service: name: KAYAK
sector: Travel
date: 17.09.2019
document: text: Please read these terms and conditions of use carefully before accessing, using or
obtaining any materials, information, products or services. By accessing the KAYAK
website, mobile or tablet application, or any other feature or other KAYAK platform
(collectively, 'Our Website'), you agree to be bound by these terms and conditions
('Terms') and our Privacy Policy. If you do not accept all of these Terms, then you may not
use Our Website. In these Terms, 'we', 'us', 'our' and 'KAYAK' refer to KAYAK Software
Corporation, and 'you' and 'your' refers to you, the user of Our Website.
THESE TERMS INCLUDE AN ARBITRATION CLAUSE AND A WAIVER OF YOUR RIGHT
TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT.
We may modify these Terms for any reason—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 following the posting of modified Terms 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 in any way, your
only recourse is to immediately terminate use of Our Website.
1. We do not sell travel products
Our Website is a travel search engine. KAYAK does not provide, own or control any of the
travel services and products that you can access through Our Website, 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). The
Travel Providers are responsible for the Travel Products. The Travel Provider’s terms and
privacy policies apply to your booking, so you must agree to and understand those terms.
Furthermore, the terms of the actual travel provider (airline, hotel, tour operator, etc.)
apply to your travel, so you must also agree to and understand those terms. Your
interaction with any Travel Provider accessed through Our Website is at your own risk;
KAYAK does not bear any responsibility should anything go wrong with your booking or
during your travel.
The display on Our Website of a Travel Product or Travel Provider does not—in any way—
imply, suggest, or constitute a recommendation by KAYAK of that Travel Product or Travel
Provider, or any sponsorship or approval of KAYAK by such Travel Provider, or any
affiliation between such Travel Provider and KAYAK.
KAYAK hosts content, including prices, made available by or obtained from Travel
Providers. KAYAK is in no way responsible for the accuracy, timeliness or completeness
of such content. Since KAYAK has no control over the Travel Products and does not verify
Terms & Conditions

the content uploaded by the Travel Providers, it is not possible for us to guarantee the
prices displayed on Our Website. Prices change constantly and additional charges (e.g.,
payment fees, services charges, checked-in luggage fees, local taxes and fees) may
apply, so 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 informational purposes only and should not be relied upon as accurate
or 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.
2. Booking through KAYAK
If you make a booking through Our Website for Travel Products, that booking is made
with the Travel Provider named on the booking page and Our Website only acts as a user
interface. Accordingly, KAYAK has no responsibility for the booking or the Travel Product
because KAYAK has no involvement in creating the description of the Travel Product, in
defining the price and any fees, or in providing the Travel Products that you book. If you
have any issues or disputes with your booking and/or the Travel Product, you agree to
address and resolve these with the Travel Provider and not with us.
3. Intellectual property
We, along with our corporate affiliates, the Travel Providers and other licensors, own all of
the text, images, software, trademarks, service marks and other material contained on
Our Website. You will not copy or transmit any of the material except if you are doing so
for your personal, non-commercial use. All copyright, trademark and other proprietary
rights notices presented on Our Website must appear on all copies you print. Other non-
KAYAK product, service, or company designations on Our Website belong to those
respective third parties and may be mentioned in Our Website for identification purposes
only. You should contact the appropriate third party for more complete information
regarding such designations and their registration status. Your use of and access to Our
Website does not grant you any licence or right to use any of the marks included on Our
Website.
4. Use of Our Website
You may only use and register to become a user of Our Website or Trips if you are of
sufficient legal age and can enter into binding contracts. If you become a registered user
or make a booking resulting in the creation of a Trips account, you are responsible for
maintaining the secrecy of your passwords, login and account information. You will be
responsible for all use of Our Website by you, anyone using your password and login
information (with or without your permission) and anyone who you allow to access your
travel itineraries. All information that you provide to us must be accurate and up-to-date.
If any of your information 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 information or computer or mobile device used to access Our Website),
you must promptly change your Personal information that is affected.
If you decide to have messages or other communications from Our Website sent 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 the mobile app, and
for any charges incurred by receiving such messages. 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 or disposal 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; you may not use Our
Website to make any false, fraudulent or speculative reservation or any reservation in
anticipation of demand. By using Our Website, you 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 from KAYAK:
(i) access the site with any manual or automated process for any purpose other than your
personal use or for inclusion of KAYAK pages in a search index. Use of any automated
system or software to extract data from Our Website ('screen scraping'), for commercial
or non-commercial purposes, is prohibited;
(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 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 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 or applicable law;
(viii) use Our Website to collect or store personal data about others;

