MALAYSIA AIRLINES BERHAD General Conditions of Carriage 1

MALAYSIA AIRLINES BERHAD

General Conditions of Carriage

THESE GENERAL CONDITIONS OF CARRIAGE FOR

PASSENGERS AND BAGGAGE OF MALAYSIA AIRLINES

BERHAD TAKE EFFECT ON 1 JUNE 2017.

As you read these Conditions of Carriage, the following

expressions mean:

"WE", "OUR" and "US"

Malaysia Airlines Berhad or Malaysia Airlines.

"YOU", "YOUR" and "YOURSELF"

Any person holding a ticket who is to be carried or is carried

on an aircraft except members of the crew or, in relation to

ticket refunds, the person who paid for the ticket (see also

definition for Passenger).

"AGREED STOPPING PLACES"

For the purposes of the Convention and of these Conditions of

Carriage means those places, except the place of departure

and the place of destination, set out in the Ticket or shown in

our timetables as scheduled stopping places on your route.

“AIR CARRIAGE”

The carriage of a Passenger and their Baggage on an aircraft.

"AIRLINE DESIGNATOR CODE"

The letter and number code which identify a particular Carrier.

"AUTHORISED AGENT”

A passenger sales agent who has been appointed to represent

us in selling air transportation on our services.

"BAGGAGE"

Your personal property accompanying you on your flight which,

unless we say otherwise, consists of your Checked and

Unchecked Baggage.

"BAGGAGE CHECK"

The parts of your Ticket which relate to carrying your Checked

Baggage.

"BAGGAGE IDENTIFICATION TAG"

A document we give to you to identify each piece of your

Checked Baggage.

"CARRIER"

An air carrier that carries or undertakes to carry the passenger

and/or his baggage or performs or undertakes to perform any

other service related to such air carriage.

"CHECKED BAGGAGE"

Baggage which we have taken into our custody and for which

we have issued a Baggage Identification Tag and/or Baggage

Check and travels in the hold of the aircraft.

“CODE”

Malaysian Aviation Consumer Protection Code 2016.

"CONDITIONS OF CARRIAGE"

These conditions of carriage or another Carrier's conditions of

carriage as the case may be.

"CONJUNCTION TICKET"

A ticket issued to you in conjunction with another ticket, which

together make up a single contract of carriage.

"CONVENTION"

Whichever of the following instruments are applicable:

The Convention for the Unification of Certain Rules relating

to International Carriage by Air signed at Warsaw, 12 October

1929 (referred to as the Warsaw Convention);

The Warsaw Convention as amended at The Hague on 28

September 1955 (referred to as the Amended Warsaw

Convention);

The Warsaw Convention as amended by Additional Protocol

No 1 of Montreal (1975);

The Warsaw Convention as amended at The Hague and by

Additional Protocol No 2 of Montreal (1975);

The Warsaw Convention as amended at The Hague and by

Additional Protocol No 4 of Montreal (1975);

The Guadalajara Supplementary Convention signed at

Guadalajara, 19 September 1961; or

The Convention for the Unification of Certain Rules for

International Carriage by Air, signed at Montreal, 29 May

1999 (referred to as the Montreal Convention).

"DAMAGE"

Includes death, injury, delay, loss, partial loss or other

damage of any nature arising out of or in connection with

carriage or other incidental services that we perform.

"DAYS"

Calendar days. For the purpose of notification or sending

notices we will not count the day on which the notice is sent.

For the purposes of deciding whether a Ticket is valid, we will

not count the day on which the Ticket was issued, or when

the first flight began.

"ELECTRONIC COUPON"

An electronic Flight Coupon for an Electronic Ticket held in

our computer database.

"ELECTRONIC TICKET"

An Itinerary/Receipt, Electronic Coupon and boarding

document we have issued to you.

"FLIGHT COUPON"

The part of your Ticket which has the words "Good for

Passage" printed on it and shows the places of departure and

destination between which you are entitled to be carried.

”FORCE MAJEURE” Unusual and unforeseeable

circumstances beyond our control, the consequences of

which could not have been avoided despite all reasonable

due care and attention being exercised.

"ITINERARY/RECEIPT"

A document or documents forming part of the Electronic

Ticket which includes a reference code and/or documents we

issue to a Passenger and shows the Passenger's name, flight

information and notices required under the Convention or as

otherwise required.

ARTICLE 1: DEFINITIONS

MALAYSIA AIRLINES BERHAD

General Conditions of Carriage

“MALAYSIAN AVIATION COMMISSION”

A body corporate established under the Malaysian Aviation

Commission Act 2015.

“OPERATING CARRIER”

The carrier that actually operates the flight.

"PASSENGER”

Any person, except members of the crew, carried or to be

carried in an aircraft with our consent pursuant to a Ticket.

"PASSENGER COUPON"

The part of the Ticket which is marked as such and to be

retained by you.

"REGULATIONS"

Our terms and conditions, other than these Conditions of

Carriage, published by us and in effect on the date of ticket

issue, governing carriage of passengers and/or baggage and

shall include any applicable tariff in force. A copy of the

relevant terms and conditions may be viewed or obtained from

www.malaysiaairlines.com.

"SDR"

Special Drawing Rights as defined by the International

Monetary Fund.

"STOPOVER"

A scheduled stop on your journey at a point between the place

of departure and the place of destination, which has been

agreed in advance by us.

"TARIFF"

The published fares, charges and related conditions of

carriage of an airline which have been filed where required

with the appropriate authorities.

"TICKET"

Either a document called "Passenger ticket and Baggage

Check" including its itinerary / receipt if applicable or an

Electronic Ticket which we or our Authorised Agents have

issued to you.

"TRANSIT PASSENGER"

A passenger arriving at an airport for onward travel to another

country on the same flight from that airport; or on a connecting

flight from that airport; or on a connecting flight from another

airport; or on another onward flight from that airport.

"UNCHECKED BAGGAGE"

Your Baggage other than your Checked Baggage which you

take with you on to the aircraft in accordance with our

Regulations.

2.1 GENERAL

2.1.1 Except as provided in Articles 2.2 to 2.6, these

Conditions of Carriage apply to all transportation of

passengers and Baggage that we perform for

compensation or that other Carriers or companies

perform on our behalf.

2.1.2 These Conditions of Carriage also apply to

gratuitous and reduced fare carriage except to the

extent that we have provided otherwise in our

Regulations or in the relevant contracts, passes or

Tickets for such carriage.

2.2 CARRIAGE TO/FROM CANADA AND THE USA

2.2.1 Carriage to/from Canada

These Conditions of Carriage apply to carriage

between places in Canada or between a place in

Canada and any place outside Canada, only to the

extent they are incorporated in tariffs in force in

Canada.

2.2.2 Carriage to/from the USA

These Conditions of Carriage will apply to carriage

between a place outside the USA, and/or between

places within the USA, only if they have been

incorporated in tariffs in force in the USA.

2.3 CHARTERS

If carriage is performed pursuant to a charter

agreement, these Conditions of Carriage shall apply

only to the extent provided in the charter agreement

and the charter ticket. Where there are no charter

regulations applicable, these Conditions of Carriage

shall apply to such Carriage in so far as they are not

excluded by or inconsistent with the terms of the

charter agreement and the charter ticket. By

accepting the carriage pursuant to a charter

agreement, whether or not concluded with the

passenger, the passenger agrees to be bound by the

applicable provisions of such agreement.

