Delta Air Lines, Inc. User Agreement
SkyMiles Online Auction

Delta Air Lines, Inc. ("Delta") welcomes you. This User Agreement (the "User Agreement"), the Delta website Terms of Use and Delta's Privacy Policy govern your use of this Site (the "Site") and your participation in any auction on this Site. 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.

Use of the Site is limited to participants age 18 and older, and of majority age in their state of primary residence.

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 email address or computer settings, you may be required to indicate agreement with this User Agreement again as your identifying information has changed. One user per email address is authorized. Delta will handle all personal information in accordance with Delta's Privacy Policy.

By registering for the Site, you agree 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 Delta and its agents may terminate your account if any of the information provided is found to be inaccurate, false, out of date, or incomplete.

Note About Children
Minors are not eligible to use the Site, and we ask that they do not submit any personal information to us.

SkyMiles Online Auction Terms and Conditions

  • To participate in the SkyMiles Online Auction you must be a Delta SkyMiles member and you must have your SkyMiles account number and PIN. To enroll in SkyMiles or to obtain a PIN, please go to delta.com.
  • The SkyMiles Online Auction is for use within the 50 United States and the District of Columbia, by SkyMiles Members with U.S. addresses and credit cards only.
  • The only accepted method of payment for the SkyMiles Online Auction is SkyMiles.
  • Once a bid is submitted, it cannot be withdrawn. You may only bid on items and experiences made available through a SkyMiles Online Auction auction (each an "Auction"), if you have a sufficient number of Skymiles in your account to cover all bids you place. You may not bid on multiple Auctions unless you have a sufficient number of SkyMiles in your account to cover all bids placed. Additional SkyMiles may be purchased at delta.com/buymiles.
  • If a bid is placed during the last five minutes of any Auction, the scheduled closing time thereof shall be automatically extended for an additional five minutes from the time of the last bid. The Auction will close once all bidding activity for such Auction has stopped for a period of five minutes.
  • The winner of each Auction 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 winner or cancel the Auction if unusual circumstances occur.
  • In the event that two individuals each bid an equal number of SkyMiles for the same auction listing, and no other individual has entered a higher bid, the bid submitted first will be considered the winning bid.
  • If you are the winning bidder in an Auction, upon the completion of the Auction the number of SkyMiles equal to the amount of your winning bid will be deducted automatically from your SkyMiles account, and you will receive notification of your winning bid via telephone or email within 48 hours.
  • All purchases made through the SkyMiles Online Auction are final. No refunds will be made.
  • The winning bidder must comply with all terms and conditions applicable to the relevant item or experience.
  • Merchandise may only be shipped within the 50 United States and the District of Columbia.
  • Inclusion of items or experiences in the SkyMiles Online Auction that have been provided by an unaffiliated entity does not imply any endorsement, sponsorship, or affiliation between Delta and such entity.
  • The winning bidder may not resell items purchased through the SkyMiles Online Auction, and may not assign, transfer, re-market, resell or otherwise dispose of, an experience without obtaining Delta's prior written consent.
  • All items and experiences made available through the SkyMiles Online Auction are being sold "AS IS" without warranties of any kind, 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 winning bidder of an auction listing with any firm or agency providing fulfillment of that auction listing.
  • Availability of all items made available through the SkyMiles Online Auction 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 amounts paid by the winning bidder.
  • If the performance of any service or obligation of Delta or any service provider making an item or experience available through the SkyMiles Online Auction, including with respect to any live experience, is prevented, delayed, restricted or interfered with by events or causes beyond their control, Delta or the applicable 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 experience, Delta or the applicable service provider is not obligated to provide or recreate such live experience and Delta reserves the right, at its discretion, to substitute a substantially similar experience or refund amounts paid by the winning bidder.
  • Delta reserves the right to correct any typographical errors including, with respect to the opening bid, and to make changes, corrections or improvements to each Auction, and the description of each item, at any time without notice.
  • Delta reserves the right to disqualify any participant in the SkyMiles Online Auction or any Auction made available pursuant to the SkyMiles Online Auction who tampers with or abuses any aspect of the SkyMiles Online Auction, or who fails to comply with any of these terms and conditions.
  • 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.
Delta may at any time amend, modify or supplement any terms and conditions applicable to the SkyMiles Online Auction or any Auction, and your continued participation will constitute your acceptance of any such amendment, modification, or supplementation.

Bidding Process

If there are any bids placed within the last five (5) minutes of an auction, that auction will stay open for an extra five minutes. The auction will extend for five minutes each time a bid is placed. Once the auction has had no activity for 5 minutes, the winner will be determined. In the event that two individuals each bid an equal number of SkyMiles for the same auction listing, and no other individual has entered a higher bid, the bid submitted first will be considered the winning bid.

In the event that a customer does not have sufficient miles in his/her account at the closing of the auction:
  • The customer will be removed from that specific auction. The customer will be contacted via email or phone and informed that he/she exceeded the mileage balance in his/her account and warned that future occurrences may result in permanent suspension from the online auction and to please be mindful in future auctions.
  • Blatant fraudulent activities will result in immediate and permanent suspension from SkyMiles Online Auction.
    • The auction will then continue in the following manner:
  • If the auction is not extremely time-sensitive, the auction will then open up for another 24 hours and follow normal procedure.
  • In the event that the auction is time-sensitive, Delta will contact the next highest bidder in line and offer the auction for that customer's bid plus the minimum bidding increment. The customer will have approximately one hour to accept. If the customer does not respond or declines the offer, Delta will move to the next bidder in line. The process will continue until a winner is determined.
License

You acknowledge and agree that the relationship between you and Delta is not a confidential, fiduciary, or other special relationship. We 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. 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.

General Release

You hereby release and agree to hold harmless 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 or arising out of (i) your use of the Site, (ii) participating in the SkyMiles Online Auction, (iii) your use or receipt of any item obtained through use of the Site or participation in any Auction, (iv) your participation in an experience, including, but not limited to: (a) personal injury, property damage or other loss or costs sustained or incurred by the winning bidder; (b) technical errors related to computers, servers, providers, or telephone or network lines; or (c) errors in the administration of any auction, (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.

NEITHER DELTA, THE DELTA ENTITIES NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SKYMILES ONLINE AUCTION, 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, THE SKYMILES ONLINE AUCTION, OR ANY AUCTION ITEM OR EXPERIENCE, OR THE INABILITY TO USE THE SITE, PARTICIPATE IN THE SKYMILES ONLINE AUCTION, OR CLAIM ANY AUCTION ITEM OR EXPERIENCE.

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 our services, and operation of the Site may be interfered with by numerous factors outside of our control. 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.

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. 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, but it may choose to do so.

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 join the Site again without our express written permission.

Enforcement & Site Abuse

Delta has absolute discretion to enforce the terms of these documents, 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.

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 Delta's 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/private messages, message board postings or other uploaded Content will be retained by the Site, the maximum number of email/private messages that may be sent from or received by an account on the Site, the maximum size of any email/private 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 log off 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.
  • Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
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 IN ACCORDANCE WITH THE LAWS OF THE STATE OF GEORGIA AND ITS VALIDITY, CONSTRUCTION AND EFFECT SHALL BE GOVERNED BY AND ENFORCED PURSUANT TO THE SUBSTANTIVE 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. You agree that you may not assign this User Agreement without Delta's prior written consent. 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: License, Option to Purchase, General Release, Disclaimer of Warranties and Limitation of Liability, Termination, Enforcement, Governing Law and Venue, Intellectual Property, 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

All SkyMiles program rules apply. To review the rules, see SkyMiles Membership Guide & Program Rules.