(ix) use Our Website for any commercial purpose; or
(x) transmit any ad or promotional 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 any or all component(s) of Our Website.
Furthermore, you can always delete your account here.
You further agree not to:
Circumvent, disable or otherwise interfere with security-related features of Our Website or
features that prevent or restrict use or copying of any content or enforce limitations on the
use of Our Website or any content on the Website;
Impersonate any person or entity, or otherwise misrepresent Your affiliation with a person
or entity;
Intentionally or unintentionally violate or encourage others to violate any applicable law,
statute, ordinance or regulation;
Provide false or deceptive information;
Solicit personal information from anyone;
Delete, add or otherwise change other people’s User Content;
Remove or alter any copyright or other proprietary notices on or in connection with any
content on the Website;
Publicly disparage anyone or any User Content;
Publish or post threats of violence, or promote or encourage others to engage in violence
or illegal activity.
Please report abusive content to TermsofuseAbuse@kayak.com if you see it.
5. Trips
If you use Trips, you are solely responsible for the travel information and other content
that you upload, transmit or share with us or others on or through Trips (collectively, the
'Trips Information'), and you represent and warrant that you are not transmitting or
sharing Trips information that you do not have permission to share. It is your job to create
backup copies and replace any Trips information you provide us with at your expense.
When you provide us with Trips information or make a booking through KAYAK, you
authorise us to make copies as we deem necessary in order to facilitate the storage and
assimilation of the Trips information. By providing us Trips information, you represent and
warrant that you have the right to give us an irrevocable, perpetual, non-exclusive,
transferable, fully-paid, worldwide licence (with the right to freely sublicense) to use, copy,
modify, reformat, translate, syndicate and distribute that Trips information that we receive
from you for any purpose, including business, commercial, marketing, advertising, or
otherwise, and to prepare derivative works of (or incorporate into other works) that Trips
information. You may remove your Trips information from Trips at any time, but the licence
that you have granted will remain in effect. You understand that we do not control nor are

we responsible for reviewing Trips information. However, we reserve the right to review,
edit, or delete any Trips information or your account at any time.
6. Your intellectual property rights
We respect the intellectual property rights of others and we prohibit users from uploading,
posting or otherwise transmitting on Our Website or otherwise through Trips any materials
that violate another person's intellectual property rights. If you believe that your
trademark or copyright rights have been violated, please send us a written notification to
the address disclosed in Section 14.
7. Warranty disclaimer
Our Website, all content and services provided on Our Website and all itineraries that you
obtain through Trips 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. Accordingly, we do not always display the lowest available price.
KAYAK expressly disclaims—to the fullest extent permissible—all warranties of any kind,
whether express or implied, including, but not limited to, any 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.
8. Our liability is limited
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 (a) any loss or 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 Trips 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, Trips 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 booking); or (iii) the performance or
non-performance by us or any Travel Provider, even if we have been advised of the
possibility of damages to such parties or any other party. Some states or countries do not
allow this limitation of liability, so the limitations above may not apply or apply only
partially to you.
9. You agree to protect us
Subject to these Terms, you will defend, indemnify and hold us 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 breach of any applicable
law, and your use of or access to Our Website, Trips or the Intellectual Property.
10. Links
Our Website may contain links to other websites that we do not operate or control and for
which we are not responsible ('Other Websites'). We provide these links for your reference
and convenience and do not endorse the contents of Other Websites and accept no
responsibility for them or for any loss or damages that may arise from your use of them.
You should refer to the separate terms of use, privacy policies, and other rules posted on
Other Websites before you use them. You agree not to create a link from any website,
including any website controlled by you, to Our Website.
11. 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.
12. Hacker Fare
In the case of a Hacker Fare, Our Website displays search results for a combination of
Travel Products (e.g., separate flight and hotel results, or two one-way flights, instead of a
return trip). If you use these search results, you will make two different bookings with
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 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). If you
are travelling internationally, you may need to provide proof that you have a return flight at
check-in and at immigration.
13. General requirements
We may change the site and these Terms at any time, in our sole discretion and without
notice to you. You are responsible for remaining knowledgeable about these Terms. Your
continued use of the site constitutes your acceptance of any changes to these Terms and
any changes will supersede all previous versions of the Terms. Unless otherwise specified
herein, all changes to these Terms apply to all users, including those enrolled before the
date the changes take effect. Furthermore, we may terminate this agreement with you
under these Terms at any time by notifying you in writing (including by email) and/or, if you
are a registered user, by cancelling your account and your access to your account.

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, provided your rights
under these Terms are not prejudiced. 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; and 6,529,908.
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
Trips, and replace any prior understandings or agreements (whether oral or written)
regarding your use of Our Website.
To the extent permitted by law, the laws of Switzerland, without regard to its conflict of
laws rules, will govern these Terms, as well as your and our observance of them and any
dispute or claim arising out of or in connection with them or their subject matter (including
non-contractual disputes or claims). If you take any legal action relating to your use of
Our Website, including Trips, or these Terms, or our services, you agree to file such action
only in the courts of Zurich, Switzerland; if you are a consumer, the law may allow you to
bring proceedings also in the courts for the place where you are domiciled, as well as to
have recourse to rights provided by the consumer protection laws of such place. In any
such action or any action we may initiate, the prevailing party will be entitled to the extent
permitted by law 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. To the extent permitted by law, 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.
14. Your feedback
We encourage you to share your comments and questions with us here, 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 products or services. 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. Furthermore, by submitting Feedback, you are granting 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 Feedback we
receive from you for any purpose, including business, commercial, marketing, advertising,
or otherwise.
Legal notices
Google Play and the Google Play logo are trademarks of Google LLC. Apple, the Apple
logo, iPhone and iPad are trademarks of Apple Inc., registered in the U.S. and other
countries and regions. App Store is a service mark of Apple Inc.
Our Website is operated by:
KAYAK Europe GmbH

Fraumünsterstrasse 16

8001 Zürich

Switzerland
Last updated: 17 September 2019