SkyMiles Experiences®

This User Agreement (the "User Agreement"), the Delta Air Lines, Inc. ("Delta") website Terms of Use, and Delta's Privacy Policy govern your use of this Site (the "Site") and your participation in SkyMiles Experiences® online auctions (each an "Auction"). The Delta website Terms of Use and Delta's Privacy Policy are incorporated by reference into this User Agreement. By registering as a user or using the Site, you agree to abide by this User Agreement. Delta reserves the right to modify it at any time, effective upon posting. You agree to review this User Agreement periodically to become aware of such modifications. Any violation of the terms of this User Agreement may result in the suspension or termination of your right to access or use the Site. Like any community, the Site is most valuable when everyone follows certain basic guidelines and rules of conduct. This User Agreement details what is expected of you when using the Site.

The Site is an English language forum, and use of the Site is governed by U.S. law, as provided in this User Agreement.

Experiences provided by unaffiliated entities does not constitute or imply any endorsement of, sponsorship with, or affiliation between Delta and any such entity.

All SkyMiles program rules apply. To review the rules, please visit Membership Guide & Program Rules. Violation of this SkyMiles Experiences User Agreement may be deemed a breach of the SkyMiles Program and Program Rules.

General Terms and Conditions

Eligibility

To participate in SkyMiles Experiences auctions, you must be a Delta SkyMiles member who resides in the 50 United States and the District of Columbia. To enroll in the SkyMiles program, visit delta.com/enroll.
Use of the Site is limited to participants age 18 and older, and of majority age in their state of primary residence. Minors are not eligible to use the Site, and we ask that they do not submit any personal information to us.
Individual auction packages may include further age restrictions based on individual event terms – see individual auction listing terms & conditions for any restrictions associated.
Delta may immediately and permanently suspend from all SkyMiles Experiences auctions any bidder who has repeatedly participated in auctions with insufficient miles in his/her account, in Delta’s sole judgment and discretion.
Delta reserves the right to disqualify any participant who tampers with or abuses any aspect of the Site or any auction or who fails to comply with any of these terms and conditions. Fraudulent activity will result in immediate and permanent suspension of participation in all future SkyMiles Experiences auctions.

Registration

You are not obligated to register in order to access the Site. However, registration (by providing a valid name, mailing address, phone number, and email address) and agreement to this User Agreement are required in order to participate in any auction and adjust user settings. If you change your computer settings, you may be required to indicate agreement with this User Agreement again as your identifying information may have changed. One user per SkyMiles account is authorized. By registering for this Site, you allow Delta to send you periodic emails highlighting new auction packages. Delta will handle all personal information in accordance with Delta's Privacy Policy.
By registering for the Site, you warrant and represent that all information provided in your profile is accurate, true, current and complete. Delta and its agents may terminate your account if any of the information provided is found to be inaccurate, false, out of date, or incomplete.

Bidding

The only accepted method of payment for SkyMiles Experiences auctions and Buy It Now listings is miles issued through the Delta SkyMiles program.
Once a bid is submitted, it cannot be withdrawn or lowered. All bids for SkyMiles Experiences packages are final and no mileage refunds will be made.
Delta reserves the right to correct any typographical errors, including the required opening bid, and to make changes, corrections or improvements to each SkyMiles Experiences package, and the description of each item, at any time without notice.
Delta may at any time amend, modify or supplement any terms and conditions applicable to the Site or any auction and Buy It Now listing, and your continued participation will constitute your acceptance of any such amendment, modification, or supplementation.
You may only bid on packages if you have a sufficient number of miles in your SkyMiles account to cover all bids you place for all packages. Additional miles may be purchased through Delta’s Buy Miles program but please note that miles purchased are subject to all rules and restrictions of the Buy Miles program and miles purchased will not be available in your account immediately. Please reference delta.com for complete terms and latest rules and conditions of the Buy Miles program.
If a bid is placed during the last five minutes of any auction, the scheduled closing time thereof will be automatically extended for an additional five minutes from the time of the last bid. This process will repeat as many times as necessary. The auction bidding will close once all activity has stopped for a period of five minutes.
The final bid will be determined by Delta or its designee in their sole discretion based upon the highest bid received prior to the final closing time of such Auction. Delta reserves the right to declare the final bidder or cancel the auction if unusual circumstances occur.
In the event that two individuals each bid an equal number of miles for the same package, and no other individual has entered a higher bid, the bid submitted first will be considered the winning bid.
In the event that no bids have been submitted in an auction at the scheduled time of closing, Delta reserves the right to either cancel the experience or to re-launch the auction with a new close date/time and to adjust the opening bid from the initial auction.
If the performance of any service or obligation of Delta or any service provider of a SkyMiles Experiences package, including any live experience, is prevented, delayed, restricted or interfered with by events or causes beyond their control, Delta or the service provider shall be excused from the performance to the extent of the prevention, delay, restriction, or interference. You agree that if any of these prevent you from participating in a live auction, Delta or the applicable service provider is not obligated to provide or and/or recreate such live experience.
Delta and its affiliates are not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, computer or technical failure, or incorrect or inaccurate bidding information howsoever caused or other error of any kind whether human, mechanical or electronic. All bids are final regardless of technical difficulties posed by any technical error, whether human, mechanical or electronic.

