Smart_Upgrade

Terms and Conditions

1. The following terms and conditions ("Terms and Conditions") shall apply to an offer (“Offer”) made by you (“you”) to Austrian Airlines AG, Office Park 2, 1300 Vienna-Airport, Austria (“Airline”) for an opportunity to upgrade from the economy class that was originally purchased by you for travel with the Airline to business class (“Upgrade”). Offers can only be made on selected flights operated by the Airline on condition that the passenger needs a valid and issued Austrian Economy Class ticket for the concerned flight. Offers cannot be accepted for tickets sold in following countries: India, Japan

2. All persons who submit an Offer must have reached the legal age of majority in their country of residence at the time the Offer is submitted. You shall be deemed to have the authority to act on behalf of and to bind the person or persons named or included on the Offer to these Terms and Conditions.

3. An Offer, when submitted by you in association with a booking made with the Airline, whether made directly with the Airline or indirectly through other means, and presented to the Airline, shall entitle the person or persons named on the Offer, subject to these Terms and Conditions, to be considered for an Upgrade. If more than one passenger exists in the original flight booking the upgrade offer applies to each passenger. The offered amount will be multiplied by the number of persons included in the original flight booking. Prior to submitting your credit card details you will see the total amount for the upgrade.

4. The Airline is under no obligation to accept your Offer, and it makes no representation that any passenger will be upgraded. The acceptance of the offer is at the sole discretion of the airline.

5. You agree that your Offer remains open for acceptance by the Airline at any time up to 72 hours prior to the scheduled flight departure time. You may revise or cancel your Offer as long as your Offer has not already been accepted by the Airline. Once your Offer is accepted by the airline, you are legally bound to complete payment for the price stated in your final Offer and you are not entitled to withdraw anymore from your Upgrade, except and to the extent as described in these Terms and Conditions.

6. In the event the Airline cancels a flight and re-accommodates you on to another flight, any Offer you made in relation to the original booking may be transferred to the new flight(s) subject always to availability of seats in Business Class. If, for any reason, there are not enough seats available in the higher class of service to fulfil your Upgrade (only where your original Offer has been accepted), any amounts paid by you for the Upgrade will be refunded to the credit card that was used to pay for the Upgrade. The refund will be set off against any compensation due to applicable legal regulation. If your booking is transferred to a flight operated by an airline other than Austrian Airlines or Tyrolean Airways the Airline cannot guarantee an Upgrade to the higher class. In this case any amounts paid by you for the Upgrade will be refunded to the credit card that was used to pay for the Upgrade and the above-mentioned set off rules will apply.

7. The Airline may accept your Offer any time between 72 and 48 hours prior to the scheduled flight departure time. In the event the Airline accepts your Offer, your credit card shall be charged the full amount immediately upon acceptance, and the Airline will issue an Upgrade to each passenger included in your original flight booking. The total amount charged will include all applicable pre-payable taxes and fees (if any) for the Upgrade. An Upgrade that has been issued by the Airline cannot be assigned, or transferred, in whole or in part to another person or flight except as specified in clause 6 herein.

8. There will be no refunds, credits, or exchanges once your Offer has been accepted by the Airline, except under the following conditions:
• The flight for which your Offer was accepted and you were upgraded was cancelled.
• The flight for which your Offer was accepted and you were upgraded was cancelled, and the Airline re-accommodated you on another flight but in the class of service of your original booking.
• Your Offer was accepted and you were given an Upgrade, but you were not able to be seated in the upgraded class of service for reasons attributable to the Airline, including, but not limited to, a change in equipment, a delay in the connecting flight that resulted in your missing the connection on which you were upgraded, but excluding reasons attributable to your actions.

If the refund is approved, the amount paid for the Upgrade will be refunded to the payment card that was used to pay for the Upgrade. The refund will be set off against any compensation due to applicable legal regulation.

9. Should refunds be approved, they will be processed in the currency in which the Upgrade amount was charged. If a foreign exchange rate must be applied in order to complete the refund in the currency of the originally charged Upgrade amount, a generally accepted prevailing rate will be used. This rate may be adjusted to account for conversion and other charges that the Airline may levy. In no respect shall the amount refunded be more than the amount charged in the original currency for the Upgrade.

10. If you paid for your seat reservation for an originally purchased economy class flight according to Article 5.4.1 of the Conditions of Carriage and your Offer was accepted, the amount paid for the seat reservation will not be refunded.

11. The fare conditions for the original ticket you purchased shall remain in effect and will be applicable even if your Offer has been accepted and you have been upgraded, including, but not limited to, cancellation policies, change fees, and rules relating to the accrual of frequent flyer miles.

12. The Airline does not guarantee specific seat assignments to passengers whose Offers are accepted and who are upgraded.

13. The amount of Free Baggage you may carry with you is determined separately and individually for each Flight Segment in accordance with the conditions and limitations applicable to the corresponding Flight Segment.

14. Austrian Airlines currently operates part of the long haul fleet with the newly refurbished business class cabin, while some aircraft are still operating in the older version until the completion of the refurbishment program. The airline does not guarantee transportation in the newly refurbished business class cabin.

15. In the event your Offer was accepted and your credit card was charged the Offer amount but the Upgrade was not provided or received, you may apply for a refund provided that the conditions for which refunds are given as described in these terms and conditions have been satisfied. You hereby agree that to claim a refund, you will present the (i) boarding pass for the flight in question at the time you request the refund, and (ii) email notifying you that you have been Upgraded, and you shall contact the Airline through feedback@austrian.com within 3 months of the flight departure for which such dispute is being raised.

16. The Airline reserves the right to modify and otherwise change these Terms and Conditions at any time in its sole discretion. These modifications or changes shall not impact material provisions of the Terms and Conditions, nor the Offers that have already been accepted.

17. These Terms and Conditions constitute the entire and only understanding between the parties, and replace any prior understandings or agreements (whether oral or written) relating to the subject matter hereof. The Airline shall not archive nor make accessible the contract entered into with you.

18. The failure of the Airline to exercise any of its rights shall not be construed as a waiver or relinquishment of the future performance of any of its rights, and your obligations with respect to such future performance shall continue in full force and effect.

19. These Terms and Conditions shall be governed by the laws of Austria. Without prejudice to your right under mandatory local laws to initiate legal proceedings before other competent courts, you submit to the exclusive jurisdiction of the courts of Vienna, for settlement of any dispute which might arise as a result of or in connection with these Terms and Conditions.

20. These Terms and Conditions should be read in conjunction with Austrian Airlines’ Conditions of Carriage and Privacy Policy and are hereby incorporated into and form part of these Terms and Conditions.