Book with KAYAK Terms & Conditions

1. General provisions

These Book with KAYAK Terms & Conditions ("Terms & Conditions") govern your booking when you use Book with KAYAK on kayak.com or on other sites for which KAYAK has the right to display Book with KAYAK ("the Website").

By using Book with KAYAK for your travel booking you agree to accept these Terms & Conditions. Do not continue to use Book with KAYAK if you do not agree to take all of the Terms & Conditions stated on this page.

The following terminology applies to these Terms & Conditions: "Client", "You" and "Your" refers to you, the person using Book with KAYAK. "The Company", "Ourselves", "We", "Our" and "Us", refers to KAYAK Software Corporation (“KAYAK”). "Party", "Parties", or "Us", refers to both You and Us. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

2. Conditions

In order to use Our website or our services, products:

• You must be at least 18 years of age;
• You must use Book with KAYAK in accordance with these Terms & Conditions;
• You must have the legal capacity to enter into a binding legal agreement;
• You must only use the services of Book with KAYAK to make reservations of any form offered by Our services, only if You are authorized to do so both on your behalf and on behalf of third parties; and
• all information supplied by You must be true, accurate, current and complete.

3. General rules and conditions

When You book services using Book with KAYAK, You authorize Us, or a third party service provider, to act as Your representative during the process of booking such services from the selected Travel Supplier (defined below). By doing so, You also authorize us to make a payment for the above-mentioned products/and/or services in Your name and on Your behalf, as required. We shall ensure the tickets are issued and will charge You, accordingly, depending on which product You book. The amount You are going to be charged will be displayed before Your booking is confirmed by You. Travel Supplier shall include any travel service providers, including but not limited to airlines, online travel agents, rental car companies, cruise operators, hotels and other short-term lodging facilities, and other providers of travel services.

You are obliged to deliver all data complete and error free, which is necessary for booking. In case the information is inaccurate, incorrect or payment is processed with a credit card from a third person, We may require additional verification.

We are not responsible for scheduled changes or cancellations of Your travel or travel plans by the Travel Supplier. Airlines and other Travel Suppliers may modify, cancel or reschedule the flights, or other travel services, they process. If there are any issues related to the travel booking that have been contracted through Our services, do not hesitate to let Us know about this. The third party We use to provide our customer service will endeavor to resolve the situation as soon as possible and within commercially reasonable standards.

4. Intellectual property

Information accessible via the Company site, its original content, features and functionality are and will remain the exclusive property of KAYAK and its licensors. The Website is protected by copyright, trademark, and other intellectual property laws. The reproduction or use of the trademarks, commercial names or any other distinctive signs, including the website, of KAYAK, is prohibited and it will be prosecuted, according to the applicable national and international legislation.

5. Baggage allowance

The Baggage Allowance is reflected on the order confirmation with KAYAK as well as on the e- ticket receipt.

The Customer should check directly with the airline, indicated on Your itinerary, for the latest baggage allowance information in order to learn about the permitted count, size, and weight for every type of item You would like to bring on the trip.

Some airlines offer lower fares that do not include luggage. Once You have selected your flight, check the order confirmation to find out if luggage is included in Your fare.

With regard to the policy of charging luggage fees, it can be changed at any time by each airline company. KAYAK does not control and has no input into luggage fees charged by airlines. There are airlines that charge luggage fees for any luggage You carry. If Your luggage exceeds the weight, size or number specified in the airline policy, the airline may charge additional charges for carrying luggage. KAYAK bears no responsibility or liability for luggage fees you incur and are charged by the airline.

6. Travel suppliers: rules and restrictions

These Terms & Conditions extend to all services provided by Us related to Book with KAYAK, including the services you book through Us from Travel Suppliers; however, Travel Suppliers may have additional terms that may apply to your booking.

We encourage You to study in detail both these Terms & Conditions and those of the Travel Suppliers, so that You are aware of all the terms, conditions and policies that apply to Your travel services.

Since You are contracting for the booking of travel services through Us, You hereby agree to all fees charged for these travel services, including those additional fees that Travel Suppliers may require. We reserve the right to cancel Your booking if full payment is not received in a timely fashion. Some Travel Suppliers may require You to present a credit card or cash deposit upon check-in to cover additional expenses incurred during Your travel. Such a deposit is unrelated to any payment received by KAYAK for Your booking. As such, KAYAK bears no responsibility or liability for any additional expenses incurred by You during Your travel.

You agree and understand that any breach of the rules and restrictions of the Travel Suppliers by You may result in the cancellation of Your reservation, the denial of access to the applicable product or travel services, the loss of any funds paid for such reservations and, or the debit of Your account for any costs We incur as a result of such an infringement.

7. Requirements for travel

Not all documents listed below are required for all travel, and requirements vary depending on your destination, connections and visa/passport status. Please consult your local embassy or the government department responsible for posting travel requirements.

