing of the Last Minute Upgrade, that the total offered amount has been charged to Passenger’s card. Once the Last Minute Upgrade purchase is confirmed, and payment is debited from Passenger’s nominated payment card when Passenger receives all of the following:
a. A Miscellaneous Electronic Document receipt (EMD) with the additional upgrade amount is issued to each passenger included in Passenger’s original flight booking.
14. Acceptance of Passenger’s Last Minute Upgrade purchase i.e., Electronic Miscellaneous Document Receipt (EMD) will be sent to Passenger’s email address upon confirmation.
15. The 6-character Malaysia Airlines Booking Reference is supplied to Passenger at the time Passenger books a Malaysia Airlines flight and is printed on the Ticket. Passenger may use the Booking Reference to check eligibility for Last Minute Upgrade at Malaysia Airlines Ticket Counter or Malaysia Airlines Check-In counter. Booking Reference provided must be always kept confidential by the Passenger and Passenger must not share their Booking Reference and Passenger is solely responsible for protecting it against improper or unauthorized use.
16. Malaysia Airlines does not guarantee specific seat assignments to Passengers whose Last Minute Upgrade purchase are confirmed and upgraded.
17. All personal costs and/or any other costs and/or related expenses that are incurred to purchase the Last Minute Upgrade are at Passenger’s sole responsibility and own costs.
18. There will be no refund, credits, or exchanges once Passenger’s Last Minute Upgrade purchase has been accepted by Malaysia Airlines and Passenger’s nominated payment has been charged.
19. Last Minute Upgrade is strictly non-transferable.
20. No Enrich Points will be awarded on the amount (fare) paid for the Last Minute Upgrade for the respective sectors.
21. Once passengers receive the confirmation email signifying acceptance of Passenger’s Last Minute Upgrade purchase, Malaysia Airlines will not be responsible or liable for any claims, damages, losses, costs or expenses arising from any changes to the booking, whether such changes are made by passengers or any third party for whatever reasons.
22. 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 Last Minute Upgrade purchase 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.
23. (1) Notwithstanding Section 18 in the foregoing, Passenger is entitled to a refund for the Last Minute Upgrade purchase under the following conditions:
a. The flight for which Passenger’s Last Minute Upgrade purchase was accepted and upgraded was cancelled.
b. The flight for which Passenger’s Last Minute Upgrade purchase 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 Last Minute Upgrade purchase 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 Last Minute Upgrade purchase 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 will be refunded to the nominated payment card that was used to pay for the Last Minute Upgrade purchase and it will be processed in the currency in which the Upgrade price was charged. Such refunds shall be limited to the amount charged for the Upgrade and any taxes and fees paid for the Upgrade. No payment card issuer and bank-related fees or charges will be refunded.
24. If the Passenger makes changes to the Ticket after the Last Minute Upgrade purchase 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.
25. (1) Passenger hereby agrees that to claim a refund, Passenger will submit a written request by sending an email to: mhupgrade.enquiry@malaysiaairlines.com with a scanned copy of the following documents:
a. Boarding Pass for the flight in question
b. Email notifying that the Last Minute Upgrade is successful
c. Any other relevant document(s)
(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.
26. 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 points shall remain unchanged and in effect and will be applicable even if Passenger Last Minute Upgrade purchase has been accepted and Passenger has been upgraded.
27. Last Minute Upgrade purchase entitles the Passenger to use Malaysia Airlines lounge services in respect of the flight for which Passenger’s Last Minute Upgrade was accepted provided that the Passenger presents a valid boarding pass as supporting document before access to lounge can be given.
28. Last Minute Upgrade purchase from Economy Class to Business Class entitles the Passenger to Business Class benefits such as priority boarding and spacious seats. However, Passengers will be served Economy Class inflight meals and baggage allowance including any prepaid excess baggage that was purchased by the Passengers will maintain as per original ticket .
29. Malaysia Airlines reserves the right to change, alter, amend or cancel any or all of these Terms and Conditions from time to time, without any prior notice. The Terms and Conditions which apply to Last Minute Upgrade and Upgrade are those applying at the date is submitted. These Terms and Conditions shall be read in conjunction with Malaysia Airlines' General Conditions of Carriage, Website Terms of Use and Privacy Policy, which are hereby incorporated into and form part of these Terms and Conditions.
30. 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.
31. By making a Last Minute Upgrade purchase, Passenger expressly acknowledges that Passenger has read and understood the above Terms and Conditions and hereby agrees to the same.
32. Malaysia Airlines, its affiliates, subsidiaries, agents, employees and representatives shall not be liable for any loss or damage whatsoever suffered (including but not limited to loss of opportunities and any indirect or consequential losses) or personal injury suffered or sustained in connection with or arising from this Terms and Conditions for the Last Minute Upgrade purchase.
33. The main language of the Terms and Conditions shall be the English language. Any translation to any other language than English shall be for convenience only. Should there be any discrepancies between the English Terms & Conditions and the translated version, the English Terms & Conditions shall prevail.
34. This Terms and Conditions of the Last Minute Upgrade purchase shall be construed, governed, and interpreted in accordance with the laws of Malaysia.
35. Malaysia Airlines will not be held responsible for any typographical errors or misprint under these Terms and Conditions.