Effective as of 21 November, 2013
Please read these terms and conditions of use carefully before using or obtaining any materials, information, products or services through this website or mobile app. By accessing, using or obtaining any content, data, materials, information, products or services through our website, our mobile app or any other platform (collectively "Our Website"), which includes the KAYAK My Trips Service (the "My Trips Service") you agree to be bound by these terms and conditions ("Terms"). If you do not accept all of these Terms, then please do not use Our Website.
We may modify these Terms, at any time, by posting a new version on Our website; these changes do not affect rights and obligations that arose prior to such changes.Your continued use of Our Website, including any use of the My Trips Service, following the posting of modified Terms will be subject to the Terms in effect at the time of your use. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with Our Website, including any use of the My Trips Service, in any way, your only recourse is to immediately terminate use of Our Website.
We recommend you save and/or print out a copy of these Terms for your future reference.
1. What do these Terms mean?
2. Us and you
By agreeing to these Terms you are entering into a legally binding agreement with Europe LLC. In these Terms, "we", "us", "our" or "KAYAK" refers to KAYAK Europe LLC, and "you" or "your" refers to you as the user of Our Website.
If you would like to get in touch with us, you can do so via our "Contact Us" webpage.
3. This stuff is ours and we're proud of it
We and our affiliates, along with our travel partners (the "Other Guys"), own Our Website and all of the text, images, software, trademarks, service marks or other material contained on Our Website (the "Good Stuff"). You will not copy or transmit any of the Good Stuff, except for your personal, non-commercial use on your computer. All copyright, trademark and other proprietary rights notices included in the Good Stuff as presented at Our Website must appear on all copies you print or otherwise create. "KAYAK", "Kayak.com", and "Search One And Done" are registered trademarks of KAYAK Software Corporation.
Other product, service, or company designations on Our Website belong to the Other Guys and may be mentioned in Our Website for identification purposes only. You should contact the appropriate Other Guys for more complete information regarding such designations and their registration status. Your use of and access to Our Website do not grant you any license or right to use any of the marks included on Our Website.
4. How to use us
Our Website is intended for personal, non-commercial use. You may only use, and register to become a member of, Our Website or use the My Trips Service, if you are at least 18 years old. If you join us and become a member, you are responsible for maintaining the secrecy of your passwords, login and account information (your "Personal Stuff"). You will be responsible for all use of Our Website and the My Trips Service by you, anyone using your Personal Stuff (with or without your permission) and anyone whom you allow to access your travel itineraries. All Personal Stuff that you provide to us must be accurate and up-to-date. If any of your Personal Stuff changes, you must immediately update it. If you have reason to believe that your account is no longer secure (e.g., loss, theft or unauthorised disclosure or use of your Personal Stuff or computer or mobile device used to access the My Trips Service), you must promptly change your Personal Stuff that is affected and notify us via the "Contact Us" page.
If you decide to receive messages or other communications from Our Website directly to your mobile device, you are solely responsible for keeping us updated with your current phone number respectively updating to the latest version of our mobile app. We will not be liable for information sent to a device that is associated with your outdated mobile phone number or using an outdated mobile app. If you install any software or enable any service that stores information from Our Website on any mobile device or computer, it is your responsibility, prior to transfer of such device, to remove your information or otherwise disable access to such software or service, in order to prevent unauthorised access to your information or account.
You may only use Our Website to search for legitimate travel deals and you may not use Our Website to make any false, fraudulent or speculative reservation or any reservation in anticipation of demand. You agree not to:
(i) use Our Website or the My Trips Service for any purpose that is improper, unlawful, illegal, including for the posting or transmitting of any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially, ethnically or otherwise illegal and / or objectionable material of any kind;
(ii) use Our Website or the My Trips Service for any public or commercial purpose;
(iii) disassemble, reverse engineer or otherwise decompile any software, applications, updates or hardware available through Our Website or the My Trips Service, except that you may decompile any such software, applications or updates only to the extent permitted by law where this is indispensable to obtain the information necessary to achieve the interoperability of an independently created program with such software, applications or updates or with another program and such information is not readily available from us or elsewhere; or
(iv) access the Good Stuff with any manual or automated process for any purpose other than your personal use or for inclusion of KAYAK pages in a search index;
(vi) violate the restrictions in any robot exclusion headers on Our Website or bypass or circumvent other measures employed to prevent or limit access to Our Website;
(vii) deep-link to any portion of Our Website (including, without limitation, the purchase path for any travel services) for any purpose;
(vii) use any device, software or routine that interferes or attempts to interfere with the normal operation of Our Website or the My Trips Service or take any action that imposes an unreasonable load on our computer or network equipment; or
(ix) reproduce, duplicate, copy, sell, trade, resell or exploit Our Website or the My Trips Service.
We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to all or any component of Our Website or the My Trips Service. Furthermore, you can always delete your account here.