2.4 CODE SHARES

2.4.1 On some services we have arrangements with other

Carriers known as "Code Shares". This means that

even if you have a reservation with us and hold a

Ticket where our name or Airline Designator Code is

indicated as the Carrier, another Carrier may operate

the aircraft. In such cases, where there is any

difference between our Conditions of Carriage and

those of the Operating Carrier, the latter will prevail.

If such arrangements apply we will advise you of the

Carrier operating the aircraft when you are making a

reservation or, if the identity of the Operating Carrier

is not yet known at the time of reservation, ensure that

you are informed of the same as soon as such an

identity is established.

2.5 OVERRIDING LAW

To the extent that any provision contained or referred

to in these Conditions of Carriage is contrary to

anything contained in the Convention, where

applicable, or the Code, or any applicable laws,

government regulations, orders or requirements that

cannot be waived by agreement of the parties, such

provisions will not apply. The invalidity of any

provision shall not affect the validity of any other

provisions which remain valid.

ARTICLE 2: WHEN THESE CONDITIONS APPLY

MALAYSIA AIRLINES BERHAD

General Conditions of Carriage

2.6 CONDITIONS OF CARRIAGE PREVAIL OVER

REGULATIONS

Except as provided in these Conditions of Carriage, in

the event of inconsistency between these Conditions

of Carriage and our Regulations, these Conditions of

Carriage will apply.

3.1 TICKET AS PRINCIPAL EVIDENCE OF

CONTRACT

3.1.1 The Ticket constitutes prima facie evidence of the

contract of carriage between us and the Passenger

named on the Ticket. We will provide carriage only to

the Passenger named on a Ticket (or holding, as

proof of payment or part payment, any other

document) issued by us or our Authorised Agent.

The Ticket is and remains at all times the property of

the Carrier that issues it.

3.1.2 Identification of Passengers

We will require you to produce appropriate

identification to prove you are the Passenger named

in the Ticket before allowing you to board our flight.

3.1.3 Valid Ticket Required for Carriage

Except in the case of an Electronic Ticket or unless

authorised in writing by us, you shall not be entitled

to be carried on a flight unless you present us with a

Ticket that is valid and has been duly issued in

accordance with our Regulations. The Ticket must

contain the Flight Coupon for that flight, all other

unused Flight Coupons and the Passenger Coupon.

In addition, you shall not be entitled to be carried if

the Ticket presented is mutilated or if it has been

altered by anyone other than us or our Authorised

Agent.

In the case of an Electronic Ticket, you shall not be

entitled to be carried on a flight unless you provide

positive identification and an Itinerary/Receipt which

is valid and duly issued in accordance with our

Regulations and contained in our database.

3.1.4 Loss or Mutilation of Your Ticket

If your Ticket (or any part of it) is lost or mutilated, or

you do not present a Ticket containing the Passenger

Coupon and all unused Flight Coupons, the issuing

Carrier may at the Passenger's request and subject

to the Carrier's Regulations replace the Ticket (or

any part of it) by issuing a new Ticket, on proof

satisfactory to the Carrier, that a Ticket valid for the

flight(s) in question was duly issued, and the

Passenger agrees to such form as may be

prescribed by the Carrier to pay any costs and losses

reasonably incurred by us or the other Carrier

resulting from the misuse of the Ticket. The issuing

Carrier may require you to pay up to the full Ticket

price for a replacement Ticket, subject to refund if

and when the issuing Carrier is satisfied that a Ticket

was issued, paid for and not used before the expiry of

its validity. The issuing Carrier may levy a reasonable

administration charge for replacing the Ticket in

accordance with the Regulations.

A Ticket is valuable and you should take appropriate

measures to safeguard it and ensure it is not lost or

stolen.

3.1.5 Ticket not Transferable

A ticket is issued to you personally and is not

transferable. You must not give it to anyone else to

use.

3.2 PERIOD OF VALIDITY

3.2.1 Except as otherwise provided in the Ticket, these

Conditions of Carriage or our Regulations, or in any

tariffs which apply to your Ticket, your Ticket is valid

for:

(a) one year from the date it was issued; or

(b) one year from the date you first travelled using

the Ticket, as long as your first flight took place

within a year of the ticket being issued.

3.2.2 Extension of Validity

We will extend the validity of your Ticket for a period

of three months from the date it expires if you are

prevented from travelling within the period of validity

of the Ticket for any of the following reasons:

(a) we cancel the flight on which you hold a

reservation;

(b) we omit a scheduled stop, being your place of

departure, place of destination or a Stopover;

to schedule;

(d) we cause you to miss a connection;

(e) we substitute a different class of service; or

(f) we are unable to provide previously confirmed

space.

3.2.3 When you are prevented from travelling within the

period of validity of the Ticket because at the time you

request a reservation we are unable to provide space

on the flight, the validity of such Ticket will not be

extended unless otherwise provided in our

Regulations.

3.2.4 If after commencing your journey, you are prevented

from travelling within the period of validity of the Ticket

because of illness, we will extend the validity of your

Ticket until the date when you become fit to travel

according to a medical certificate, or until our first flight

after such date from the point where the journey is

resumed on which space is available in

ARTICLE 3: TICKETS

MALAYSIA AIRLINES BERHAD

General Conditions of Carriage

the class of service for which the fare has been paid

(provided such extension is not precluded by our

Regulations applicable to the fare paid by you).

When the Flight Coupons remaining in the Ticket, or

in the case of an Electronic Ticket, the Electronic

Coupons, include one or more Stopovers, the validity

of such Ticket, subject to our Regulations, will be

extended for not more than three months from the

date shown on the medical certificate. In the event of

an extension pursuant to this paragraph, we will

similarly extend the period of validity of Tickets of

other members of your immediate family

accompanying you.

3.2.5 In the event of your death during your journey, the

Tickets of the persons accompanying you may be

modified by waiving any minimum stay requirement or

extending the validity. In the event of a death in your

immediate family once you have commenced your

journey, the validity of your Tickets and those of your

immediate family accompanying you may be likewise

modified. Any such modification shall be made upon

receipt of a proper death certificate and any extension

of validity shall not be for a period longer than forty-

five (45) Days from the date of the death.

3.2.6 If you have a non-refundable ticket, which is completely

or partially unused and you are prevented from

travelling due to Force Majeure, provided that you

promptly advise us and furnish evidence of such

Force Majeure, we may provide you with a credit

voucher equivalent to the value of the unused portion

of the non-refundable fare, if any, for future travel with

us, subject to deduction of a reasonable

administration fee.

3.3 COUPON SEQUENCE AND USE

3.3.1 We will honour Flight Coupons, or in the case of an

Electronic Ticket, Electronic Coupons, only in the

sequence provided in the Ticket.

3.3.2. The Ticket you have purchased is valid for

transportation from your point of origin, via any

Stopover or Agreed Stopping Place as shown in your

ticket. The fare you have paid is calculated on the

basis of the entire journey shown on the Ticket.

Should you wish to change your journey you must

will be recalculated and you will be given the option of

accepting the new price or maintaining your original

journey as ticketed. Should you change your journey

without our agreement we reserve the right to assess

the correct fare for your actual travel and collect from

you any difference between the fare you have paid

and the fare applicable for your revised journey. We

will refund a difference if your new fare is lower.

3.3.3 Please be aware that while some types of changes

will not result in a changed fare, others such as

changing your point of origin or reversing the direction

you travel can result in an increase in price. Many

special fares are valid only on the dates and flights

shown on the Ticket and cannot be changed except

upon payment of an additional fee.

