Terms of Use

1. The basics.

These Terms are like your GPS, they tell you where you can and cannot go. Ignoring them tends to end badly. In other words, these Terms are a binding agreement between you and us, KAYAK Software Corporation, a Delaware corporation, and its subsidiaries ("KAYAK", "us", "we"). When we say "you," "your," or "user," we mean you. If you're accessing our Site on behalf of a legal entity (like your employer), you agree that you have the authority to bind that entity to these Terms, and "you" and "your" will refer to that entity.

By using our Site, you agree to our Terms just like you agree to follow the route and turn right after the stop sign.

Like a GPS that occasionally reroutes you, we may update our Terms from time to time. You agree to our updated Terms by continuing to use our Site. You also agree to our Privacy Policy.

2. Who we are.

KAYAK was created for travelers, by travelers, born from a simple belief: travel makes the world better. We pioneered the concept of travel metasearch with every traveler in mind. Because no matter your budget, preferences, or favorite providers, you should be able to compare all your options in one place. And know you're getting your trip right.

KAYAK does not provide, own, or control any of the travel services and products that you can access through our Site, such as flights, accommodations, rental cars, packages, or travel insurance (the "Travel Products"). The Travel Products are owned, controlled, or made available by third parties (the "Travel Providers") either directly (e.g., airline) or as an agent (e.g., online travel agency). Travel Providers (not KAYAK) are responsible for Travel Products.

3. How we work.

A simple search on KAYAK scans for prices on hundreds of travel sites in seconds. Whether you're looking for flights, hotels, rental cars, or more, we gather deals from across the web and put them in one place. Compare your options for the same flight, hotel, or rental car and choose where you book.

KAYAK is free to use for travelers.

Travel Providers may pay us a fee when you click through or complete a booking and that is how we keep the lights on. We work hard to be objective and to show you the options that we think are most relevant to your search.

Because you book directly with the Travel Provider:

• The Travel Provider sets the price and any fees, taxes, or surcharges.
• The Travel Provider is responsible for confirming, modifying, canceling, or refunding your reservation.
• KAYAK is not a party to the contract between you and the Travel Provider, and we cannot process refunds, changes, or cancellations on their behalf.
• The booking, payment, ticket, reservation, and any related customer service are handled by the Travel Provider, not by KAYAK.
• The Travel Provider's own terms and privacy policies apply to your booking. Please read them carefully before you confirm anything.

The fact that a Travel Provider or Travel Product appears on our Site does not mean that KAYAK recommends, sponsors, approves, affiliates with, or verifies that Travel Provider or Travel Product.

We offer our Site "as-is". We do our best to show accurate and current information, but prices, availability, and details can change quickly. We cannot guarantee that every result is perfectly up to date the moment you see it.

Just like a teenager's mood, the prices we display may change on a whim, and additional feelings (or charges, or currency conversion) may apply. To learn more, see how pricing works.

You may come across a "Hacker Fare" while using KAYAK. With a Hacker Fare, KAYAK plays airfare matchmaker by finding two one-way tickets that together make a cheaper round-trip flight. Sometimes you'll fly out with one airline and home with another. Other times, it's the same airline, but they have you in the system as two one-way flights. Either way, you'll get there and back, usually paying less than you would for a regular round-trip flight. Each segment of the journey is booked separately and may have different rules and policies (for example, for baggage fees, change fees, and refunds). Any changes made to one of your bookings will not affect the other booking (for example, if your initial flight is canceled 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). If you are traveling internationally, you may need to provide proof that you have a return flight at check-in and at immigration.

Learn more about how we work.

4. Play nice on the playground.

We want this to be a safe place. Please use our Site for what it's designed for: searching, comparing and planning travel. To keep things running, you agree not to:

• Scrape, harvest, deep-link to, train AI on, or otherwise use automated tools on our Site without our written permission.
• Bypass any security feature, access restriction, or robot exclusion header.
• Introduce malware, viruses, or denial-of-service attacks, or try to gain unauthorized access to our systems.
• Reproduce or commercially exploit our Site without our written permission.
• Use our Site to develop competing products.
• Reverse-engineer, decompile, or disassemble our software, except where applicable law expressly permits.
• Make any false, fraudulent, or speculative reservation, or any reservation in anticipation of demand.
• Use our Site for any unlawful purpose, or encourage anyone else to do so.
• Do anything else that disrupts our Site, restricts other travelers' access to our Site or exposes KAYAK, our users, or our affiliates to liability or reputational harm.

If you break these rules, we may suspend or end your access at any time.

