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Terms and Conditions

This Terms of Use Agreement ("Terms of Use") is between You and SkyAuction.com, Inc. ("SkyAuction") and sets forth the terms and conditions governing Your use of SkyAuction's web site currently located at www.skyauction.com (this "Site"). These Terms of Use also incorporate by reference any other terms relevant to this Site, including SkyAuction'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's services associated with this Site. SkyAuction 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 via this Site once they are posted. SkyAuction, in its sole discretion, may also add, delete or change some or all of the features of this Site or SkyAuction'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 or by licensors or suppliers of SkyAuction, including other users of this Site. You agree and acknowledge that, notwithstanding that SkyAuction 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's and its licensors' and suppliers' Rights in individual elements of the Content, SkyAuction owns a copyright in the selection, coordination, arrangement and enhancement of the Content. SkyAuction authorizes You to download and print documents and portions of documents published by SkyAuction 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. Mirroring this Site and framing this Site are also strictly prohibited without the express written consent of SkyAuction. 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. 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

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 winning bids You may have or the Administrative Fee described below. 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 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 and any party claiming through SkyAuction, 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 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 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 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 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 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 the auction file under Payment Information. Requests to split payment between credit cards can be submitted, however, no guarantee can be made that SkyAuction will be able to honor such requests and you agree that SkyAuction will not be held responsible for any losses arising from failure to do so.

Additionally, SkyAuction 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 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 auctions and purchases shall be charged a $20 processing fee which will include applicable shipping costs to US addresses on a standard basis. Shipments outside the US are subject to additional charges depending on the destination country and delivery service used. International shipping and handling fees can range from $25 for some Canadian cities to over $50 for standard delivery in Central America and Europe.

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's Privacy Policy, by posting Your Information on or through this Site, You automatically grant SkyAuction 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.

Privacy Policy

SkyAuction 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 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 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 SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. SkyAuction 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 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 cannot guarantee that data en route to or from this Site are secure from unauthorized, unknown or unforeseeable security breaches. Neither SkyAuction nor any of its third party providers or distributors warrant that this Site, its servers or any email sent from SkyAuction are free of viruses or other harmful components.

Limitation of Liability

IN NO EVENT SHALL SKYAUCTION 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 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 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'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. If You are dissatisfied with the terms and conditions set forth herein, Your sole remedy is to discontinue Your use of this Site. SkyAuction may terminate these Terms of Use or suspend Your access to all or part of this Site without notice, for any conduct that SkyAuction, 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's customer support email address (in the case of SkyAuction) and to the email address You provide to SkyAuction 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 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 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 from its offices in New York, NY, USA. The laws applicable to the interpretation of these Terms of Use shall be the laws of the State of New York, USA and applicable federal law, without regard to any conflict of law provisions. SkyAuction 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 irrevocably agree that venue and jurisdiction for any disputes arising hereunder lies exclusively in New York City, New York, and You hereby submit to personal jurisdiction in New York City, New York and waive any objection to venue, jurisdiction and forum non conveniens.

Indemnification

You agree to indemnify and hold SkyAuction 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 logo, SkyAuction and SkyAuction.com are trademarks or service marks of SkyAuction.com, Inc. All such trademarks, trade names and service marks are proprietary to SkyAuction and may not be used in connection with any product or service that is not SkyAuction's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits SkyAuction, without SkyAuction'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 © 1999 - 2017, SkyAuction.com, Inc. All rights not expressly granted herein are reserved.

California Legal Notice

Californians have rights to the following information pursuant to California Civil Code Section 1789.3 and California Business and Professions Code Section 17538. SkyAuction, located at 241 North Ave. West, Westfield, NJ 07090, is the provider of the electronic commercial service on this Site. Currently there are no charges to the consumer imposed by SkyAuction for use of this Site (except those Administrative Fees described in these Terms of Use). SkyAuction reserves the right to begin charging for use of all or any portion of this Site. SkyAuction is registered as a Seller of Travel with the State of California. Our California Seller of Travel number is 97-960729. Registration as a Seller of Travel does not constitute approval by the State of California.

Contacting SkyAuction

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
241 North Ave. West
Westfield, NJ 07090

Click here to contact SkyAuction Customer Support.