3.3.4 Each Flight Coupon, or in the case of an Electronic

Ticket, each Electronic Coupon, will be accepted for

carriage in the class of service specified in these

coupons on the date and flight for which space has

been reserved. When these coupons are issued

without a reservation being specified, we will reserve

space upon your request subject to the conditions of

the relevant fare and the availability of space on the

flight requested.

3.4 OUR NAME AND ADDRESS ON THE TICKET

Our name may be abbreviated to the MH Airline

Designator Code on the Ticket, Our address is Level

1, Administration Building, Southern Support Zone

(SSZ), Kuala Lumpur International Airport – KLIA,

64000 Sepang, Selangor Darul Ehsan, Malaysia.

Please see our website www.malaysiaairlines.com for

more details on how to contact us.

4.1 Stopovers may be permitted at Agreed Stopping

Places subject to government requirements and our

Regulations.

4.2. Stopovers must be arranged with the Carrier in

advance and specified on your Ticket and additional

charges will be payable.

5.1 GENERAL

Our fares apply only for carriage from the airport at

the point of origin to the airport at the place of

destination unless we say otherwise. Fares do not

include ground transport between one airport and

another or between an airport and town/city terminal.

5.2 APPLICABLE FARES

5.2.1 Applicable fares are the published fares that are in

effect on the date of payment in full of the Ticket

applicable for the date of commencement of the first

international flight travel segment. Subject to

government requirements and our Regulations, the

applicable fare is the fare valid for carriage on the

date of each flight specified on the Ticket, or in the

case of an Electronic Ticket, as indicated for each

flight segment in the Itinerary/Receipt. If the fare that

we (or our Authorised Agent) has collected from you

is not the applicable fare, the difference shall be paid

by you, or, as the case may be, refunded by us, in

accordance with our Regulations.

5.3 ROUTING

Unless otherwise provided, fares apply only to

routings published in connection with our

Regulations. If there is more than one routing at the

ARTICLE 4: STOPOVERS

ARTICLE 5: FARES AND CHARGES

MALAYSIA AIRLINES BERHAD

General Conditions of Carriage

same fare, you may select the routing prior to the

issue of your Ticket. If no routing is selected, we may

determine the routing within our discretion.

5.4 TAXES, FEES AND CHARGES

5.4.1 You must pay any charges, surcharges, fees and

taxes ("Charges"), imposed by us or imposed on us

or on you by any governments or other authorities

and/or the Malaysian Aviation Commission,

operators of airports or other third parties. Details of

these Charges can be provided on request.

5.4.2 At the time you purchase your Ticket, you will be

advised of all applicable Charges.

5.4.3 However, as the Charges are constantly changing

and an increase in the Charges can be imposed after

the date of Ticket issuance, you may be obliged to

pay these additional Charges, even after the Ticket

has been issued. Alternatively, you may choose to

cancel the Ticket and obtain a full refund of the sums

paid. If any Charges which you have paid to us at the

time we issue the ticket are abolished or reduced

such that they no longer apply to you, or a lesser

amount is due, you may be entitled to claim a refund

from us.

5.5 CURRENCY

You must pay the fare and any taxes, fees, charges

and surcharges in the currency of the country in

which the Ticket is issued, unless we or our

Authorised Agents say you must use another

currency at or before the time you pay. We may at

our discretion, accept payment in another currency.

When payment is made in a currency other than the

currency in which the fare is published, such payment

will be made at the rate of exchange established in

accordance with our Regulations.

6.1 RESERVATION REQUIREMENTS

6.1.1 A reservation is not confirmed until (1) it is entered

on the appropriate Flight Coupon, or in the case of

an Electronic Ticket, the Electronic Coupon, by the

Carrier or its Authorised Agent; (2) a Ticket has been

duly issued to the Passenger, or in the case of an

Electronic Ticket, when it has been duly created in

our database; and (3) the Passenger has paid for his

Ticket (or made credit arrangements with the

Carrier) within the ticketing time limit prescribed in

the Carrier's Regulations. A reservation that does

not comply with any of these requirements may be

cancelled by us at any time without notice.

6.1.2 As provided in our Regulations, certain fares may

have conditions which limit or exclude your right to

change or cancel reservations.

6.2 TICKETING TIME LIMITS

If you have not paid for your Ticket prior to the

deadline we or our Authorised Agents have set, we

will cancel your reservation.

6.3 USE OF PERSONAL INFORMATION

6.3.1 The collection and use of such personal information

will be in accordance with our Privacy Policy, details

of which are set out below in Article 6.3.3. Without

limiting that generality, by way of illustration, we may

use the personal information that you provide and we

collect, including information about your purchase

history and how you use our services and facilities,

for the purposes of making a reservation, purchasing

and issuing a ticket, accounting, billing and auditing,

verifying and screening credit or other payment

cards, immigration, and customs control, safety,

security, health, administrative and legal purposes,

operating frequent flyer programmes, customer

relations and helping us in any future dealings with

you.

6.3.2 For these purposes you authorise us to retain such

personal information and to transmit or release it to

our own offices, our subsidiaries, other carriers or the

providers of such services or related services,

government and enforcement agencies and credit

and other payment card companies in whatever

country they may be located.

6.3.3 The collection and use of such personal information

will be in accordance with our Privacy Policy, a copy

of which may be viewed or obtained from

www.malaysiaairlines.com.

6.4 SEATING SELECTION

We will try to honour advance seating requests. We

cannot guarantee that you will be able to sit in any

particular seat. We reserve the right to change your

seat at any time, even after boarding of the aircraft.

This may be necessary for operational, safety or

security reasons.

6.5 SERVICE CHARGE WHEN SPACE NOT

OCCUPIED

Except in the case of travel on non-refundable fares,

you may be required to pay a reasonable service

charge, in accordance with our Regulations, if you

fail to use space for which you made a reservation or

cancel the reservation within the cancellation time

limit prescribed in our Regulations.

6.6 RECONFIRMATION OF RESERVATIONS

6.6.1 You may have to reconfirm your reservation for any

onward or return travel before the departure time of

your flight.

6.6.2 If you fail to reconfirm, we may decide to cancel your

onward or return reservations.

ARTICLE 6: RESERVATIONS

MALAYSIA AIRLINES BERHAD

General Conditions of Carriage

6.6.3 If you fail to reconfirm but let us know that you still want

to travel and there is space on the flight, we may

reinstate your reservations and carry you. If there is

no space on the flight, we will use reasonable efforts

to carry you to your next or final destination on a later

flight as set out in the fare rules and conditions

applicable to your ticket.

6.6.4 You should check the reconfirmation requirements of

any other Carriers involved in your journey and where

necessary, reconfirm with the Carrier whose Airline

Designator Code appears on the ticket for the flight in

question.

6.7 CANCELLATION OF ONWARD RESERVATION

MADE BY CARRIER

If you do not use a reservation and fail to advise us in

advance, we will cancel or request cancellation of any

unused onward or return reservations for your

journey.

6.8 PASSENGERS REQUIRING ADVANCE

ARRANGEMENTS

6.8.1 Passengers with a disability may request for advance

arrangements in accordance with Article 19.

6.8.2 If you are not a Passenger with a disability but you

ask us or our Authorised Agents at the time of booking

to provide any special assistance, we will make

reasonable efforts to meet your request.

6.8.3 We may decide not to carry unaccompanied children,

pregnant women or passengers who are ill if

arrangements to carry them have not been made

before check in.

7.1 Check-in deadlines vary at every airport and your journey

will be smoother if you allow yourself sufficient time to

check-in. Please find out the check-in deadlines for your

flight before you travel and keep to them. We may also tell

you a time by which you must present yourself for check-

in.

