Terms and Conditions
This Terms of Use Agreement ("Terms of Use") is between You and SkyAuction.com, Inc.
(d/b/a "SkyAuction.com") and sets forth the terms and conditions governing Your use of
SkyAuction.com's web site currently located at http://www.skyauction.com (this "Site").
These Terms of Use also incorporate by reference any other terms relevant to this Site,
including SkyAuction.com's Privacy Policy.
BY ACCESSING THIS SITE, YOU ACCEPT, WITHOUT LIMITATION OR
QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN TERMS OF USE. If You do not accept
all of the terms and conditions in these Terms of Use, do not use this Site or SkyAuction.com's
services associated with this Site. SkyAuction.com may amend these Terms of Use at any time
by posting the amended terms on this Site and such terms shall be effective for all use
of this Site and any services provided by SkyAuction.com via this Site once they are posted.
SkyAuction.com, in its sole discretion, may also add, delete or change some or all of the
features of this Site or SkyAuction.com's services at any time.
The Content on this Site
You acknowledge that this Site may include information, communications, software,
photos, text, video, graphics, button icons, logos, music, sounds, images and other
material and services (collectively, "Content") which are generally provided by
SkyAuction.com or by licensors or suppliers of SkyAuction.com, including other users of
this Site. You agree and acknowledge that, notwithstanding that SkyAuction.com provides
You with access to the Content, the Content is protected by patent rights, copyrights,
trademarks, trade secrets and other intellectual property and proprietary rights
(collectively, "Rights"). In addition to SkyAuction.com's and its licensors' and suppliers'
Rights in individual elements of the Content, SkyAuction.com owns a copyright in the selection,
coordination, arrangement and enhancement of the Content.
SkyAuction.com authorizes You to download and print documents and portions of documents published
by SkyAuction.com on this Site solely for Your own internal purposes. Any other copying,
modification, reproduction, performance, display, redistribution, retransmission, publication
or incorporation into any other web site or other work of any downloaded material is strictly
prohibited without the express written consent of SkyAuction.com. Mirroring this Site and framing
this Site are also strictly prohibited without the express written consent of SkyAuction.com.
You may not use any "robot," "spider," or other automatic device, or a program, algorithm or
methodology having similar processes or functionality, or any manual process, to monitor or copy
any of the web pages, data or Content found on this Site, in any case, without the prior written
permission of SkyAuction.com. You agree that You will not use any device, software or routine to
interfere or attempt to interfere with the proper working of this Site.
Registration with SkyAuction.com
To place bids on this Site, purchase
products on this Site, or use certain other functionality of the Site, You must complete
our online registration form, thereby providing us with certain information, including,
but not limited to, the identification code to be used by You when You access this Site
(Your ID), Your email address and Your credit card information to be
used for any purchases or the Administrative Fees.
In addition, to post Your Information on this Site, You must provide us with additional
information, including, without limitation, a password (Password). You are
responsible for, and bear the risk of, use of ID(s) and Password(s) assigned to You, whether
or not such use is authorized by You, and SkyAuction.com shall have no responsibility for
controlling or monitoring the use of user IDs and Passwords and no liability for any use
(authorized or unauthorized) of IDs and Passwords.
Accordingly, in order to prevent the unauthorized use of IDs and Passwords, You agree that
You will take such actions as are necessary to maintain the confidentiality of Your Password.
In connection with the operation and use of this Site and our services, You hereby authorize
SkyAuction.com and any party claiming through SkyAuction.com, including other users, to rely upon any
information and/or instructions set forth in any posting using the ID and Password assigned to
You without making further investigation or inquiry and regardless of the actual identity of
the individual transmitting the same.
Bidding
WHEN YOU BID AND WIN AN AUCTION, YOU ENTER INTO A LEGAL CONTRACT WITH SKYAUCTION.COM TO
PURCHASE THE TRAVEL OR ITEMS SUBJECT TO SUCH AUCTION. This contract is subject to the terms and
conditions in these Terms of Use.
All items are offered subject to availability in specific, contracted classes of service.
Once reservations are confirmed or certificates are provided they are NON-REFUNDABLE AND NON-CHANGEABLE.
Reservations cannot be changed or endorsed in any way after issuance. After departure,
all issues pertaining to routing and carriage are at the sole discretion of the service
provider involved.
SkyAuction.com reserves the right to set minimum bids and to withdraw any item from
auction at any time, for any reason. Bids must be raised by the posted bidding increments.