Winning & Fulfillment

If you are the winning bidder for an auction, upon auction close, the number of miles equal to the amount of your winning bid will be deducted automatically from your SkyMiles account. You will receive notification of your successful bid and next steps via email. If you have completed a Buy It Now purchase, the number of miles equal to the Buy It Now purchase price will be deducted automatically from your SkyMiles acount. You will receive notification of your successful redemption and next steps via email.
If you are not the winning bidder for an auction, no miles will be deducted from your SkyMiles account.
The winning bidder or Buy It Now customer must comply with all terms and conditions applicable to the relevant experience.
In the event that a winning bidder is disqualified because he/she did not have sufficient miles in his/her account at the time of auction close or a successful bidder is disqualified from the auction due to fraudulent activity, Delta reserves the right to proceed with any of the following options, in its sole discretion:
1. Contact the winning bidder via email, inform the bidder that he/she exceeded the mileage balance in his/her account, and allow the individual 24 hours to purchase or transfer additional miles to sufficiently cover the winning bid amount. The individual will be advised that future occurrences may result in permanent suspension from SkyMiles Experiences.
2. Contact the next-highest bidder via email and offer the experience for their highest bid or a comparable amount determined solely by Delta, with a deadline to respond. If response deadline is not met, the process will be repeated with the next-highest bidder in line.
3. Contact all non-winning bidders of an auction via email and offer the experience for a pre-determined amount based on first-come, first-serve basis for whoever is first to respond with their acceptance.
4. Re-launch the auction with a new close date/time and to adjust the opening bid from the initial auction.
5. Cancel the experience entirely.
Items that require physical shipment may only be shipped within the 50 United States and the District of Columbia.
The winning bidder or Buy It Now customer may not resell items obtained through SkyMiles Experiences, and may not assign, transfer, re-market, resell or otherwise dispose of, an experience without obtaining Delta's prior written consent.
Winning bidders or Buy It Now customers are eligible to “gift” an auction package to a family member or friend, provided that the winning bidder provides written notice to Delta at the time of auction close. In cases where an auction package is gifted, miles will still be deducted from the winning bidder’s SkyMiles account and cannot be transferred or adjusted.
All items and experiences made available through SkyMiles Experiences Auctions are being sold "AS IS" without warranties of any kind, express, implied or statutory, unless expressly stated in the item description.
Delta reserves the right to share contact information (full name, email address, phone number, and mailing address) of the successful bidder of any SkyMiles Experiences auction with any firm or agency providing fulfillment of that auction listing.
Availability of all items made available through SkyMiles Experiences are subject to change, and if any item becomes unavailable for any reason after the end of the auction, Delta reserves the right, at its discretion, to substitute a substantially similar item or refund either whole or partial mileage amount submitted by the successful bidder.

Relationship

You acknowledge and agree that the relationship between you and Delta is not a confidential, fiduciary, or other special relationship. You and Delta are independent contractors, and no agency, partnership, employer-employee or franchiser-franchisee relationship is intended or created by this User Agreement.

General Release

To the maximum extent permitted by law, you hereby release and agree to hold harmless and indemnify Delta, its subsidiaries, affiliated entities, employees, directors, officers, attorneys, agents, joint venturers, licensees and assigns and each of their respective designees ("Delta Entities") with respect to any claims, damages, costs, losses and expenses, including reasonable attorneys' fees, due to, caused by, or arising out of (i) your use of the Site, (ii) your participation in any Auction, (iii) your use or receipt of any item obtained through use of the Site or participation in any Auction, (iv) your participation in any auctioned experience, including, but not limited to personal injury, property damage or other loss or costs sustained or incurred by the winning bidder, (v) your violation of this User Agreement or Delta's website Terms of Use, and (vi) your violation of any law or the rights of a third party.

Delta's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

Disclaimer of Warranties and Limitation of Liability

Delta does not warrant or guarantee the accuracy, reliability, completeness, usefulness, non-infringement of intellectual property rights, or quality of any content on the Site regardless of who originates that content. Delta cannot and does not guarantee continuous or secure access to its services, and operation of the Site may be interfered with by numerous factors outside of its control, including but not limited to technical errors related to computers, servers, access providers, or telephone or network lines. You expressly understand and agree that you bear all risks associated with using or relying on that content, and you are responsible for all of your activity on the Site and for the security of your computer system. THE DELTA ENTITIES WILL NOT BE LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE SITE INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL, REPUTATION, OR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT. This disclaimer and limitation on liability is in addition to the disclaimers and limitations contained in the Website Terms of Use that apply to all of Delta's websites.