7.2 If you do not complete the check-in process by the check-

in deadline, we may decide to cancel your reservation and

not carry you. By completing the check-in process we

mean that you have received your boarding pass for your

flight.

7.3 You must be present at the boarding gate no later than

the time we give you when you check in. We may decide

not to carry you if you fail to arrive at the boarding gate on

time.

7.4 We will not be liable to you for any loss or expense you

suffer if you fail to meet check-in deadlines, fail to present

yourself for check-in on time or fail to be at the boarding

gate on time.

7.5 We will not delay the departure of our flight if you do not

check-in or board in time.

8.1 OUR RIGHT TO REFUSE CARRIAGE

We may refuse to carry you or your Baggage, or

remove you or your Baggage from our flight if one or

more of the following has happened or we

reasonably believe may happen:

8.1.1 If carrying you would be contrary to government

laws, regulations or orders, or if the immigration

authority for the country you are travelling to, or for a

country in which you have a stopover, has told us

(either orally or in writing) that it has decided not to

allow you to enter that country, even if you have, or

appear to have, valid travel documents.

8.1.2 If carrying you or your Baggage may put the safety

of the aircraft or the safety or health of any person in

the aircraft in danger.

8.1.3 If carrying you or your Baggage may affect the

comfort of any person in the aircraft.

8.1.4 If you are drunk or under the influence of drink or

drugs.

8.1.5 If your mental or physical state is a danger or risk to

you, the aircraft or any person in it.

8.1.6 If you have not obeyed the instructions of our ground

staff or a member of the crew of the aircraft relating

to safety or security.

8.1.7 If you refuse to submit to a security check to be

carried out on you or your Baggage.

8.1.8 If the applicable fare or any charges or taxes payable

have not been paid, or credit arrangements agreed

between us and yourself (or the person paying for

the Ticket) has not been complied with.

8.1.9 If you do not appear to have proper documents for

your journey.

8.1.10 If you are not properly or are objectionably attired.

8.1.11 If you have used threatening, abusive or insulting

words towards our ground staff or another passenger

or a member of the crew of the aircraft.

8.1.12 If you have behaved in a threatening, abusive,

insulting or disorderly way towards a member of our

ground staff or a member of the crew of the aircraft.

8.1.13 If you have deliberately interfered with a member of

the crew of the aircraft carrying out their duties.

8.1.14 If you have put the safety of either the aircraft or any

person in it in danger.

8.1.15 If you have made a hoax bomb or other security

threat.

ARTICLE 7: CHECK-IN AND BOARDING

REQUIREMENTS

ARTICLE 8: REFUSAL OF AND LIMITATION ON

CARRIAGE

MALAYSIA AIRLINES BERHAD

General Conditions of Carriage

8.1.16 If you have committed a criminal offence during the

check-in or boarding processes or on board the

aircraft.

8.1.17 If you ask the relevant government authorities for

permission to enter a country in which you have

landed as a transit passenger.

8.1.18 If you have not presented a valid ticket.

8.1.19 If you destroy your travel documents during flight.

8.1.20 If you refuse to surrender travel documents to us for

examination or photocopying or to be held by the

flight crew, against receipt, when we so request.

8.1.21 If the ticket you present :

(a) has been acquired illegally;

(b) was not purchased from us or our Authorised

Agents;

(d) has been reported as being lost or stolen;

(e) is a counterfeit ticket; or

(f) you have not used the coupons in sequence, or

any Flight Coupon in the Ticket or Electronic

Coupon has been altered by anyone other than

us or our Authorised Agent, or in the case of a

Flight Coupon, has been mutilated in which

case we reserve the right to retain the Ticket.

8.1.22 If you cannot prove that you are the person named

on the Ticket.

8.1.23 If you have failed to complete the check-in process

by the check-in deadline.

8.1.24 If you have failed to arrive at the boarding gate on

time.

8.1.25 If you have behaved in a way mentioned above on or

in connection with a previous flight and we

reasonably believe that you may repeat this

behaviour.

8.2 LIMITATIONS ON OUR OBLIGATION TO PROVIDE

CARRIAGE

8.2.1 We will not carry unaccompanied children, incapacitated

persons, pregnant women or persons with illness

unless prior arrangements have been made with us in

accordance with our Regulations.

8.2.2 If we believe that the aircraft weight limitations or seating

capacity may be exceeded, we will decide in our

reasonable discretion which Passengers or Baggage

shall be carried.

8.3 CONSEQUENCES OF REFUSAL TO CARRY

8.3.1 If we have refused to carry you, or removed you from

a flight as provided in Article 8.1, we may cancel the

remaining unused portion of your Ticket and you will

not be entitled to further carriage or to a refund either

for the sector that is the subject of the refusal of

carriage or removal, or any subsequent sectors

covered by the Ticket

8.3.2 We will not be liable for any consequential or

incidental loss or damage due to any such refusal to

carry or removal en route and we shall be entitled to

recover from you all direct and indirect costs we incur

as a result of such refusal or removal including the

costs of diverting our flight.

9.1 ITEMS THAT ARE NOT ACCEPTABLE AS

BAGGAGE

9.1.1 You may not include in your Baggage:

(a) items which do not constitute Baggage as

defined in Article 1 of these Conditions of

Carriage;

(b) items which are likely to endanger the aircraft or

persons or property on board the aircraft, such

as explosives, ammunition, compressed gases

(flammable, non-flammable and poisonous),

corrosives materials (such as acids, alkalis and

wet cell batteries), etiologic agents (bacteria,

virus etc), explosive, munitions, fireworks, flares,

oxidizing materials (bleaching powder and

peroxides), radio-active or magnetized materials,

flammable liquids (lighters or heating fuels), gels

or materials that are easily ignited, poisonous,

offensive or irritating substances, (such as

cyanide, arsenic, weed killers, mercury and

magnetized), liquids (other than liquids in the

Passenger's Unchecked Baggage for use in the

course of the journey), or those items specified

in the Dangerous Goods Regulations of the

International Civil Aviation Organisation (ICAO)

and the International Air Transport Association

(IATA), and in our Regulations;

applicable laws, regulations or orders of any

state to be flown from, to or over;

(d) items which we reasonably consider are

unsuitable for carriage by reason of their weight,

size or character, such as fragile or perishable

items; or

(e) live animals, except as provided for in Article

9.11 of this Article.

9.1.2 We cannot carry firearms and ammunition other than

for hunting and sporting purposes as Baggage.

Firearms and ammunition for hunting and sporting

purposes may be accepted as Checked Baggage in

accordance with our Regulations. When you present

a firearm for carriage it must be unloaded, the safety

catch must be on, and it must be suitably packed.

Carriage of ammunition is subject to ICAO and IATA

Dangerous Goods Regulations and prevailing

national and international security regulations.

ARTICLE 9: BAGGAGE

MALAYSIA AIRLINES BERHAD

General Conditions of Carriage

9.1.3 You shall not include in Checked Baggage fragile or

perishable items, artwork, cameras, money, jewellery,

precious metals, computers, electronic and/or

telecommunications equipment or devices, optical or

photographic equipment, digital devices/items,

silverware, prescribed medicine or drugs, negotiable

papers, securities, business and legal documents,

manuscripts or deeds, passports and other

identification documents or samples, or any other

valuables.

9.1.4 Weapons such as antique firearms, swords, knives and

similar items may be accepted as Checked Baggage in

accordance with our Regulations, but will not be

permitted in the aircraft cabin or in your Unchecked

Baggage.