SkyAuction.com reserves the right to postpone, delay, interrupt, or cancel any auction for
any reason, at any time.
Bidders must be of at least legal age of their state of residence. Persons who are
"minors" must use an agent such as a parent or legal guardian who is of at least legal
age for the purpose of bidding.
Payment Terms
SkyAuction.com does not require a deposit, but does require payment in full upon billing.
Any person who bids, wins, and does not send payment in a reasonable period of time, will lose
the ability to purchase won items. Winning bidders that fail to claim their trips within 72 hours
of the conclusion of the auction may also be subject to the Administrative Fee described below.
IF YOU ARE THE WINNING BIDDER IN AN AUCTION AND FAIL TO CLAIM YOUR TRIP WITHIN 72 HOURS OF
THE CONCLUSION OF THE AUCTION, DESPITE THE DELIVERY OF REMINDER EMAILS TO THE ADDRESS IN YOUR
USER PROFILE, SKYAUCTION.COM RESERVES THE RIGHT TO CHARGE YOU A $95 ADMINISTRATIVE FEE FOR EACH TRIP
YOU FAIL TO CLAIM (ADMINISTRATIVE FEE). This Administrative Fee, and any other payments
You must make hereunder, will be charged to the credit card listed in Your user profile.
You may update Your credit card information (and other of Your Information) by clicking
here.
All charges will be placed against the credit card of record provided in Your account
under Payment Information or as specified in the specific order. Requests to split payment between credit cards can be submitted,
however, no guarantee can be made that SkyAuction.com will be able to honor such requests
and you agree that SkyAuction.com will not be held responsible for any losses arising
from failure to do so.
Additionally, SkyAuction.com is a US based company and all transactions are in US Dollars
which are converted to other currencies at the prevailing rates of exchange. By
registering, you agree that you will not hold SkyAuction.com responsible
for any costs arising from currency rate differentials or fluctuations in exchange
rates and that any costs arising from such foreign currency transactions, whether
payments or refunds, will be borne solely by the member.
Unless otherwise specified, all travel purchases shall be charged a minimum of a $20 processing fee.
Your Information
"Your Information includes any information You provide to us or other users
or that we derive or gain as a result of the registration process or otherwise in connection
with Your use of this Site. We welcome Your posting of Your Information; however, we do not
want and cannot accept any ideas, materials or suggestions You consider to be confidential or
proprietary.
Subject to this Terms of Use and the terms of
SkyAuction.com's Privacy Policy, by posting Your Information on
or through this Site, You automatically grant SkyAuction.com a worldwide, royalty-free, perpetual,
irrevocable, nonexclusive license to use, reproduce, modify, transmit, translate,
distribute, perform and display Your Information alone or as part of other works in any
form, media or technology whether now known or hereafter developed, and to sublicense such
rights to others.
You are solely responsible for Your Information. However, we may take any action we
deem necessary or appropriate in our sole discretion if we believe Your Information
creates a risk of liability to SkyAuction.com.
Privacy Policy
SkyAuction.com will only use and disclose Your Information in accordance with these Terms of Use and
our most current Privacy Policy which is available on this Site. You represent that You have read
the terms of such Privacy Policy, and agree that such terms are reasonable.
Links
Our Site contains links to other web sites on the Internet that are owned and operated by
third parties. SkyAuction.com provides these links solely as a convenience. The appearance of
a link does not imply our endorsement of, nor are we responsible for the content of, any
linked web site. You access linked web sites at Your own risk.
No Warranty
SKYAUCTION.COM PROVIDES THIS SITE AND ITS CONTENT "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION,
EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SKYAUCTION.COM SPECIFICALLY
DISCLAIMS THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. SkyAuction.com does not guarantee continuous, uninterrupted or secure access to its services,
and operation of this Site may be interfered with by numerous factors outside of its control,
including but not limited to telecommunications network disruptions. Further, SkyAuction.com does
not guarantee the accuracy, timeliness or completeness of any information on this Site or the
results of Your use of this Site. The Internet is not a secure method of transmission, and
SkyAuction.com cannot guarantee that data en route to or from this Site are secure from unauthorized,
unknown or unforeseeable security breaches. Neither SkyAuction.com nor any of its third party providers
or distributors warrant that this Site, its servers or any email sent from SkyAuction.com are free of
viruses or other harmful components.
