SWISS Upgrade Bargain

Terms & Conditions
  1. The following terms and conditions ("Terms and Conditions") shall apply to a bid (“Offer”) made by you (“you”) to Swiss International Air Lines Ltd. (“SWISS” or “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”) or from the business class that was originally purchased by you for travel with the Airline to First class (“Upgrade”).
  2. Offers can only be made on selected flights operated by SWISS provided the passenger holds a valid and issued SWISS Economy respective Business class ticket for the concerned flight. Offers cannot be accepted for tickets sold in the following countries: India, Brazil. On flights from and to TLV no Offers can be accepted for upgrades from Business into First class. For SWISS flights to and from Japan an offer can only be submitted for the defined “fix” amount indicated by SWISS.
  3. Anyone submitting an offer must have reached the legal age applicable in their country of residence at the time they submit their offer. They are deemed to be authorized to act on behalf of the person(s) named or recorded in the offer and to bind such persons(s) to these Terms & Conditions.
  4. 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.
  5. It is not permitted to upgrade from Economy class to First class with the combination of different upgrade products.
  6. SWISS can exclude low booking classes in the Business class compartment from an Offer (e.g. P-booking class).
  7. 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.
  8. You agree that your Offer remains open for acceptance by the Airline at any time up to 48 hours prior to the scheduled flight departure time. You may revise or cancel your Offer up to 132 hours prior scheduled flight departure time. 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.
  9. The Airline may accept your Offer any time between 120 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 accepted by the Airline cannot be assigned, or transferred by you, in whole or in part to another person or flight.
  10. In the event that SWISS cancels a flight and re-accommodates you on to another SWISS operated flight, any accepted Offer you made in connection with the original booking may be transferred to the new flight(s), provided that seats are still available in the higher class of service. If, for any reason, there are not enough seats available in the higher service class 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. If your booking is transferred to a flight operated by an airline other than SWISS, in the event this 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.
  11. As soon as your offer has been accepted by SWISS, no refund, crediting or exchange whatsoever is possible. Except in the following conditions:
    1. The flight for which your offer was accepted and for which you have received an Upgrade was cancelled.
    2. The flight for which your offer was accepted and for which you have received an Upgrade was cancelled and SWISS has rebooked you for another flight, though in the service class of your original booking.
    3. Your offer was accepted and you received an Upgrade, but you were unable to obtain a seat in the service class of the Upgrade (e.g. due to a lack of availability). This includes equipment changes if on the new aircraft a seat in the higher service class is not available, or a delay in a connecting flight which meant that you missed the flight for which you received the Upgrade. Not included are reasons which fall under your responsibility.
  12. If due to equipment change the higher service class on the route for which you purchased an upgrade is available but has a different interior fitting no refund can be claimed.
  13. 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. 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.
  14. If you paid for your seat reservation (Advance Seat Reservation) for an originally purchased SWISS 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.
  15. 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 and change fees.
  16. If your Offer has been accepted and you have been upgraded you can profit on the upgraded flight from the free baggage allowance according to the upgrade class for the flight segment(s) your offer has been accepted.
  17. The Airline does not guarantee that Business Class mile credits are higher than the Economy Class mile credits after being upgraded.
  18. The Airline does not guarantee specific seat assignments to passengers whose Offers are accepted and who are upgraded.
  19. The Airline does not guarantee transportation in the newly refurbished Business resp. First class cabin.
  20. 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 ask 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 when claiming 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. You shall contact the Airline through the Service Center within 3 months of the flight departure for which such refund is being claimed.
  21. 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.
  22. These Terms and Conditions constitute the entire and only understanding between the parties regarding the Upgrade Bargain product, and replace any prior understandings or agreements (whether oral or written) relating to the subject matter hereof.
  23. 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.
  24. These Terms and Conditions shall be governed by the laws of Switzerland. 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 Basel, for settlement of any dispute which might arise as a result of or in connection with these Terms and Conditions.
  25. These Terms and Conditions should be read in conjunction with the Airline’s Conditions of Carriage and Privacy Policy which documents are hereby incorporated into and form part of these Terms and Conditions.