9.1.5 If, despite being prohibited, any items referred to in

Article 9.1.1 to 9.1.3 are included in your Baggage and

we carry the Baggage, we shall not be responsible for

any Damage to such items.

9.2 RIGHT TO REFUSE CARRIAGE

9.2.1 We may refuse to carry items described in Article 9.1

that are prohibited from carriage as Baggage, and

may refuse further carriage of any such items upon

discovery.

9.2.2 We may refuse to carry as Baggage any item

reasonably considered by us to be unsuitable for

carriage because of its size, shape, weight, contents

or character, or for safety or operational reasons

(including Baggage which does not belong to you

and which you have pooled with your own Baggage),

or for the comfort and convenience of other

passengers. We will not be liable for refusing to carry

such Baggage.

9.2.3 Unless advance arrangements for its carriage have

been made with us, we may carry any Baggage

which exceeds the applicable free Baggage

allowance on a flight other than the flight we carry

you on.

9.2.4 We may refuse to accept Baggage as Checked

Baggage unless it is in our reasonable opinion

properly and securely packed in suitable containers

to ensure safe carriage with ordinary care in

handling.

9.3 OUR RIGHT TO REQUIRE A SEARCH

9.3.1 For reasons of safety and security, we may request

that you permit a search, x-ray or scan to be made

on you or your Baggage, and we may search or have

searched your Baggage in your absence if you are

not available, for the purpose of determining whether

you are in possession of or whether your Baggage

contains any item described in Article 9.1.1 or any

firearms or ammunitions which have not been

presented to us in accordance with Article 9.1.2. We

are not liable for any Damage caused by a search, x-

ray, or scan, unless such Damage is due to our fault

or negligence.

9.3.2 If you are unwilling to comply with such request we

may refuse to carry you or your Baggage

9.4 CHECKED BAGGAGE

9.4.1 Upon delivery to us of your Baggage for check-in, we

shall take custody of the Baggage and issue a

Baggage Identification Tag for each piece of Checked

Baggage.

9.4.2 It is your responsibility to ensure that your Baggage is

adequate and correctly labeled for the purpose of

identification.

9.4.3 We will carry your Checked Baggage on the same

aircraft as yourself, unless we decide for safety,

security or operational reasons to carry the Checked

Baggage on another flight on which space is available.

In such event, you shall be entitled to compensation

for delay to the extent provided in the Convention or

Code, or otherwise in these Conditions of Carriage,

unless the reason the Baggage could not be carried

on our flight is due to late check-in or other factors

within your control. This paragraph shall not apply to

Baggage in excess of the free baggage allowance,

carriage of which is subject to our Regulations.

9.5 FREE BAGGAGE ALLOWANCE

We will carry some of your Baggage free of charge.

Your free baggage allowance will be shown on your

Ticket, or in the case of an Electronic Ticket, on your

Itinerary/Receipt and will depend on our Regulations

applying at the time of your flight. If you are in doubt,

please ask us or our Authorised Agents for details of

your free baggage allowance.

9.6 EXCESS BAGGAGE

We reserve the right to refuse to carry Baggage that

exceeds the free baggage allowance. Baggage in

excess of the free baggage allowance will be carried

at our discretion subject to space and weight

limitations. You must pay a charge for the carriage of

Baggage in excess of the free baggage allowance

including Unchecked Baggage retrieved from you at

any time up to the time of boarding the aircraft at the

rate and in the manner provided in our Regulations.

We may raise this charge at the point of your

departure, stopover or destination.

9.7 EXCESS VALUE DECLARATIONS AND

CHARGES

You may declare a value for Checked Baggage in

excess of the applicable Convention liability limits. If

you make such a declaration, you must pay additional

charges in accordance with our Regulations.

9.8 UNCHECKED BAGGAGE

9.8.1 Any Unchecked Baggage must fit under the seat in

front of you or in an enclosed storage compartment in

the cabin. Items that cannot be stored in this manner,

or items that we consider of excessive weight or size,

or of an offensive nature, will not be permitted in the

cabin.

MALAYSIA AIRLINES BERHAD

General Conditions of Carriage

9.8.2 Objects that we consider unsuitable for

transportation in the cargo compartment (including

delicate musical instruments and the like) will only be

accepted for transportation in the cabin compartment

provided we have given our permission in advance.

You must pay a charge for the transportation of such

objects in accordance with our Regulations.

9.8.3 We will not be liable for any Damage to Unchecked

Baggage unless such Damage is caused by our own

negligence.

9.9 COLLECTION AND DELIVERY OF BAGGAGE

9.9.1 You must collect your Baggage as soon as it is

available for collection at your destination or

Stopover. If you do not collect your Baggage within a

reasonable period of time, we may charge you a fee

for storing it.

9.9.2 Only the bearer of the Baggage Check and Baggage

Identification Tag is entitled to delivery of the

Baggage. Failure to produce the Baggage

Identification Tag shall not prevent delivery provided

the Baggage Check is produced and the Baggage is

identified by other means.

9.9.3 If a person claiming Baggage is unable to produce

the Baggage Check or a Baggage Identification Tag,

we will deliver the Baggage to such person only on

condition that he or she establishes to our

satisfaction his or her right to the Baggage, and if

required by us, indemnifies us for any loss, damage

or expense which we may incur as a result of such

delivery.

9.9.4 Acceptance of Baggage by the person bearing the

Baggage Check without complaint at the time of

delivery creates a presumption that the Baggage has

been delivered in good condition and in accordance

with the contract of carriage.

9.10 UNCLAIMED BAGGAGE

If you do not claim your Baggage within three (3)

months from the day we make it available to you, we

are entitled to presume that you have abandoned the

Baggage and we may dispose the Baggage without

any liability to you.

9.11 CARRIAGE OF ANIMALS

9.11.1 Subject to our advance permission and Regulations,

we will accept animals such as dogs, cats, household

birds and other pets for carriage when properly

crated and accompanied by valid health and

vaccination certificates, entry permits, and other

documents required by countries of entry or transit.

9.11.2 If accepted as Baggage, the animal, together with its

container and food carried, shall not be included in

your free baggage allowance but shall constitute

excess Baggage for which you must pay the

applicable charge. Animals must be carried in the

cargo compartment of the aircraft, and are not

allowed in the passenger cabin.

9.11.3 Subject to our Regulations, guide dogs accompanying

sight or hearing impaired Passengers, together with

containers and food, will be carried free of charge in

addition to the free baggage allowance.

9.11.4 Our acceptance for carriage of animals is subject to

the condition that you assume full responsibility for the

animals. Where carriage is not subject to the liability

rules of the Convention, we will not be liable for injury

to, loss of, delay of, sickness of or death of the animal

except in the case of our own negligence.

9.11.5 We will have no liability for any such animal not having

the necessary exit, entry, health and other documents

necessary or convenient with respect to the animal's

entry into or passage through any country, state or

territory and the person carrying the animal must

reimburse us for any fines, costs, losses or liabilities

reasonably imposed or incurred by us as a result.

9.12 ITEMS REMOVED FROM PASSENGERS BY

AIRPORT SECURITY PERSONNEL

We will have no liability to you for Damage to any item

that the airport security personnel, acting in

accordance with government regulations, remove

from you or your Baggage, even if the airport security

personnel give the items to us.

10.1 SCHEDULES

We undertake to use our best efforts to carry you and

your Baggage with reasonable dispatch. Although we

undertake to use our best efforts to adhere to our

timetables and published schedules, we do not

guarantee that your flight will depart and arrive at the

times set forth in our timetables and schedules.

