Legal

Perundangan

Legal

You are advised to read these terms and conditions (“Terms and Conditions”) carefully before using this Website. By using this Website you are deemed to have read and accepted these Terms and Conditions. Kindly refrain from using this Website should you not agree to all or any of them. 1. Content 1.1 This web site for on-line booking is owned by Malaysia Airlines Berhad (Company No: 201401040794 (1116944-X)) and managed by Hijrah Biru Sdn. Bhd. also known as Amal by Malaysia Airlines “Amal” (Company No: 201701002506 (1216656-W)); a wholly owned subsidiary of Malaysia Aviation Group (MAG) in collaboration with Malaysia Airlines, whose business address is at Level 1, Administration Building, Southern Support Zone (SSZ), Kuala Lumpur International Airport – KLIA, 64000 Sepang, Selangor Darul Ehsan, Malaysia. 1.2 The contents of our Website are intended for your personal non-commercial use only. All materials published on this Website (including but not limited to articles, features, photographs, images and illustrations, also known as the "Content") are protected by copyright, trademarks or other intellectual property rights, and are owned or controlled by Malaysia Airlines, or the party credited as the provider of the Content. 1.3 For the purposes of these Terms and Conditions: "We", "Our" and "Us" refers to Malaysia Airlines and/or Amal by Malaysia Airlines while references to “You” and “Your” refers to the persons accessing this website (including persons who access this site on the behalf of other persons); references to "Material" or "Materials" includes data, information and databases. 1.4 Our Website and its Content are protected by copyrights pursuant to Malaysian and international copyright laws. Subject to Clause 1.5 herein, you may not reproduce, republish, upload, post, transmit or distribute in any manner any content from our Website without first obtaining prior written consent from us. 1.5 You may however download or copy the Content subject to the following conditions: The material is used exclusively for personal non-commercial purposes; All copies must include copyright and other intellectual property notices incorporated into the original material; and No licence is granted in respect of intellectual property rights reserved by us and/or providers of the Content. 1.6 Please review these Terms and Conditions carefully before using our Website. Your use of this website indicates Your agreement to be bound by these Terms and Conditions in consideration of the access provided to the website as detailed below. 1.7 If You do not agree to these Terms and Conditions, any of the related documentation linked below or other restrictions notified to You during the course of Your use of this website You are not permitted to, and agree not to, use or access this website. 2. Other sites 2.1 Our Website provides links to other sites and vice versa merely for your convenience and information. We shall neither be responsible for the content and availability of such other sites that may be operated and controlled by third parties and by our various branch offices worldwide, nor for the information, products or services contained on or accessible through those websites. Your access and use of such websites remain solely at your own risk. Malaysia Airlines will not be liable for any direct, indirect, consequential losses and/or damages of whatsoever kind arising out of your access to such sites. 3. Conditions of carriage for passengers and baggage 3.1 Carriage for passengers and baggage on flights operated by us is subject to Malaysia Airlines' General Conditions of Carriage for Passengers and Baggage. ‌ View our General Conditions of Carriage (updated 28 December 2019) 4. Changes and modifications 4.1 We reserve the right at our absolute discretion and without liability to: Change, modify, alter, adapt, add or remove any of the terms and conditions contained herein; and/or Change, suspend or discontinue any aspect of this Website. 4.2 We are not required to give you any advanced notice prior to incorporating any of the above changes and/or modifications into our Website and/or Malaysia Airlines’ Website. 5. Use of your personal information 5.1 We will use the personal information you provide through our Website only for purposes for which the personal information was originally requested, and for directly related purposes UNLESS we are required or authorised under law to disclose such personal information OR you give your written consent to allow disclosure of such personal information. 5.2 Please refer to MAG Privacy Policy on how we collect, process, and secure your personal data. 5.3 However, should you transact with us by purchasing our airline ticket, and/or any of our other products or services, we are permitted to handle your personal information in accordance with the provisions of Article 6.3 of our Conditions of Carriage for Passengers and Baggage. 6. Permitted users of this website 6.1 You are responsible for maintaining the confidentiality of Your website access information (such as user names, passwords and personal identification numbers) and booking data (such as booking references and Your travel itinerary). 6.2 You may choose to permit family members, friends or colleagues to access the website on Your behalf by providing website access information and/or booking data to such persons provided that: You have obtained the consent of any other persons whose booking data or personal data is accessible with Your data (such as a group booking); and You accept full responsibility for the acts and omissions of that person when accessing the website using the website access information and/or booking data provided by you whether such access is authorised by You or not. 6.3 You must not permit access to or use of this website or any of the Material on or obtained from this website to any commercial entity or other organisation providing a service to the public. 7. Appropriate use 7.1 Your access to this website is on a temporary basis, and we reserve the right to withdraw, restrict or amend the services accessibly to You on the website without notice at our absolute discretion. 7.2 You may only use this website in accordance with these Terms and Conditions and, in any event, for lawful and proper purposes which includes complying with all applicable laws, regulations and codes of practice within Malaysia or other jurisdiction from which You are accessing this website. Except as expressly permitted by Us, You shall not use this website for any purpose. 