1. The following terms and conditions ("Terms and Conditions") shall apply to any offer ("Offer") made by you ("you") to Air New Zealand Limited ("Air New Zealand"), for an opportunity to upgrade from the service class of travel that was originally purchased by you for travel with Air New Zealand to one service class higher ("OneUp Upgrade"), for example from Economy class to Premium Economy class. Offers are only valid on Air New Zealand ticketed and operated flights and will not be considered:
    1. where the original ticket is a companion ticket, Star Awards ticket, travel industry tickets, a ticket for New Zealand domestic travel, or any reward or prize/promotional tickets;
    2. if there are 10 or more passengers named in the original booking;
    3. on a flight where a Skycouch™ fare has been booked; or
    4. on a flight if a MEDA form for a passenger in the booking has been submitted for that flight;
    5. if the booking is for an unaccompanied minor(s); or
    6. if the booking applies to a passenger who is required by Air NZ for safety and/or security reasons, to be seated in a specified area.
    All persons who submit an Offer must have reached the legal age of majority in their province, state or country of residence at the time the Offer is submitted.

  2. OneUp Upgrades are not available on any flights that are marketed with an Air New Zealand flight number starting with "NZ and that are operated by Virgin Australia.

  3. An Offer, when submitted by you in association with a booking made with Air New Zealand, whether made directly with Air New Zealand or indirectly through other means, and presented to Air New Zealand, shall entitle each person included in your original flight booking, subject to these Terms and Conditions, to be considered for an OneUp Upgrade.

  4. Air New Zealand reserves the right, in its sole discretion, to decide whether or not to accept your Offer, and it makes no representation that any passenger will be upgraded regardless of whether or not seats are available in the service class of travel for which an Offer is being made. The criteria for assessing Offers includes, without limitation, the amount of the Offer, the booking class of the original booking, your Air New Zealand Airpoints™ tier status, the number of seats available in higher service class of travel, any Additional Products that you may have purchased and the number of persons named on the Offer. All Offers for a particular flight are assessed at the same time and the outcome of your Offer will be advised at least 3 days (72 hours) before the scheduled flight departure time. Air New Zealand has no liability to you or to any passengers in your booking if your Offer is not accepted.

  5. You may revise or cancel your Offer at any time prior to 7 days (168 hours) from the applicable scheduled departure time by clicking on the “cancel/amend” link within the email that is sent to you by Air New Zealand confirming receipt of your Offer and completing the online cancellation form. You agree that unless you have cancelled your Offer pursuant to this section 5, your Offer remains open for acceptance by Air New Zealand at any time between 7 days (168 hours) and 3 days (72 hours) prior to the scheduled flight departure time (“Valid Offer”).

  6. From 12th July 2012, Airpoints members may submit, revise or cancel their Offers online at myairnz.com, at any time prior to 7 days (168 hours) from the scheduled departure time of the original flight booking. From 12th July 2012 and subject to section 8, Airpoints members may use Airpoints Dollars as their payment method for an Offer.

  7. In the event Air New Zealand 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 the higher service class of travel. If, for any reason, there are not enough seats available in the higher service class of travel to fulfil your OneUp Upgrade, any amounts paid by you for the OneUp Upgrade will be refunded to the credit card, pre-paid debit card or Airpoints Account that was used to pay for the OneUp Upgrade and Air New Zealand shall have no further liability to you.

  8. In the event Air New Zealand accepts your Offer, your credit card, pre-paid debit card or Airpoints Account shall be charged the full amount specified in your Offer immediately upon acceptance, and Air New Zealand will issue an OneUp Upgrade to each passenger included in your original flight booking. The total price charged will include all applicable pre-payable taxes and fees (if any) for the OneUp Upgrade. The total amount that you must pay will be displayed to you prior to you submitting your Offer. An OneUp Upgrade that has been issued by Air New Zealand cannot be assigned, or transferred, in whole or in part to another person or flight except as specified in section 7 above. Subject to section 9 below:
    1. We are unable to accept Offers that include a combination of credit card, pre paid debit card and Airpoints Dollars; and
    2. If an Airpoints member uses Airpoints Dollars to submit an Offer, the total amount of the Offer (excluding any taxes) must be paid using Airpoints Dollars. Airpoints Dollars cannot be used to pay for any taxes (including any additional Air Passenger Duty).