Furthermore, our timetables and published schedules

shall form no part of your contract with us. If you

provide us with sufficient contact information, we will

endeavor to let you know about any changes or re-

timing of schedules.

10.2 DELAY AND CANCELLATION

10.2.1 In the event of a change in the status of a flight where

there is a cancellation or delay of thirty minutes or

more in the scheduled operation of the flight or a

diversion, we shall inform you of such change in flight

status.

10.2.2 If we cancel or delay a flight, are unable to provide

previously confirmed space, fail to stop at your

Stopover or destination point, or cause you to miss a

connecting flight on which you hold a reservation,

except as otherwise provided by the Convention or the

Code, we may elect one of the following options with

due consideration to your reasonable interests:

ARTICLE 10: SCHEDULES, DELAYS AND

CANCELLATION OF FLIGHTS

MALAYSIA AIRLINES BERHAD

General Conditions of Carriage

(a) carry you on another of our scheduled

services on which space is available;

(b) within a reasonable period of time re-route

you to the destination indicated on your

Ticket or applicable portion of your Ticket by

our own scheduled services or the scheduled

services of another Carrier, or by means of

surface transportation. If the sum of the fare,

excess Baggage charge and any applicable

service charge for the revised routing is

higher than the refund value of the Ticket, or

applicable portion of the Ticket, we will collect

no additional fare or charge from you, and will

refund the difference if the fare and charges

for the revised routing are lower;

provisions of Article 11.3; or

(d) where applicable and where we reasonably

expect a flight to be delayed for at least two

hours from its scheduled time of departure,

or when a flight is cancelled, we will offer

assistance and care/compensation to you in

accordance with paragraph 12 read together

with the First Schedule of the Code.

10.2.3 In the event your flight is cancelled or delayed due to

causes beyond our control such as, but not limited

to, force majeure, war, meteorological conditions

incompatible with the operation of the flight

concerned, security risks, unexpected flight safety

shortcoming or strikes, we will not be liable to you

and shall be under no immediate obligation to comply

with Article 10.2.2 although we shall make

reasonable efforts to assist you as best as we can in

the prevailing circumstances.

10.3 SUBSTITUTION OF CARRIER/AIRCRAFT

We reserve the right to substitute an alternative

Carrier and/or aircraft.

10.4 DENIED BOARDING

10.4.1 If we are unable to provide previously confirmed

space, we shall compensate and assist Passengers

in accordance with paragraph 11 read together with

the First Schedule of the Code, where applicable.

10.4.2 Flights from airports in the European Community

In the event of denied boarding, flight cancellation or

delayed departure by two (2) hours or more of a flight

which is due to depart from an airport in the

European Community ("EC"), the respective EC

Regulation establishing common rules on

compensation and assistance to passengers in the

event of denied boarding, cancellation or long delay

of flights shall prevail if any of the provisions of this

Article 10 are inconsistent with our obligations and

your rights under the applicable EC Regulation.

11.1 GENERAL

If we fail to provide carriage in accordance with the

contract of carriage, or if you choose not to use your

Ticket, we will refund the unused Ticket or any unused

portion in accordance with this as set out in the fare

rules and conditions applicable to your Ticket.

11.2 PERSON TO WHOM REFUND WILL BE MADE

11.2.1 Except as provided in this Article, we shall be entitled

to make a refund either to the person named in the

Ticket, or to the person who has paid for the Ticket

upon presentation of satisfactory proof of such

payment.

11.2.2 If a Ticket has been paid for by a person other than

the Passenger named in the Ticket, and we have

indicated on the Ticket that there is a restriction on

refunds, we shall make a refund only to the person

paying for the Ticket or to that person's order.

11.2.3 Except in the case of lost Tickets, we will issue a

refund only on surrender to us of the Passenger

Coupon and of all unused Flight Coupons.

11.2.4 A refund made to anyone presenting the Passenger

Coupon and all unused Flight Coupons, and holding

himself or herself out as a person to whom a refund

may be made pursuant to Articles 11.2.1 or 11.2.2, will

be deemed a proper refund and will discharge us from

liability to you or any other person for a refund.

11.3 INVOLUNTARY REFUNDS

If we cancel a flight, fail to operate a flight reasonably

according to schedule, fail to stop at a point to which

you are destined or ticketed for a Stopover, are unable

to provide previously confirmed space, or cause you

to miss a connecting flight on which you hold a

reservation pursuant to Article 10.2.2, the amount of

the refund shall be:

11.3.1 If no portion of the ticket has been used, an amount

equal to the ticket price; or

11.3.2 If a portion of the ticket has been used, the refund will

not be less than the difference between the fare paid

and the applicable fare for travel between the points

for which the tickets has been used.

11.4 VOLUNTARY REFUNDS

If you wish to obtain a refund of your Ticket for reasons

other than those set out in Article 11.3, the amount of

the refund shall be:

ARTICLE 11: REFUNDS

MALAYSIA AIRLINES BERHAD

General Conditions of Carriage

11.4.1 If no portion of the ticket has been used, an amount

equal to the fare paid, less any reasonable service

charges or cancellation fees;

11.4.2 If a portion of the ticket has been used, the refund will

be an amount equal to the difference between the

fare paid and the applicable fare for travel between

the points for which the tickets has been used, less

any reasonable service charges or cancellation fees.

11.5 REFUND ON LOST TICKET

If a Ticket (or any part of it) is lost, a refund will be

made as soon as practicable after the expiry of the

validity period of the Ticket, on proof of loss

satisfactory to us and upon payment of a reasonable

administration charge on condition:

(a) that the lost Ticket (or any part of it) has not

been used, previously refunded or replaced

(except where the use, refund or

replacement by or to a third party resulted

from our own negligence); and

(b) that the person to whom the refund is made

undertakes, in such form as may be

prescribed by us, to repay to us the amount

refunded in the event and to the extent that

the lost Ticket (or any part of it) is used by a

third party (except where any fraud or use by

a third party resulted from our own

negligence).

11.6 OUR RIGHT TO REFUSE REFUND

11.6.1 We may refuse to refund the Ticket when such an

application is made later than the expiry of the

validity of the Ticket.

11.6.2 We may refuse to refund a Ticket which has been

presented to us or to government officials of a

country as evidence of intention to depart, unless

you establish to our satisfaction that you have

permission to remain in the country or that you will

depart by another Carrier or another means of

transport.

11.6.3 We may refuse to refund a Ticket in the

circumstances described in Article 8.3 of these

Conditions of Carriage.

11.7 CURRENCY OF REFUND

All refunds will be subject to the laws, rules,

regulations and government orders of the country in

which the Ticket was originally purchased and of the

country in which we make the refund. Subject to the

foregoing provision, refunds will normally be made in

the currency in which the Ticket was paid for or in

the currency of the country where the refund is made

or at the option of the Carrier, in an amount equivalent

to the amount due in the currency originally collected

and may be made in another currency in accordance

with our Regulations.

11.8 PERSONS AUTHORISED TO MAKE REFUNDS

Voluntary refunds will be made only by the Carrier

which originally issued the Ticket or by its Authorised

Agent.

12.1 UNACCEPTABLE CONDUCT ON BOARD

AIRCRAFT

If in our opinion you

(a) conduct yourself on board the aircraft so as to

endanger the aircraft or any person or property

on board;

(b) obstruct the crew in the performance of their

duties;

(d) behave in a manner to which other passengers

object; or

(e) behave in a manner that causes discomfort,

inconvenience, damage, or injury to other

passengers or crew,

we may take such measures as we deem reasonably

necessary to prevent you from continuing such

conduct, including restraining you. We may also

disembark you and refuse to carry you further, and

you may be prosecuted for offences committed on

board the aircraft.