Limitation of Liability
IN NO EVENT SHALL SKYAUCTION.COM OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN
CONNECTION WITH (I) THESE TERMS OF USE, (II) ANY USE OF THE SITE OR THE CONTENT FOUND HEREIN,
(III) ANY FAILURE OR DELAY (INCLUDING BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY
COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (IV) THE PERFORMANCE OR NON-PERFORMANCE
BY SKYAUCTION.COM OR ANY THIRD PARTY DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. SOME JURISDICTIONS MAY NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL
ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW. SKYAUCTION.COM ASSUMES NO RESPONSIBILITY,
AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR
OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING
OF ANY CONTENT, MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SKYAUCTION.COM'S AGGREGATE LIABILITY,
AND THE AGGREGATE LIABILITY OF ITS LICENSORS AND SUPPLIERS, TO YOU OR ANY THIRD PARTY IN ANY
CIRCUMSTANCE IS LIMITED TO $100.
Termination
These Terms of Use will remain in full force and effect until terminated by either You or SkyAuction.com.
If You are dissatisfied with the terms and conditions set forth herein, Your sole remedy is to discontinue
Your use of this Site. SkyAuction.com may terminate these Terms of Use or suspend Your access to all or part
of this Site without notice, for any conduct that SkyAuction.com, in its sole discretion, believes is disruptive
to this Site, is in violation of any applicable law or violates these Terms of Use.
General Compliance with Laws
You shall comply with all applicable laws, statutes, ordinances and regulations regarding
Your use of this Site.
Notices
Except as explicitly stated otherwise herein, any notices under these Terms of Use shall be given to
the address indicated below or by email to SkyAuction.com's customer support email address
(in the case of SkyAuction.com) and to the email address You provide to SkyAuction.com during the registration process,
or such other address as You may specify from time to time by updating Your user profile (in Your case)
by clicking here. Notice shall be deemed given six hours after email is sent, or earlier if actually
received earlier by the recipient, unless the sending party is notified that the email address is invalid.
Alternatively, we may give You notice by certified mail or first class mail, postage prepaid, to the address
provided to SkyAuction.com during any registration process (or updates thereto).
In such case, notice shall be deemed given three days after the date of mailing.
No Waiver
The failure of SkyAuction.com to exercise or enforce any right or provision of these Terms of
Use will not constitute a waiver of such right or provision.
Applicable Law
This Site is controlled by SkyAuction.com from its offices in New Jersey. The laws applicable
to the interpretation of these Terms of Use shall be the laws of the State of New Jersey, USA and
applicable federal law, without regard to any conflict of law provisions. SkyAuction.com makes no
representation that the Content in this Site is appropriate for access outside of the United States.
Those who choose to access this Site from outside the United States do so on their own initiative and
are responsible for compliance with local laws. You and SkyAuction.com irrevocably agree that venue and
jurisdiction for any disputes arising hereunder lies exclusively in New Jersey, and You
hereby submit to personal jurisdiction in New Jersey and waive any objection to venue,
jurisdiction and forum non conveniens.
Indemnification
You agree to indemnify and hold SkyAuction.com and our subsidiaries, affiliates, officers, directors,
agents and employees harmless from any claim or demand, including reasonable attorneys' fees and costs,
made by any third party due to or arising out of any breach by You of these Terms of Use (including,
without limitation, the documents incorporated by reference), or Your violation of any law or the
rights of any third party.
Savings Clause
If any part of these Terms of Use is found by a court of competent jurisdiction to be
unlawful, invalid or unenforceable, that part will be amended to achieve as nearly as
possible the same economic effect as the original provisions, and the remainder of these
Terms of Use will remain in full force.
Trademarks
SkyAuction.com, Inc., the SkyAuction.com logo, SkyAuction.com and http://www.skyauction.com are trademarks or
service marks of SkyAuction.com.com, Inc. All such trademarks, trade names and service marks are
proprietary to SkyAuction.com and may not be used in connection with any product or service that
is not SkyAuction.com's, in any manner that is likely to cause confusion among customers or in any
manner that disparages or discredits SkyAuction.com, without SkyAuction.com's express written permission.
All other trademarks, product names and company names and logos are the property of their respective
owners. You agree not to change, obscure or delete copyright, trademark or other proprietary
notices from any Content which You download or print.
Copyright © 2024, SkyAuction.com, Inc.. All rights not expressly granted herein are reserved.
Contacting SkyAuction.com
If You have any questions about these Terms of Use, the practices of this Site or Your dealings
with this Site, You can contact:
SkyAuction.com
241 North Ave. West, Suite 202
Westfield, NJ 07090
Click here to contact SkyAuction.com Customer Support.