5. Your account.

Create a KAYAK account and access member-only discounts and easy booking with saved details by inputting your email on the login page. We'll guide you from there. Learn more about accounts in our help center. You must be over 18 years old to create an account or use booking features. You are responsible for your account and any account activity. You can delete your account in your account settings.

6. Content on our Site.

6.1 Our content

Everything you see on KAYAK that we created (our logos, designs, text, graphics, software and the look and feel of our Site) belongs to KAYAK or our licensors and is protected by intellectual property laws. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use our Site for your own travel planning. That is it. Please do not use our brand or content for anything else without our written permission.

6.2 Your Content.

If you post a review or any other content on KAYAK ("User Content"), you grant us a worldwide, royalty-free, perpetual, irrevocable, transferable, sub-licensable license to host, use, display, reproduce, modify, distribute and create derivative works from your User Content in connection with our Site. If your User Content includes your name, image, voice, likeness, or other personal attributes, you also grant KAYAK a worldwide, royalty-free license to use those attributes in connection with our use of your User Content as described above. If you do not wish to grant this additional license, do not submit User Content that includes those attributes.

When you post User Content, you confirm that:

• It is your own work, or you have the right to share it.
• It is honest, accurate, and based on your real experience.
• It is not unlawful, defamatory, hateful, harassing, obscene, misleading, or otherwise inappropriate.
• It does not include private information about another person without their consent.

We may review, edit, refuse, or remove User Content at our discretion.

Please notify us of any potential infringements of your intellectual property by emailing us at copyright@kayak.com.

6.3 Trips

Trips lets you store and organize your travel plans in one place. You are responsible for any travel information you upload, share, or transmit through Trips, including keeping your own backup copies.

7. The legal essentials.

We have tried to keep these Terms friendly and easy to follow, but according to our lawyers, a few sections need to be written more formally. They're still important, so please read them carefully.

7.1 Disclaimer of warranties

KAYAK is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components, or that the information on the Site is complete, accurate, reliable, or current.

7.2 Limitation of liability

We (together with our officers, directors, employees, representatives, shareholders, affiliates, and providers), to the extent permitted by law, hereby expressly exclude any responsibility and liability for any injury; death; loss; claim; act of god; accident; delay; or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including-without limitation-lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, even if we have been advised of the possibility of such damages, that arise out of or is in any way connected with:

• any use of our Site, Trips, or our content;
• any failure or delay (including, without limitation, the use of or inability to use any component of our Site for reservations or booking); or
• the performance or nonperformance by us or any Travel Provider, even if we have been advised of the possibility of damages to such parties or any other party.

To the maximum extent permitted by law, the total aggregate liability of KAYAK and its affiliates, officers, directors, employees, representatives, shareholders, and providers to you for all claims arising out of or relating to these Terms, our Site, or your use of either, will not exceed one hundred U.S. dollars (US$100). This cap applies regardless of the theory of liability and even if any limited remedy in these Terms is found to have failed of its essential purpose.

Some states or countries do not allow this limitation of liability, so the limitations above may not apply or apply only partially to you.

7.3 Indemnification

If your actions on the platform lead to legal trouble for us, you agree to cover our expenses and damages. Subject to these Terms, you will defend, indemnify and hold us and each of our affiliates, officers, directors, employees and agents harmless from and against any claim, cause of action, liability, expense, loss or demand, 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 breach of any applicable law, and your use of or access to our Site, Trips or our intellectual property.

7.4 Arbitration and Waiver

7.4.1. Applicability of Arbitration Agreement.

If you live in the U.S., subject to the terms of this Arbitration Agreement, you and KAYAK agree that any disagreement, controversy, or claim arising out of or relating in any way to your access to or use of our Website or these Terms and prior versions of the Terms (each, a "Dispute") will be resolved by binding arbitration, rather than in court, except that: (1) you and KAYAK may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or KAYAK may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, "Dispute" will also include disputes that were not noticed or that involve facts occurring before the existence of this or any prior versions of the Terms as well as claims that may arise after the termination of these Terms.

7.4.2. Informal Dispute Resolution.

There might be instances when a Dispute arises between you and KAYAK. If that occurs, KAYAK is committed to working with you to reach a prompt, low-cost and mutually beneficial resolution. You and KAYAK agree to participate in good faith informal efforts to resolve Disputes before starting an arbitration or initiating an action in small claims court ("Informal Dispute Resolution"). You and KAYAK agree that as part of these efforts, either party has the option to ask the other to meet and confer telephonically ("Informal Dispute Resolution Conference"). If you are represented by counsel, your counsel may participate in the conference, but you must also personally participate.

