Effective as of May 1, 2013
Please read these terms and conditions of use carefully before using or obtaining any materials, information, products or services through this site. By accessing, using or obtaining any content, data, materials, information, products or services through the KAYAK website ("Our Website"), which includes the My Trips Service on KAYAK (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 you may not use Our Website.
We recommend you print out a copy of these terms and conditions for your future reference.
1. This stuff is ours and we're proud of it
We, along with our travel partners and other licensors (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. KAYAK, the KAYAK logo, KAYAK.com, Search One and Done, swoodoo, swoodoo.com, the swoodoo logo, and the K mobile icon logo (to name a few!) are trademarks or 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.
2. How to use us
You agree that your use of Our Website is intended for your personal, non-commercial use. You may only register to become a member of Our Website or to use the My Trips Service, if you are of sufficient legal age and can enter into binding contracts. 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 password and login information (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 unauthorized 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 and for any charges incurred to receive such messages. We will not be liable for information sent to a device that is associated with your outdated mobile phone number. Remember that standard text message and data rates apply and that not all carriers are covered. You can always text STOP to 52925 to stop getting text messages (you will be sent a confirmation message). Text HELP to 52925 for help. 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 unauthorized 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 use Our Website or the My Trips Service for any purpose that is unlawful, illegal or forbidden by these Terms, and if you are lucky enough to be visiting Our Website from London, Paris, Mumbai, Barcelona or any other fabulous destination, that includes any local laws that might apply to you. We're running Our Website in the United States, so remember that by using Our Website, we need you to agree to comply with laws that apply to the United States and your own country, including laws that apply to exporting technical data.
In addition, you agree not to do any of the following without prior express written permission of KAYAK:
(i) 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;
(ii) 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;
(iii) deep-link to any portion of Our Website (including, without limitation, the purchase path for any travel services) for any purpose;
(iv) use any device, software or routine that interferes or attempts to interfere with the normal operation of Our Website or take any action that imposes an unreasonable load on our computer or network equipment;
(v) reproduce, duplicate, copy, sell, trade, resell or exploit the My Trips Service, the Good Stuff, or Our Website;
(vi) use any feature of Our Website for any purpose that is unlawful, harmful, or otherwise objectionable or inappropriate as determined by us;
(vii) post or distribute any material on Our Website that violates the rights of any third party;
(viii) use our Website to collect or store personal data about others;
(ix) use Our Website for any commercial purpose unless we've given you written permission; or
(x) transmit any ad or promo materials on Our Website.
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. Further, you can always delete your account here.
3. 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"). You may not 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.
Subject to the rights granted to us in these terms and conditions, 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 that you have granted will remain in effect.
If you have us order reservations on your behalf, we will collect from you and transmit your credit card and billing information to the supplier or travel service. You may choose to have us store credit card information in your account profile with us to expedite the reservation process.
If you have us collect your frequent flier miles on your behalf, we will go to other sites to aggregate your total available frequent flier miles using the login and password to those sites you provide us and we will store such information per your request.
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; (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.
You understand that we do no control, and we are not responsible to review, and Feedback or My Trips Stuff. However, we reserve the right to review, edit, or delete any Feedback and My Trips Stuff at any time.
4. If you think we're using 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 are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please go to our Proprietary Rights Complaint Process, located here, and follow the instructions at that area.
5. Your Privacy and Location Services
6. Warning: we're going to have to get boring... 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. KAYAK expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance. 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 the site, 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 the site will meet your expectations.
7. Still boring... limitation of liability (but still important!)
We (together with our officers, directors, employees, representatives, affiliates, and providers) will not be responsible or liable for (a) any damages to or viruses that may infect your computer equipment or other property 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 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, 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 this 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. Some states do not allow the limitation of liability, so the limitations above may not apply to you.
8. Protecting Us
Subject to these terms and conditions, you will defend, indemnify and hold us and the Other Guys, and each of our 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 use of or access to Our Website, the My Trips Service or the Good Stuff.
9. The Other Guys
KAYAK's display on or through the 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 Guy or any affiliation between any such Other Guy 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. Your interaction with any Other Guy 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 Guy with whom you elect to deal. An Other Guy that is an air carrier may be required to make available to the public the terms of its contract of carriage pursuant to Title 14, Part 253 of the Code of Federal Regulations. 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. You are responsible for ensuring that your purchases abide by the terms or conditions of purchase imposed by any Other Guy 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.
10. Hacker Fare
In the case of a Hacker Fare, Our Website looks for better round-trip deals by combining two 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 details of each airline's contract 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 traveling 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.
11. 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. We may assign our rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you. One or more patents may apply to this site and to the features and services accessible via the site, including without limitation United States Patent Numbers: 8,095,536; 7,979,457; 7,917,387; 7,774,331; 7,668,811; 7,668,809; 7,627,606; 7,587,678; 7,483,883; 6,529,908. We may modify these Terms, at any time, by posting notice on Our Website. Your continued use of Our Website, including any use of the My Trips Service, following the posting of notice of any modification will be subject to the Terms in effect at the time of your use. Please review these Terms periodically for changes. 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. 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. The laws of the State of Connecticut (USA), without regard to its conflict of laws rules, will govern these Terms, as well as your and our observance of them. If you take any legal action relating to your use of Our Website, including the My Trips Service, or these Terms, you agree to file such action only in the state and federal courts located in New Haven, Connecticut (USA). 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. You agree that any disputes, claims and causes of action arising out of or connected with Our Website and/or these Terms, will be resolved individually, without resort to any form of class action. You acknowledge that you have read and understood these Terms, and that these Terms have the same force and effect as a signed agreement.
12. 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.
Last updated: May 1, 2013