  9. For flights originating from Heathrow Airport, London, if a passenger upgrades from Economy class to either Premium Economy or Business Premier or Business class, a higher rate of UK Air Passenger Duty applies. Accordingly, where your Offer is for an OneUp Upgrade from Economy class into a higher service class of travel, your Offer will be subject to the payment by you, of the amount equivalent to the difference in the Air Passenger Duty that applies for Economy and the Air Passenger Duty that applies to the higher service class of travel. We will state the amount of any additional Air Passenger Duty at the time you submit your Offer. Airpoints Dollars cannot be used to pay for any taxes (including any additional Air Passenger Duty).

  10. Air New Zealand does not guarantee specific seat assignments to passengers whose Offers are accepted and who receive a OneUp Upgrade. Any special meal requests associated with the original booking will be transferred to the upgraded cabin.

  11. If your OneUp Offer is accepted, you acknowledge that any Additional Products that were purchased as part of your original booking will be deemed forfeited and will not be provided as part of the higher class of service. Air New Zealand will take the amount that you have paid for these Additional Products into account as part of our criteria for assessing Offers. You also acknowledge and agree that if your OneUp Offer is accepted, we will not provide a refund in relation to any Additional Products that were purchased as part of the original booking. “Additional Products” is defined as any flight related, optional services or benefits, that a customer elects to purchase in addition to the fare purchased, for example (but not limited to) baggage allowances, optional meal services and/or specific seat assignments.

  12. There will be no refunds, credits, or exchanges once your Offer has been accepted by Air New Zealand and your credit card, pre paid debit card or Airpoints Account has been charged, except under the following conditions:
    1. The flight for which your Offer was accepted and you were to receive an OneUp Upgrade was cancelled, and Air New Zealand re-accommodated you on another flight but in the service class of travel of your original booking in which case the amount paid for the OneUp Upgrade will be refunded to the Airpoints account, credit card or pre paid debit card that was used to pay for the OneUp Upgrade and Air New Zealand shall have no further liability to you.
    2. Your Offer was accepted and you were given an OneUp Upgrade, but you were not able to be seated in the upgraded service class of travel for reasons materially attributable to Air New Zealand, including, but not limited to, a change in equipment, a delay in the connecting flight (on the same booking) that resulted in your missing the connection on which you were to receive the OneUp Upgrade, but excluding reasons attributable to your actions, including, but not limited to, you on your own volition opting to change flights, or where you miss a flight.
    3. Your Offer was accepted for a specific flight and date, but you subsequently changed the flight and/or departure date. In these instances, Air New Zealand will re-book you in the service class of travel of your original booking, and the amount paid for the OneUp Upgrade will be refunded to the Airpoints account, credit card or pre paid debit card that was used to pay for the OneUp Upgrade.
    4. Your Offer was accepted and you subsequently cancelled the ticket. In these instances, the amount of the Offer will be refunded to the Airpoints account, credit card or pre paid debit card that was used to pay for the OneUp Upgrade.

  13. Except as provided in sections 11 and 14, if your Offer is accepted and you have received an OneUp Upgrade, the fare conditions applicable to the original ticket you purchased shall remain in effect and will apply to your upgraded ticket including, but not limited to, change and cancellation policies and fees, and rules relating to the accrual of Airpoints Dollars, Status Points under the Air New Zealand Airpoints Programme or the accrual of frequent flyer miles under any other frequent flyer programme.

  14. If your Offer is accepted and you have received an OneUp Upgrade, the baggage allowance applicable to the OneUp Upgraded service class of travel specified on your upgraded ticket will apply to your entire one way journey on the services operated by Air New Zealand only. The OneUp Upgraded baggage allowance will also apply for your entire one way journey where you receive an OneUp Upgrade on the second sector of a long-haul, two sector flight. Where part of your travel is on another carrier, then that carrier’s baggage conditions will apply, refer to their websites for full details.

  15. Air New Zealand reserves the right to amend these Terms and Conditions, at any time, in its sole discretion. It is your responsibility to check for amendments before making an Offer.

  16. The failure of Air New Zealand 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.

  17. Where you purchase or hold yourself out as purchasing our services for the purposes of a business the provisions of the Consumer Guarantees Act 1993 (New Zealand) will not apply to the supply of such services.

  18. These Terms and Conditions will be governed by New Zealand law and you submit to the exclusive jurisdiction of the courts of New Zealand.

  19. These Terms and Conditions should be read in conjunction with Airpoints Terms and Conditions, Air New Zealand's Website Terms of Use and Privacy and Security Policy which apply to the use of the Air New Zealand website and are hereby incorporated into and form part of these Terms and Conditions. In the event of an inconsistency between these Terms and Conditions and the Airpoints Terms and Conditions, these Terms and Conditions will prevail.