To initiate Informal Dispute Resolution, a party must give notice in writing to the other party ("Notice"). Such Notice to KAYAK should be sent by email to legal@kayak.com. The Notice must include: (1) your name, telephone number, mailing address, and e-mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e-mail address of your counsel, if any; and (3) a description of the Dispute, including the specific relief sought. KAYAK will send Notice to you, including a description of the Dispute, to your email address or regular address on file. It is your responsibility to ensure your email and regular address are correct and remain up to date. The Notice must be signed by the party initiating the Dispute.

The Informal Dispute Resolution process lasts 45 days and is a mandatory precondition to commencing arbitration. The Informal Dispute Resolution Conference, if requested by either party, shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms or organizations represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree.

The statute of limitations and any filing deadlines shall be tolled while the parties engage in Informal Dispute Resolution.

7.4.3. Waiver of Jury Trial.

YOU AND KAYAK HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and KAYAK are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 7.4.1. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

7.4.4. Waiver of Class and Other Non-Individualized Relief.

EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall affect the terms and conditions under Section 7.4.9. Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this Section 7.4.4, are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and KAYAK agree that the particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in court pursuant to Section 7.4.13. The parties agree that any claims or requests for relief that are severed from an arbitration may not proceed in litigation and shall be stayed until all Disputes between the parties that remain in arbitration are finally resolved. All other Disputes shall be arbitrated or litigated in small claims court. This Section 7.4.4 does not prevent you or KAYAK from participating in a class-wide or mass settlement of claims.

7.4.5. Rules and Forum.

The Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement, including the procedures governing Batch Arbitration, and any arbitration. If Informal Dispute Resolution does not resolve satisfactorily within forty-five (45) days after receipt of a Notice, or after completion of the Informal Dispute Resolution Conference, if requested by KAYAK, you and KAYAK agree that either party shall have the right to finally resolve the Dispute through binding arbitration.

The arbitration will be administered by the National Arbitration & Mediation ("NAM") in accordance with the NAM Comprehensive Dispute Resolution Rules and Procedure (the "NAM Comprehensive Rules") in effect at the time of arbitration, except as supplemented, where applicable, by the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (the "NAM Mass Filing Rules"; together with the NAM Comprehensive Rules, the "NAM Rules"), and as modified by this Arbitration Agreement. The NAM Rules are currently available at https://www.namadr.com/resources/rules-fees-forms/.

A party who wishes to initiate arbitration must provide the other party with a demand for arbitration (the "Demand"). The Demand must include: (1) the name, telephone number, mailing address, e-mail address of the party seeking arbitration, and the account username (if applicable), as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) a statement certifying that the requesting party will pay any necessary filing fees in connection with such arbitration. Any Demand you send to KAYAK should be sent by email to legal@kayak.com. KAYAK will provide the Demand to your email address on file.

If the party requesting arbitration is represented by counsel, the Demand shall also include counsel's name, telephone number, mailing address, and email address. Such counsel must also sign the Demand. By signing the Demand, counsel certifies to the best of counsel's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that, consistent with the standards set forth in Federal Rule of Civil Procedure 11(b): (1) the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery ("Counsel's Certification").

Unless you and KAYAK otherwise agree, or the Batch Arbitration process discussed in Section 7.4.9 is triggered, including any in-person arbitration hearing, the arbitration will be conducted in the county where you reside. Subject to the NAM Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of arbitration. If NAM is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any NAM fees and costs will be solely as set forth in the applicable NAM fee schedules (the "Fee Schedules").

You and KAYAK agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties' attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.

You and KAYAK agree that at least 14 days before the date set for an arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover any post-offer costs to which they otherwise would be entitled and shall pay the offering party's costs from the time of the offer.

7.4.6. Arbitrator.

The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Connecticut, and will be selected by the parties from NAM's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Demand, then NAM will appoint the arbitrator in accordance with NAM Rules, provided that if the Batch Arbitration process under Section 7.4.9 is triggered, NAM, without soliciting input or feedback from any party, will appoint the arbitrator for each batch, subject to your right to object to that appointment.

7.4.7. Authority of Arbitrator.

The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes regarding the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except that all Disputes regarding Section 7.4.4 including any claim that all or part such Section 7.4.4 is unenforceable, illegal, void or voidable, or that such Section 7.4.4 has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.

