Part 1 : Procedure The following terms & conditions (“Terms & Conditions”) shall apply to the bid (“Offer”) submitted by you to Edelweiss Air AG, Kloten (“Edelweiss”) for the chance of an upgrade from your originally booked Economy Class flight with Edelweiss to Business Class (“Upgrade”) or to a seat in Economy Max (“Seat Reservation”). Offers may only be made on selected flights operated by Edelweiss, with the proviso that the passenger making the Offer holds a valid Economy Class ticket issued by Edelweiss for the flight concerned. To make an Offer, you must have reached the age of majority applicable in your country of residence at the time you submit your Offer, or be acting with the consent of your legal representative. If an Offer is submitted, Edelweiss shall assume that you meet these requirements. Provided you make your Offer in conjunction with a booking made with Edelweiss and submit it either directly to Edelweiss or indirectly by other means, you shall be entitled to be considered for an Upgrade/Seat Reservation subject to these Terms & Conditions. The amount of your offer does not include the original ticket price or any previously booked Edelweiss Options. If more than one passenger is included in the original flight booking, the Offer shall apply to each passenger. The amount of the Offer shall be multiplied by the number of passengers included in the original flight booking. Prior to submitting your credit card details, you will see the total amount for the Upgrade/Seat Reservation. Edelweiss may exclude certain booking classes or passenger types from making an Offer. Edelweiss is not obliged to accept your Offer and makes no representation or warranty that a passenger will receive an Upgrade/a Seat Reservation. Acceptance of an Offer is at the sole discretion of Edelweiss. You understand and agree that Edelweiss may decide any time up to 23 hours prior to the scheduled flight departure time as to the acceptance of your Offer. You may revise or withdraw your Offer up to 120 hours before the scheduled flight departure time. As soon as your Offer has been accepted by Edelweiss, you are legally bound to make the full payment of the amount stated in your final Offer, and you no longer have the right to withdraw your Offer, except to the extent specified in these Terms & Conditions. Edelweiss may accept your Offer any time until 23 hours prior to the scheduled flight departure time. In the event that Edelweiss accepts your Offer, the total amount shall be charged to your credit card immediately upon acceptance, and Edelweiss shall issue an Upgrade or, as the case may be, a Seat Reservation to every passenger included in your original flight booking. The total amount charged shall include all applicable pre-payable taxes and fees (if any) for the Upgrade/Seat Reservation. An Offer that has been accepted by Edelweiss may not be transferred by you, in full or in part, to another person or flight. As soon as your Offer has been accepted by Edelweiss, no refund, crediting or exchange requests of any kind are possible. Also, any other services, e.g. additional bags, seat reservations, etc. which you have already paid for, are non-refundable. This also applies to Seat Reservations in Economy Max in the event that you subsequently purchase an additional Business Class Upgrade. The only grounds for exemption are as follows: ;;; 1. The flight for which your Offer was accepted and for which you received an Upgrade or, as the case may be, a Seat Reservation was cancelled. ;;; 2. The flight for which your Offer was accepted and for which you received an Upgrade or, as the case may be, a Seat Reservation was cancelled and Edelweiss has rebooked you on a different flight, however, for travel in the travel class of your original booking. ;;; 3. Your Offer was accepted and you received an Upgrade or, as the case may be, a Seat Reservation, but were unable to get a seat in the service class you upgraded to or, as the case may be, in the cabin section (e.g. due to lack of availability). This also includes a change of aircraft if an equivalent seat is unavailable on the new aircraft. ;;; Reasons within your own responsibility are not grounds for exemption. If, due to a change of aircraft, the Economy Max or Business Class to which you have upgraded has a different interior fitting than the originally scheduled aircraft, no refund may be claimed. If a refund was granted for a reason specified in paragraph 9 of these Terms & Conditions, the amount paid for the Upgrade/Seat Reservation will be refunded to the credit card used to pay for the Upgrade/Seat Reservation. The refund shall be in the currency used to pay for the Upgrade/Seat Reservation. Even if your Offer is accepted and you receive an Upgrade/a Seat Reservation, the fare conditions of the ticket you originally purchased shall remain valid and applicable. That includes, inter alia, cancellation terms and alteration fees. If your Offer has been accepted and you have received an Upgrade or, as the case may be, a Seat Reservation in Economy Max, you may make use of the free baggage allowance applicable to the travel class you have upgraded to for the flight segments your Offer has been accepted. Edelweiss does not guarantee specific seats to passengers, whose offer has been accepted. Seat numbers in Business Class may be chosen at the time of check-in. If an offer for Economy Max has been accepted, Edelweiss will assign seat numbers in Economy Max, which cannot be changed. Part 2: General If your Offer has been accepted and the respective amount charged to your credit card, but you have not received an Upgrade or, as the case may be, a Seat Reservation, you may request a refund, provided that the conditions for a refund as specified in these Terms & Conditions are met. When requesting a refund, you hereby agree to submit (i) the boarding pass for the flight concerned and (ii) the e-mail notifying you of your Upgrade or, as the case may be, of your Seat Reservation. You must contact Edelweiss via the Service Center within three (3) months of the departure date of the flight for which you are requesting a refund. Edelweiss reserves the right to modify or otherwise change these Terms & Conditions any time at Edelweiss’ own discretion. Such modifications or changes shall not affect material provisions of these Terms & Conditions, nor shall they affect the Offers that have already been accepted. These Terms & Conditions constitute the full and only agreement of the parties concerning the Edelweiss Holiday Upgrade product and replace any and all prior (oral or written) understandings or agreements relating to this subject matter. Failure of Edelweiss to enforce any of its rights shall in no way be construed to be a waiver of Edelweiss to enforce any of those rights in the future. These Terms & Conditions shall be governed by Swiss law. The courts of Kloten, Switzerland, shall have exclusive jurisdiction to settle any dispute or claim that arises from or is in connection with the Edelweiss Holiday Upgrade Offer, Exempt from this are statutory courts of jurisdiction according to mandatory local laws. These Terms & Conditions are to be read in conjunction with the Conditions of Carriage and the Privacy Statement of Edelweiss, the texts of which constitute an integral part of these Terms & Conditions.