7.3 In particular, You agree that, You must not: Post, transmit or disseminate any information on or via this website which is or may be harmful, obscene, defamatory or otherwise illegal; Use ‘screen scraping’, any automated algorithm, device, method, system, software or manual process to access, use, search, copy, monitor or extract Material (in whole or in part) from or through using this website unless We have given Our express written agreement; Use this website in a manner which causes or may cause an infringement of the rights of any other Make any unauthorised, false or fraudulent booking Use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of this website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means Deface, alter or interfere with the front end ‘look and feel’ of this website or the underlying software code Take any action that imposes an unreasonable or disproportionately large load on this website or related infrastructure Permit any automatic registration, logging in or access to any of the Material on the website Obtain or attempt to obtain unauthorised access, via whatever means, to any of Our networks or accounts or to information about other users Subject to Clause 1.5 herein, disclose confidential information of any person or entity including without limitation Our confidential information 8. Your suggestions, comments and feedback 8.1 Any communication from you sent to our Website or otherwise to us by electronic mail shall be treated as non-confidential. Your comments, suggestions, questions, feedback and the like regarding the Content and/or our services in general, including any ideas, inventions, concepts, techniques or know-how disclosed therein may be used by us for any purpose, including the developing, manufacturing and/or marketing of goods and/or services, and in such circumstances you are not entitled to any reward or compensation of whatever nature from us. FOR THIS PURPOSE: WE RESERVE THE RIGHT whenever necessary to disclose your personal information within our own offices, authorised agents, government/security agencies, other airlines or the providers of such services, in whatever country they may be located. 9. No warranties 9.1 We provide no warranty, whether expressly or implied, of any kind including but not limited to any implied warranties or implied terms of reliability, stability, virus-free nature of any materials downloaded from our Website, satisfactory quality, fitness for a particular purpose or non-infringement. All such implied terms and warranties are hereby excluded. 10. Disclaimer 10.1 We do not warrant that the functions in our Website will be uninterrupted or error-free, that defects will be corrected or that this Website or the server that makes it available is free of any virus or other harmful elements. We do not warrant or make any representations regarding the correctness, accuracy, reliability, or otherwise of our Website's Content or the results of their use. 11. Remedies 11.1 Without prejudice to any of Our other rights (whether at law or otherwise) We reserve the right to: Cancel Your bookings and purchases without reference to You; and/or Deny You access to this website and block your access to the website where We believe (in Our absolute discretion) that You (or persons who access this site on your behalf using website access information and/or booking data that You have provided to them) are in breach of any of these Terms and Conditions 12. Liability 12.1 By using our Website you agree that we will not be liable under any circumstances, including negligence, for any direct, indirect or consequential loss arising from your use of the information and material contained in our Website or from your access to the linked sites described in Clause 2 herein. We are also not liable nor responsible for any material provided by third parties with their own respective copyright and shall not under any circumstances, be liable for any loss, damages or injury arising from these materials. 12.2 Nothing in our Website constitutes an offer to sell any securities and cannot under any circumstances be relied upon for investment dealings of whatever nature. 12.3 All materials downloaded from any section of this website or via a link pointed to by this website are downloaded, installed, and used totally and entirely at the users own risk. 13. Indemnification 13.1 You agree to indemnify, defend and hold Us harmless from any liability, loss, claim and expense (including reasonable legal fees) related to Your breach of these Terms and Conditions (including, but not limited to, any breach by persons acting on your behalf who access this site using website access information and/or booking/purchase data that You have provided to them). 14. Exclusions 14.1 The exclusions and limitations described herein shall apply only to the extent permitted by law, without prejudice to our rights to seek legal redress in accordance with the applicable laws. 15. Applicable law and jurisdiction 15.1 These terms and conditions and this Website's Content shall be governed and construed in accordance with Malaysian laws, and the courts of Malaysia shall have exclusive jurisdiction to adjudicate any dispute which may arise in relation thereto. 15.2 Where these Terms and Conditions are translated into languages other than English in the event of any conflict or inconsistency the English language Terms and Conditions shall prevail. 15.3 We reserve the right to bring proceedings in: The Courts of the country of Your residence The Courts of the location of Your access, use or storage of any Materials obtained from the website The Courts of the location of any breach by You of these Terms and Conditions; and/or The Courts of the location of your authorisation of any of the above acts 15.4 You acknowledge and agrees that damages alone would not be an adequate remedy for any breach of the terms of these Terms and Conditions. Accordingly, We shall be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of the terms of these Terms and Conditions. 16. Travel insurance 16.1 The travel insurance products offered on the Malaysia Airlines website are governed by local insurance laws and regulations. Please note that Malaysia Airlines does not offer travel insurance for residents of all countries. 16.2 European Commission (EC) notice on issue of the proliferation of so-called ‘claim farms’; if applicable; (which encourage passengers to seek compensation for delayed flights) can be obtained from here . 17. Customer service plans Korean Consumer Protection ‌‌ China Consumer Protection ‌ Taiwan Consumer Protection 18. Security 18.1 If You have reason to believe that Your access to the website is no longer secure (e.g. loss, theft or unauthorized disclosure or use of user names, passwords and personal identification numbers), You must promptly change the affected access information 19. Miscellaneous 19.1 These Terms and Conditions contain all the terms of Your agreement with Us relating to Your use of this website. No other written or oral statement (including statements in any brochure or promotional literature published by Us) will be incorporated. 19.2 Any failure to assert any rights We may have under these Terms and Conditions does not constitute a waiver of Our right to assert the same or any other right at any other time or against any other person. 19.3 If any provision of this Agreement is found to be invalid or unenforceable, then the invalid or unenforceable provision will be removed from these Terms and Conditions without affecting the validity or enforceability of any other provision. 19.4 Throughout this website the terms "partner(s)" and "partnership(s)" are used to refer to individual marketing or co-operation agreements and not to any relationship which has specific legal or tax implications. Malaysia Airlines and/or Amal by Malaysia Airlines cannot therefore accept any liability for the conduct of these partner organisations. 19.5 Throughout this website the term "person(s)" is used to refer to natural and legal persons.