7.4.8. Attorneys' Fees and Costs.

Unless fee shifting is specifically authorized by law or by the NAM Rules, the parties shall bear their own attorneys' fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Demand was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). To the extent, following a presentation on the merits, on its own motion or a party's, and after affording a reasonable opportunity to respond, an arbitrator determines that a party who commenced arbitration did not bring its claim(s) consistent with Counsel's Certification and the standards set forth in Federal Rule of Civil Procedure 11(b), the parties agree that the arbitrator shall, as part of its award, impose sanctions by ordering that the initiating party reimburse the responding party for all arbitration filing and administrative fees and arbitrator costs the responding party incurred under the Fee Schedules.

7.4.9. Batch Arbitration.

To increase the efficiency of administration and resolution of arbitrations, you and KAYAK agree that in the event that there are twenty-five (25) or more individual Demands of a substantially similar nature filed against KAYAK by or with the assistance of the same law firm, group of law firms, or organizations ("Claimants' Counsel"), within a ninety (90) day period, NAM shall (1) administer the arbitration demands in batches of 100 Demands per batch (or, if between twenty-five (25) and ninety-nine (99) individual Demands are filed, a single batch of all those Demands, and, to the extent there are fewer than 100 Demands remaining after the batching described above, a final batch consisting of the remaining Demands); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch on a consolidated basis with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be selected by Claimants' Counsel or, if Claimants' Counsel does not have a preference, by the arbitrator, and one final award ("Batch Arbitration"). NAM shall administer all batches concurrently, to the extent possible.

All parties agree that Demands are of a "substantially similar nature" if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issue(s) and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing Procedural Arbitrator or, should the circumstances so require, and Emergency Arbitrator, according to the NAM Rules to determine the applicability of the Batch Arbitration process (the Procedural Arbitrator or Emergency Arbitrator, the "Administrative Arbitrator"). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator's fees shall be paid by KAYAK.

You and KAYAK agree to cooperate in good faith with NAM to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Demands, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.

This Batch Arbitration provision shall in no way be interpreted as authorizing or creating a class, collective, and/or representative arbitration or action of any kind, except as expressly set forth in this provision, and nothing about the Batch Arbitration process will preclude any party from participating in any arbitration administered according to that process.

7.4.10. Invalidity, Expiration.

Except as provided in Section 7.4.4, if any part or parts of this Arbitration Agreement (other than Section 7.4.9) are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect. However, if Section 7.4.9 of this Arbitration Agreement is found under the law to be invalid or unenforceable then, in that case, the entire Arbitration Agreement shall be void, and the parties agree that all Disputes will be heard in the state or federal courts located in New York, NY. You further agree that any Dispute that you have with KAYAK as detailed in this Arbitration Agreement must be initiated within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.

7.4.11. 30-Day Right to Opt Out.

You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: legal@kayak.com, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your KAYAK account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. Any Opt-Out Notice will be effective only if you send it yourself, on an individual basis, and opt out notices from any third party purporting to act on your behalf will have no effect on your or KAYAK's rights. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any arbitration agreements that you may currently have with us, including any previous versions of this Arbitration Agreement to which you agreed and did not timely opt out, and has no effect on any arbitration agreements with us you may enter in the future.

7.4.12. Modification.

You and we agree that KAYAK retains the right to modify this Arbitration Clause in the future. Any such changes will be posted at https://www.kayak.com/terms-of-use and you should check for updates regularly. Notwithstanding any provision in these Terms to the contrary, we agree that if KAYAK makes any future material change to this Arbitration Agreement, we will notify you. Your continued use of Our Website constitutes your acceptance of any such changes. If you have previously agreed to a version of these Terms with an arbitration agreement and you did not validly opt out of arbitration then, changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of arbitration. KAYAK will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms.

7.4.13. Governing Courts.

To the extent that the Dispute is not covered by any arbitration agreement between you and us, it shall proceed before the state or federal courts located in New York, NY (except for small claims court actions which may be brought in the county where you reside). The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

7.5 Time to bring claims

To the maximum extent permitted by law, any claim arising out of or relating to these Terms or your use of the Site that is not subject to the Arbitration Agreement must be filed within one (1) year after the claim accrued. Claims filed after that period are permanently barred.

7.6 Export and sanctions compliance

You agree to comply with all applicable trade-control laws, including sanctions and export-control laws. You represent that you are not located in, ordinarily resident in, or organized under the laws of any country or region subject to U.S. or other applicable government embargoes (currently including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions), and that you are not listed on any U.S. or other applicable government list of prohibited or restricted parties (including OFAC's Specially Designated Nationals list and the Department of Commerce's Denied Persons List and Entity List). You will not use the Site to violate any such law or to facilitate any prohibited transaction.