NEITHER DELTA, THE DELTA ENTITIES NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING SKYMILES EXPERIENCES, OR ANY ITEM, EXPERIENCE OR SERVICE RELATED THERETO, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE SITE, PARTICIPATION IN ANY AUCTION, USE OF OR PARTICIPATION IN ANY AUCTION ITEM OR EXPERIENCE, OR THE INABILITY TO USE THE SITE, PARTICIPATE IN AN AUCTION, OR CLAIM ANY AUCTION ITEM OR EXPERIENCE.

Termination

Delta has the right to terminate, suspend or cancel your registration and/or ability to use the Site at any time, in Delta's sole discretion, and in addition to any other remedies Delta may pursue against you. If you violate this User Agreement, we may issue you a warning about the violation, or we may choose to immediately terminate, suspend or cancel your registration and/or ability to use the Site. You acknowledge that Delta is not required to provide you notice before terminating, suspending, or cancelling your registration and/or ability to use the Site.

You understand and agree that the cancellation of your registration is your sole right and remedy with respect to any dispute with Delta arising out or relating to the Site. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this User Agreement or Delta's enforcement or application of this User Agreement or (2) your ability to access and/or use the Site.

You can cancel your registration by delivering notice to the moderator of the Site.

This User Agreement shall continue to govern all use of the Site prior to and following any termination, suspension, or cancellation of your registration and/or ability to use the Site.

Registered users of the Site may not allow former users whose registration or ability to use the Site has been terminated, suspended, or cancelled to use the Site through them.

If your registration and/or ability to use the Site is terminated or suspended, you may not participate in the Site again without our express written permission.

Enforcement and Site Abuse

Delta has absolute discretion to enforce the terms of this User Agreement, including, but not limited to, warning users of violations, disabling or suspending access to the Site, deleting, screening or editing any content, or prohibiting any behavior that does not comply with this User Agreement, or which is otherwise inappropriate for the Site. Deliberate attempts by users or someone on their behalf to evade or circumvent their suspension or termination of rights to use the Site violates this User Agreement, constitutes an unlawful trespass to Delta's equipment and systems, and may result in legal action.

User Information

Delta shall have the right, but not the obligation, to use your name, likeness, biography and other information about you in connection with any use of the Site. Delta also may release information concerning your use of the Site (including posted content, private messaging, registration information, and network records) when Delta believes release is appropriate to comply with the law; to enforce or apply Delta's website Terms of Use and this User Agreement; to protect Delta's rights or property, or to protect Site users from fraudulent, abusive, or unlawful use of the Site; or if Delta reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records. To the extent Delta's Privacy Policy is inconsistent with the provisions of this paragraph, the terms of this User Agreement supersede the Privacy Policy.

Your Account

If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur on the Site under your account.

General Practices Regarding Use & Storage

You acknowledge that Delta may establish general practices and limits concerning use of the Site, including without limitation the maximum number of days that email or other uploaded content will be retained by the Site, the maximum number of email messages that may be sent from or received by an account on the Site, the maximum size of any email message that may be sent from or received by an account on the Site, the maximum disk space that will be allotted on Delta's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. You agree that Delta has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Site. You acknowledge that Delta reserves the right to delete accounts that are inactive. You further acknowledge that Delta reserves the right to modify these general practices and limits from time to time.

Access and Interference

The Site contains robot exclusion headers. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to Delta by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.

Additionally, you agree that you will not, by or through your use of the Site:

Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.
Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.
Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Take any action that may undermine the feedback or ratings systems (such as displaying, importing, or exporting feedback information off of the Site or using it for purposes unrelated to the Site).
Transfer your Site account (including feedback) and username to another party without our consent.
Harvest or otherwise collect information about users, including email addresses, without their consent.
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site.

Use of Site by Employees of Delta & Subsidiaries

Use of the Site by employees of Delta and its subsidiaries is subject to all Delta and subsidiary policies and standards, in addition to this User Agreement.

Governing Law and Venue

THIS AGREEMENT SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF GEORGIA, EXCLUDING ITS PRINCIPALS OF CHOICE OF LAWS. THE PARTIES AGREE THAT ALL LEGAL PROCEEDINGS IN CONNECTION WITH THE ENFORCEMENT, CONSTRUCTION, INTERPRETATION, BREACH OR VIOLATION OF THIS AGREEMENT SHALL BE SUBMITTED TO THE STATE OR FEDERAL COURTS IN ATLANTA, FULTON COUNTY, GEORGIA AND THAT JURISDICTION AND VENUE ARE PROPER IN SUCH COURTS.

Miscellaneous

If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. Delta's failure to act with respect to a breach by you or others does not waive Delta's right to act with respect to subsequent or similar breaches. Delta does not guarantee it will take action against all breaches of this User Agreement. This User Agreement sets forth the entire understanding and agreement between you and Delta with respect to its subject matter. The following Sections survive any termination of this Agreement or your registration: Relationship, , General Release, Disclaimer of Warranties and Limitation of Liability, Termination, Enforcement and Abuse, User Information, Governing Law and Venue, and Miscellaneous.

Delta Website Terms of Use: http://www.delta.com/legal/terms_of_use/index.jsp

Delta's Privacy Policy: http://www.delta.com/privacy_security/index.jsp