5. What happens to the information and ideas you share with us
If you use the My Trips Service (even if you don't otherwise use the rest of Our Website), you are solely responsible for the travel information, photos, reviews and other content that you upload, transmit or share with us or others on or through the My Trips Service (collectively the "My Trips Stuff"), and agree not to transmit or share My Trips Stuff you do not have permission to share. It is your job to create backup copies and replace any My Trips Stuff you provide to us at your expense.
When you provide us with My Trips Stuff, you authorise us to make copies as we deem necessary in order to facilitate the storage and assimilation of the My Trips Stuff on the My Trips Service. By providing My Trips Stuff, you give us, and you represent and warrant that you have the right to give us, an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to freely sublicense) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part) and distribute that My Trips Stuff for any purpose, commercial, advertising, or otherwise, on or in connection with the My Trips Service or the promotion thereof, and to prepare derivative works of, or incorporate into other works, that My Trips Stuff. For example, we may aggregate and use information from travel itineraries transmitted or otherwise submitted by you and other users to improve our ability to provide the My Trips Service.
Subject to the rights granted to us in these Terms, you own all of your My Trips Stuff and any intellectual property rights associated with your My Trips Stuff. You may remove your My Trips Stuff from the My Trips Service at any time, but the license you have granted to us will remain in effect. We have the right to remove or delete any My Trips Stuff you send us.
We will not be responsible, or liable to any third party, for My Trips Stuff you send us.
If you provide us with feedback, suggestions, testimonials, comments, ideas, ratings, reviews, bug reports or any similar or related information ("Feedback"), you agree that: (a) we own the Feedback and any intellectual property rights associated with the Feedback (and, to the extent that we do not automatically own such Feedback and any intellectual property rights associated with such Feedback, you hereby assign them both to us); (b) we can use and share the Feedback without your consent; (c) we do not have to pay you for the Feedback; and (d) we may already be contemplating the same or similar ideas as your Feedback. If you do not agree with these terms regarding Feedback, or want to maintain ownership of any intellectual property contained in any specific Feedback, your sole option and recourse is to not submit Feedback to us.
6. Our Website changes regularly
We aim to update Our Website regularly, and may change the content at any time. If the need arises, we may suspend access to Our Website, or close it indefinitely. Any of the material on Our Website may be out of date at any given time, and we are under no obligation to update such material.
7. Your stuff
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on Our Website or otherwise through the My Trips Service any materials that violate another person's intellectual property rights. If you believe that any of the material on Our Website infringes upon any copyright intellectual property rights you own or control, you may send a written notification of such infringement to us at:
KAYAK Europe LLC
Attn: Legal Department
9. Warranty disclaimer
Our Website, all content and services provided on Our Website and all itineraries you obtain through the My Trips Service are provided on an "as is" and "as available" basis. Our content is largely generated in an automated fashion; errors can and do happen. We usually have many search results, but we are not comprehensive and do not display all available providers and offers. KAYAK expressly disclaims all warranties, conditions and guarantees of any kind, whether express or implied, including, but not limited to, the implied warranties of title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance. To the extent permitted by law, KAYAK makes no warranty, and expressly disclaims any obligation, that: (a) Our Website will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basis; (b) the content will be up-to-date, complete, comprehensive, accurate or applicable to your circumstances; (c) the results that may be obtained from the use of Our Website or any services offered through Our Website, including any itineraries obtained through the My Trips Service, will be accurate or reliable; or (d) the quality of any products, services, information, or other material obtained by you through Our Website will meet your expectations.
10. Limitation of liability
We (together with our officers, directors, employees, representatives, affiliates, providers and third parties connected with us), to the extent permitted by law, hereby expressly exclude and are not liable for: (a) any loss or damages to, or viruses that may infect, your computer equipment, computer programs, data or other proprietary material as the result of your access to Our Website, your downloading of any content from Our Website or your use of the My Trips Service; or (b) any act of god, accident, delay, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort (including negligence), strict liability or otherwise, that arise out of or is in any way connected with: (i) any use of Our Website, the My Trips Service or our content; (ii) any failure or delay (including without limitation the use of or inability to use any component of Our Website for reservations or ticketing); or (iii) the performance or non performance by us or any provider, even if we have been advised of the possibility of damages to such parties or any other party.
To the extent permitted by law, our aggregate liability for any and all loss or damage suffered by you as the result of your access to our Website, your downloading of any content from Our Website and/or your use of the My Trips Service, which is not covered by the above paragraph, is limited to £50.
Nothing in these Terms excludes or limits:
(i) either party's liability for death or personal injury caused by its negligence or fraud; or
(ii) your rights as a consumer.
11. Protecting Us
Subject to these Terms you will be responsible to us and the Other Guys, and each of our officers, directors, employees and agents, for any expenses, losses or other costs, including without limitation reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms or the agreements made part of these Terms by reference, your use of or access to Our Website, the My Trips Service or the Good Stuff.
12. Travel Products
KAYAK does not own or control the providers of any of the travel products that you can access through Our Website. Whether it's an airline or a hotel or anything else the travel product is owned or controlled or made available by a third party. It's the Other Guys who are responsible for the travel products. If you make a booking here for accommodation, that booking is made with the travel product provider and through a booking agent who is acting as the agent of the travel product provider. Accordingly KAYAK has no responsibility for the booking or the travel product because it has no involvement in creating the description of the products and services such as facilities of an accommodation (this comes from the travel product provider) and has no involvement in providing the services and/or travel products that you book (again they come from the travel product provider).