8. Our AI features.

Some features on our Site use artificial intelligence ("AI"), including third parties' large language models ("LLMs"), which process information you submit ("Inputs") and generate content in return ("Outputs"). We do not guarantee the accuracy, relevance, or completeness of Outputs, and we are not responsible for any loss or damages arising from your use of them.

8.1 How we use your data

Neither KAYAK nor any third party LLM provider will use your Inputs, Outputs, or any personally identifiable or sensitive information to train LLMs. However, we may use feedback you submit to us ("Feedback") for any purpose, including to improve our Site or train AI models. When you submit Feedback, you grant us the right to use and exploit it without restriction or compensation. When you rate an Output (for example, using the thumbs up/thumbs down icon), we may store the related conversation and rating as Feedback. We also use usage data (for example, anonymized signals about which AI features travelers use, how often, and which Outputs travelers find helpful) to evaluate, improve, and develop our AI features.

8.2 Who owns what

As between you and KAYAK, and to the extent permitted by law, you own your Inputs, and KAYAK assigns to you any rights it has in Outputs. Outputs may include content from Travel Providers, third party data sources, or third party AI models, such as prices, schedules, photos, descriptions, reviews, and similar materials, and that content remains owned by those third parties and subject to their terms. This assignment does not give you rights to reproduce, redistribute, or commercialize third party content, and it does not apply to Outputs received by other users or to Outputs that are the same as or similar to Outputs received by other users.

8.3 Playground rules apply when you use AI too

When you use our AI features, you agree not to:

• Try to outsmart our AI's safety features, content rules, or rate limits. No jailbreaks, prompt injection, or adversarial prompting. Security researchers reporting vulnerabilities, please see our security disclosure page.
• Use AI Outputs to train, develop, or improve any AI model, dataset, or service that competes with KAYAK or our licensors. Our AI isn't looking for a side gig.
• Dress up AI Outputs as man-made. AI can plan a great trip, but it can't sign its own postcards.

9. Air Carrier Rules.

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 flier miles and other benefits, additional charges to the purchaser's credit card, additional charges collected at the airport, or future invoicing.

10. Mobile App.

If you download our mobile app, these Terms, along with the rules and policies of the app store you got it from (such as Apple's App Store or Google Play) apply. We may release updates from time to time to keep things running smoothly.

If you download our app from the Apple App Store, the following terms also apply to you and supersede any conflicting terms above with respect to your use of the App from the App Store: (a) these Terms are between you and KAYAK only, and not with Apple Inc.; (b) Apple has no obligation to provide any maintenance or support for the App; (c) if the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the App's purchase price to you (if applicable), and to the maximum extent permitted by law Apple will have no other warranty obligation with respect to the App; (d) Apple is not responsible for addressing any claims by you or any third party relating to the App, including product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer-protection laws; (e) Apple is not responsible for the investigation, defense, settlement, or discharge of any third party intellectual-property infringement claim relating to the App; (f) you represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist-supporting" country, and you are not listed on any U.S. Government list of prohibited or restricted parties; and (g) Apple and its subsidiaries are third party beneficiaries of these Terms, and upon your acceptance Apple will have the right to enforce these Terms against you as a third party beneficiary.

11. A few more things.

• Prevailing-party fees. In any legal action or proceeding arising out of or relating to these Terms that is not subject to the Arbitration Agreement (including without limitation any small-claims action, any intellectual-property action, and any action by a user who has validly opted out of arbitration), the prevailing party will be entitled to recover from the other party its reasonable attorneys' fees and costs, including taxable and non-taxable costs, to the extent permitted by applicable law.
• Headings and TL;DRs. Headings and TL;DRs used throughout these Terms are used for convenience and reference only, and have no legal effect, nor shall affect the interpretation of these Terms.
• Entire agreement. These Terms, together with our Privacy Policy and any additional terms we link to, make up the entire agreement between you and KAYAK regarding your use of our Site.
• No waiver. If we do not enforce a right or provision in these Terms, that does not mean we have waived it.
• Assignment. These Terms are personal to you. You shall not be entitled to assign these Terms in whole or in part to any third party without our prior written consent. We may assign these Terms without notice to or permission from you.
• Survival. The following sections survive any termination of these Terms or of your access to the Site: Sections 6, 7, 8, 10, 11, and any other provision that by its nature is intended to survive.
• No agency. Nothing in these Terms creates an agency, partnership, joint venture, or employment relationship between you and KAYAK.
• Enforceability. If any part of these Terms is found to be unenforceable or invalid, that part will be enforced to the fullest extent permitted by applicable law, and the remaining parts will continue in full effect.

Contact.

KAYAK Software Corporation 1266 E Main Street, STE 700R Stamford, CT 06902 USA