12.2 GENERAL INDEMNITY

If you conduct yourself in a manner described in

Article 12.1 above, you will indemnify us for all

Damage suffered by us, our agents, employees,

independent contractors, passengers and any third

party arising from your misconduct.

12.3 ELECTRONIC DEVICES

For safety reasons, you may not operate onboard the

aircraft portable recorders, radios, television sets,

electronic games, personal cellular telephones or

other transmitting devices including remote controlled

toys and walkie-talkies. You may not operate any

other electronic devices, including compact disc

players, laptop computers, audio or video recorders,

electric shavers on board without our permission,

except for hearing aids and heart pacemakers.

ARTICLE 12: CONDUCT ABOARD AIRCRAFT

MALAYSIA AIRLINES BERHAD

General Conditions of Carriage

12.4 FAILURE TO COMPLY

If you do not comply with Article 12.3, we may take

and retain such electronic devices until the

termination of your flight or until such other time as

we consider appropriate.

If we make arrangements for you with any third party

to provide any services other than carriage by air, or

if we issue a Ticket or voucher relating to

transportation or services (other than carriage by air)

provided by a third party such as hotel reservations

or car rental, we act only as agent for such third

party, whose terms and conditions will apply and we

shall have no liability to you for any Damage you may

incur as a result of these services.

14.1 GENERAL

It is your responsibility to comply with all laws,

regulations, orders, demands and travel

requirements of countries to be flown from, into or

over, and with our Regulations and instructions. We

will not be liable for any Damage you incur as a result

of aid or information provided by our employees or

agents regarding such laws, regulations, orders,

demands, and requirements, whether given in writing

or otherwise. Nor shall we be liable for any Damage

you incur as a result of your failure to comply with

such laws, regulations, orders, demands,

requirements, our Regulations or instructions.

14.2 TRAVEL DOCUMENTS

You must present us with all exit, entry, health and

other documents required by the laws, regulations,

orders, demands or requirements of the countries

concerned, and permit us to take and retain copies of

those documents. We reserve the right to refuse you

carriage if you have not complied with applicable

laws, regulations, orders, demands or requirements,

if your documents do not appear to be in order, or if

you do not permit us to take and retain copies of

those documents.

14.3 REFUSAL OF ENTRY

If we are required by government order to return you

to your point or country of origin, because you are

denied entry, you agree to pay the applicable fare.

We may apply to the payment of such fare any funds

paid to us for unused carriage, or any of your funds

in our possession. We will not refund the fare

collected for carriage to the point of refusal or entry

or deportation.

14.4 PASSENGER RESPONSIBLE FOR FINES,

DETENTION COSTS

If we are required to pay or deposit any fine or penalty

or to incur any expense by reason of your failure to

comply with laws, regulations, orders, demands and

travel requirements of any country or your failure to

produce required documents, you must reimburse us

on demand any amount so paid or deposited and any

expense we incur. We may apply any funds paid to us

for unused carriage, or any of your funds in our

possession to satisfy the amount owing.

14.5 CUSTOMS OR OTHER OFFICIAL INSPECTION

If required, you shall attend the inspection of your

Baggage by customs or other government officials.

We are not liable to you for any Damages you may

incur as a result of the inspection.

14.6 SECURITY INSPECTION

You must submit to any security checks required by

government agencies, airport officials, other Carriers,

or us.

If Carriage is to be performed by several successive

Carriers under one Ticket, or under a Conjunction

Ticket, the carriage will be regarded as a single

operation for the purposes of the Convention.

16.1 INTERNATIONAL CARRIAGE

Unless otherwise stated in these Conditions of

Carriage, international carriage, as defined in the

Convention, is subject to the liability rules of the

Convention.

16.2 WHERE THE CONVENTION APPLIES

Where a claim against us is governed by the

Convention:

16.2.1 we will not invoke the limitation of liability under the

Convention as to any claim for recoverable

compensatory damages in respect of your death,

wounding or other bodily injury. For the avoidance of

doubt, all claims are subject to proof of loss and we

reserve the right to rely on the defences set out in

paragraph 2 of Article 21 of the Montreal Convention,

if applicable;

ARTICLE 13: ARRANGEMENTS BY CARRIER

ARTICLE 14: ADMINISTRATIVE FORMALITIES

ARTICLE 15: SUCCESSIVE CARRIERS

ARTICLE 16: OUR LIABILITY FOR DAMAGE

MALAYSIA AIRLINES BERHAD

General Conditions of Carriage

16.2.2 with respect to that portion of such claim which does

not exceed 113,100 SDR, we will not avail ourselves

of the defence under the Convention which provides

that a Carrier is not liable if it proves that it or its

agents have taken all necessary measures to avoid

the damage or that it was impossible for it or its

agents to take such measures;

16.2.3 except as provided in Articles 16.2.1 and 16.2.2

above, we reserve all defences available under the

Convention to any such claim, and we reserve all

rights of recourse against any other party and any

third party, including, without limitation, rights of

contribution and indemnity; and

16.2.4 except as required by law, neither the waiver of limits

under Article 16.2.1 above nor the waiver of defences

under Article 16.2.2 above shall be applicable in

respect of claims made by public social insurance or

similar bodies, which claims shall be subject to the

liability limit and defences under the Convention, and

we will compensate you or your dependents for

recoverable compensatory damages in excess of

payments received from any public social insurance

or similar body.

16.3 WHERE THE CONVENTION DOES NOT APPLY

We agree subject as may be otherwise provided by

applicable law that as to all carriage performed by us

to which the Convention does not apply (including

international carriage not governed by the

Convention and domestic carriage wholly within

Malaysia):

16.3.1 subject to proof of loss, we shall not invoke any

applicable limit of liability for recoverable

compensatory damages arising out of your death,

wounding or other bodily injury;

16.3.2 we shall not, with respect to any claim arising out of

your death, wounding or other bodily injury, exclude

or limit our liability by proving that we and our agents

have taken all necessary measures to avoid the

damage or that it was impossible for us or them to

take such measures, to the extent of damages up to

the sum of 113,100 SDR

16.3.3 except as provided in Articles 16.3.1 and 16.3.2

above, we reserve all defences available under

applicable law to any such claim, and we reserve all

rights of recourse against any other party and any

third party, including, without limitation, rights of

contribution and indemnity; and

16.3.4 neither the waiver of limits under Article 16.3.1

above, nor the waiver of defences under Article

16.3.2 above shall be applicable in respect of claims

made by public social insurance or similar bodies,

which claims shall be subject to any liability limit and

defences under applicable law, and we will

compensate you and your dependents for

recoverable compensatory damages in excess of

payments received from any public social insurance

or similar body.

16.4 WHETHER OR NOT THE CONVENTION APPLIES

To the extent not in conflict with the foregoing and

whether or not the Convention applies:

16.4.1 We are liable only for Damage occurring on Malaysia

Airlines, or where we issue a Ticket or Baggage Check

with our Airline Designator Code for carriage over the

lines of another Carrier. Otherwise, where we issue a

Ticket or Baggage Check over the lines of another

Carrier we do so only as agent for such other Carrier.

With respect to claims for Damage to your Checked

Baggage which are subject to the Convention you will

have a right of action against the first or last Carrier,

where transportation of the Checked Baggage is

performed by more than one Carrier.

The liability of each Carrier involved in your journey

must be determined only by its own Conditions of

Carriage.