Since KAYAK has no control over the travel products, it’s not possible for us to guarantee the prices displayed on Our Website. Prices get changed constantly and you should always check whether the price asked for a booking is the one you expected. More details here. Some travel products may also be sold in another currency than the one preset or chosen by you for the display of the search results. Our currency conversion is for information purposes only and should not be relied upon as accurate and real time; actual rates may vary and your payment provider (e.g. your credit card company) may charge conversion fees and apply another date’s currency rate.
13. The Other Guys
Our display on or through Our Website of travel product options offered by third parties does not in any way imply, suggest, or constitute any sponsorship or approval of KAYAK by any such Other Guys or any affiliation between any such Other Guys and KAYAK. KAYAK's display of specific options does not suggest a recommendation by KAYAK of the Other Guys or their travel options. You agree that KAYAK is in no way responsible for the accuracy, timeliness or completeness of information it may obtain from these Other Guys. When you book travel products with Other Guys through our website, the Other Guys are responsible for the booking and/or travel products and all liability associated therewith, and not us.Your interaction with any Other Guys accessed through Our Website is at your own risk, and KAYAK will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such Other Guys or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the Other Guys.
You agree to abide by the terms or conditions of purchase imposed by any Other Guys with whom you elect to deal. The circumvention of an air carrier's rules, including practices such as back-to-back ticketing (purchasing two or more tickets with overlapping travel dates in order to circumvent minimum stay requirements) and hidden-city ticketing (purchasing tickets including segments which the purchaser does not intend to use in order to circumvent an air carrier's pricing structure), is prohibited by many air carriers. The use of prohibited ticketing practices may result in the air carrier taking actions including the cancellation of the ticket, denied boarding, revocation of frequent flyer miles and other benefits, additional charges to the purchaser's credit card, additional charges collected at the airport, or future invoicing. You are responsible for ensuring that your purchases abide by the terms or conditions of purchase imposed by any Other Guys with whom you elect to deal, including terms or condition of purchase set forth in an air carrier's fare rules or contract of carriage.
We may terminate an agreement with you under these Terms at any time by notifying you in writing and/or, if you are a member, by cancelling your membership and your access to your account.
15. Hacker Fares
In the case of a Hacker Fare, Our Website looks for better return-trip deals by combining tickets issued by different airlines for each direction of travel. Because two tickets will be issued, different rules and policies (for example, for baggage fees, change fees, and refunds) may apply in each direction. Any changes made to one of your tickets will not affect the other ticket (for example, if your initial flight is cancelled by either you or the airline, the other airline with which you booked your return flight is not obligated to issue a refund or change your itinerary). You are responsible for complying with each airline's terms and conditions, which may differ (for example, check-in times and limits on baggage size/weight). Please carefully review the terms and conditions of each airline’s contract of carriage before booking, and ensure that you complete the booking requirements for both tickets. Because fares change frequently, please check that both of the listed fares are still available before proceeding with your bookings. If you are travelling internationally, you may need to provide proof that you have a return flight at check in and at immigration. You may want to print both of your e-ticket confirmations before starting travel.
16. Everything else but the kitchen sink
Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.
You may not assign, delegate or transfer your rights or obligations under these Terms without our consent but we will not unreasonably withhold such consent. We may assign our rights and duties under these Terms providing that your rights under these Terms are not prejudiced.
Other terms and conditions may apply to your reservations, bookings and purchases of travel services through Our Website, the Other Guys' websites, and to your use of other portions of Our Website, including the My Trips Service. You will observe these other terms and conditions.
If we fail to act with respect to your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches.
If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable.
These Terms, together with those agreements made a part of these Terms by reference, make up the entire agreement between us relating to your use of Our Website, including the My Trips Service, and replace any prior understandings or agreements (whether oral or written) regarding your use of Our Website.
To the extent permitted by law, these Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) as well as your and our observance of them, shall be governed and construed by the laws of Switzlerland. If you take any legal action relating to your use of Our Website, including the My Trips Service, or these Terms, you agree to do so in the courts of Zurich, Switzlerland; if you are a consumer the law may allow you to bring proceedings in the courts for the place where you are domiciled. In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorney fees.
17. We want to hear from you
We encourage you to share your comments and questions with us, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas) and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future KAYAK programs. Also, please remember that you are responsible for whatever material you submit, including its reliability, originality, and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials submitted to us become the exclusive property of KAYAK.
This Website operated by:
KAYAK Europe LLC
KAYAK Europe LLC is a limited liability company incorporated under the laws of Switzerland and registered with the Commercial Register of Zurich, Switzerland, with company identification number CHE-353.781.308 HR". Our Swiss VAT identification number is CHE-353.781.308 MWST.
You can obtain a written copy of these terms and conditions from KAYAK Europe LLC.
These Terms were last updated on: 21 November 2013