16.4.2 Except as provided under the Convention, we are not

liable for Damage to your Baggage unless such

Damage is caused by our negligence. If there has

been contributory negligence on your part, our liability

shall be subject to the applicable law relating to

contributory negligence.

16.4.3 We are not liable for any delay to you or your

Baggage, except as provided in these Conditions of

Carriage and under the Convention.

16.4.4 We are not liable for any Damage arising from our

compliance with any laws, or government regulations,

government orders or requirements, or from your

failure to comply with the same.

16.4.5 Except in the case of an act or omission done with

intent to cause Damage or recklessly and with

knowledge that Damage would probably result, our

liability in the case of Damage to Baggage shall be

limited as provided by the Convention:

(a) where the Warsaw Convention or Amended

Warsaw Convention applies, the limit will be

17 SDR per kilogram for Checked Baggage

and 332 SDR for Unchecked Baggage and if

the weight of your Checked Baggage is not

recorded on the Baggage Check, it will be

presumed that the total weight of your

Checked Baggage does not exceed the

applicable free baggage allowance for the

class of carriage concerned, as provided in our

Regulations;

(b) where the Montreal Convention applies, the

limit will be 1,131 SDR per passenger (for both

Checked and Unchecked Baggage),

provided that if in accordance with applicable law

different limits of liability are applicable such different

limits shall apply, and that if in the case of Checked

Baggage a higher value is declared pursuant to Article

9.7, our liability shall be limited to such higher

declared value.

MALAYSIA AIRLINES BERHAD

General Conditions of Carriage

16.4.6 Except where other specific provision is made in

these Conditions of Carriage, if we are liable to you

we will compensate you for all losses and costs

which you can prove directly incurred as a result, in

accordance with applicable law, but we will not in any

circumstance be liable for:

(a) any losses or costs not reasonably

foreseeable by us at the time the contract of

carriage was concluded;

(b) any losses or costs caused otherwise than by

our breach of contract or breach of duty to

you (except where the Convention or

applicable law otherwise requires);

(d) any losses which indirectly flowed from the

breach of contract or breach of duty to you

(except where the Convention or applicable

law otherwise requires); or

(e) any indirect or consequential loss when you

are travelling in the course of or for the

purpose of business.

16.4.7 We are not liable for Damage to you or your Baggage

caused by property contained in your Baggage. If

your property causes Damage to another person or

to another person's property or to our property you

agree to indemnify us for all losses and expenses

that we incur as a result of such injury or Damage.

16.4.8 Except as provided under the Convention, we are not

liable for Damage to fragile or perishable items,

artwork, cameras, money, jewellery, precious

metals, computers, electronic and/or

telecommunications equipment or devices, optical or

photographic equipment, digital devices/items,

silverware, prescribed medicine or drugs, negotiable

papers, securities, business and legal documents,

manuscripts or deeds, passports and other

identification documents or samples or any other

valuables, which are included in your Checked

Baggage, whether with or without our knowledge.

The applicable Convention's limitations of liability

apply. We are not liable for damage resulting from

the inherent defect, quality or vice of the baggage.

16.4.9 If your age or mental or physical condition is such as

to involve any hazard or risk to yourself, we shall not

be liable for any illness, injury or disability, including

death, to such condition or for the aggravation of

such condition.

16.4.10 Any exclusion or limitation of our liability shall apply

to and be for the benefit of our agents, employees

and representatives and any person whose aircraft

is used by us and such person's agents, employees

and representatives. The total amount recoverable

from us and from such agents, employees,

representatives and persons shall not exceed the

amount of our limit of liability.

16.5 ADVANCE PAYMENTS

In the event of your death, wounding or other bodily

injury in the course of carriage performed by us, we

shall make advance payments to the person entitled to

compensation as may be required to meet immediate

economic needs on a basis proportional to the hardship

suffered. Any such advance payment shall not

constitute admission of liability and may be offset

against any subsequent sums paid by us, but is only

returnable if the Damage was caused by, or contributed

to by, your negligence or the negligence of the person

who received the payment, or the person to whom the

payment was made was not the person entitled to

compensation.

16.6 WAIVER

Unless expressly so provided, nothing in these

Conditions of Carriage shall waive any exclusion or

limitation of our liability under the Convention or

applicable laws.

17.1 NOTICE OF CLAIMS

Any action for Damage to Checked Baggage will be

barred unless the person entitled to its delivery

complains to us immediately after the discovery of the

Damage, and, at the latest, within seven (7) Days from

the date of receipt. In the case of delay, any action for

Damage will be barred unless the complaint is made at

the latest within twenty-one (21) Days from the date on

which the Baggage has been placed at your disposal.

Every complaint must be made in writing and sent to us

within the times specified above.

17.2 LIMITATION OF ACTIONS

Any right to recover damages from us will be

extinguished if an action is not brought within two (2)

years from the date of arrival at the destination, or the

date on which the aircraft ought to have arrived, or the

date on which the carriage stopped. The period of

limitation shall be determined by the law of the court in

which the action is pending.

None of our agents, employees or representatives

has authority to alter, modify or waive any provision of

these Conditions of Carriage.

ARTICLE 17: TIME LIMITATIONS ON CLAIMS AND

ACTIONS

ARTICLE 18: MODIFICATION AND WAIVER

MALAYSIA AIRLINES BERHAD

General Conditions of Carriage

19.1 GENERAL

19.1.1 If you are a Passenger with a disability and you require

any special assistance, you should inform us at the time

of booking of your special need.

19.1.2 If you are a Passenger with a disability, we will carry you

where arrangements have been made to provide for

your special needs. If you do not inform us at the time

of booking of your special needs, we will nevertheless

use reasonable efforts to accommodate your special

needs.

19.1.3 In addition to any of the provisions set out herein in

connection to a Passenger with a disability, our

obligations and your rights as a Passenger with a

disability are provided for in the Code and the Schedule

thereof where applicable.

19.2 SEATING

All the rules of seating in Article 6.4 apply to seating

passengers with a disability. In addition, if you are a

Passenger with a disability which causes you to need a

bulkhead seat, and you request a bulkhead seat, it will

be provided to you if it is not already assigned to another

Passenger with a disability.

19.3 TRAVEL WITH AN ATTENDANT

We may require that you travel with an attendant at your

own cost if it is essential for safety or you are unable to

assist in your own evacuation from the aircraft or you

are unable to understand safety instructions.

19.4 BAGGAGE

There is no charge for transporting any assistive device,

such as a wheelchair or a cane, and such assistive

device will not be counted towards your free Baggage

allowance.

19.5 On flights where medical oxygen is permitted, you will be

charged for the service and supply of medical oxygen

(and you will be required to be accompanied by an

attendant).

19.6 We reserve the right to cease accepting Passengers who

must travel on a stretcher on any flight.

Carriage of you and your Baggage is also provided in

accordance with certain other regulations and

conditions applying to or adopted by us. These

regulations and conditions are important and may vary

from time to time. They may concern:

(a) the carriage of unaccompanied minors;

(b) passengers with a disability;

(d) restrictions on use of electronic devices and

items;

(e) the on board consumption of alcoholic

beverages; or

(f) any other matters relating to the carriage of

you or your Baggage that is regarded by us

or by a regulatory body to be important to

such carriage.

For any enquiries, please contact:

Group Legal Practice

Level 1, Administration Building, Southern Support Zone (SSZ),

Kuala Lumpur International Airport – KLIA,

64000 Sepang, Selangor Darul Ehsan, Malaysia.

ARTICLE 20: OTHER CONDITIONS

ARTICLE 19: PASSENGERS WITH A DISABILITY