• Real ID-compliant Driver’s License, military ID or other accepted identification to fly within the country(ies) you are traveling
• Valid passport
• Sometimes visa requirements (for more information contact the Embassy of the visiting country)

We are not responsible for any risks associated with traveling to different countries or the specific risks that particular countries pose, and We disclaim all liability for any damages or losses related to travel to that particular countries.

8. Ticketing policies

Once You have completed Your booking via Book with KAYAK, You will receive an Order Confirmation from Us, either directly or through our third party customer service provider, to the email address You provided. This email serves as a proof that You have successfully made an order via Book with KAYAK and it reflects Your Passenger(s) details, Itinerary Details and Summary of Charges.

Please note that with the Order Confirmation we acknowledge that the order was received and it is processed by Us or by the third party. The Order Confirmation shall not serve in any case as an electronic ticket or a guarantee to board the plane. Once the payment is received and Your reservation is ticketed, You will receive a separate email with the e-ticket receipt.

The ability to cancel or modify a booked flight is restricted and will depend on the airline's fare rules or other terms and conditions. If You wish to cancel your reservation, please contact Our Customer Care representatives at 1-855-920-9942 and request the cancellation policy of Your ticket.

Changes to name details are restricted by many airlines, therefore in case any change is required, You should be aware that modifications are applied only allowed in accordance with the airline's policy. Most airlines treat a name change as a cancellation, to which standard conditions and charges would apply.

In case that You request any changes and/or modifications caused by a change in Your travel plans or Your personal circumstances (cancellation or modification), in addition to the terms and conditions of the airline company, Our processing fees will apply.

You may be entitled to a partial refund if You cancel your booking. In addition to the cancellation terms and conditions of the airline company, Our standard fees will apply.

The refundable amount will be credited back to the original source of payment; however, please be advised that the return period depends on Your bank policy and the cause of the delay may be due to Your bank. KAYAK assumes no responsibility for the delay in a refund to You caused by Your bank’s policy.

If You have booked any products or services via Book with KAYAK, including flights, but don't appear for check-in (no show), or, otherwise, do not avail Yourself of the purchased products or services, You will not be entitled to any refund. You may, however, be entitled to a refund of the tax. This provision is subject to the airline’s policy, and you should contact the airline directly.

9. Additional service bundles

The service bundles offered along with the tickets, allow You additional flexibility in case of reservation changes or refunds, ticket cancellations within the day of purchase, and Price Drop Protection offers further price protection services, subject to the following terms:

• You can either choose to purchase a Standard plan or Plus plan service bundle.
• Reservation changes include, but are not limited to date change, routing change, name correction, seats reinstatement.
• Our regular processing fee when a reservation change is requested is USD 100.00. If a service bundle is acquired the processing fee is reduced to USD 25.00 with the Standard plan, and is completely removed with the Plus plan.
• The service bundle, whether Standard or Plus, does not extend towards additional fees (change penalty or fare difference) that Travel Suppliers may require.
• The Speedy Refund service included in both Standard and Plus plans is a commitment by us to get the ticket refunded within a period of 5 days after the refund terms have been agreed and the procedure was initiated.
• Price Drop Protection is a service offered in addition to the ticket which consists of KAYAK searching for your exact itinerary (flight numbers and travel dates, fare conditions) within the same day of Your booking in order to spot any price changes that can lead to additional savings on the ticket(s) You booked with KAYAK.
• If you acquired the Plus plan that includes Price Drop Protection, You authorize KAYAK, in case a lower price is found, to rebook Your itinerary and reissue Your ticket(s) by keeping the same itinerary. 50% of any savings obtained from rebooking Your itinerary under Price Drop Protection will be shared with You.
• The eligible cashback amount will be credited to You via the original form of payment.
• The Price Drop Protection is not available on all itineraries or all airlines and it does not serve as any sort of guarantee of savings. If within given day KAYAK is not able to spot price changes, the ticket(s) will remain as originally booked.
• Costs for Standard and Plus plans are non-refundable and shall be considered consumed once any of the given available options are exercised.

10. Cancel For Any Reason (CFAR) Plan

The second package offered in addition to airline ticket cost is the KAYAK Cancel for Any Reason plan. It allows the customers to request ticket cancellation without any documentation and receive a partial refund under below terms:

• The cancellation request must be made with our Customer Care department via phone or ‘Contact us’ form at least 24 hours prior to Your first scheduled departure.
• The plan does not apply to tickets changed or canceled directly with the airline. In such cases the plan is to be considered no longer applicable.
• Within 24 hours of departure, the CFAR plan is not applicable and airline imposed fees will apply
• The Cancel For Any Reason (CFAR) plan is non refundable
• The cancellation request applies for the whole booking. It can not be applied towards an individual flight segment.
• The plan does not offer coverage after the trip has started, including requests at the airport and/or at the point of destination.
• Once a valid cancellation request is received, the customer will be refunded the full cost of the ticket.
• The plan does not cover any additional purchases related to the ticket expenses (pre-selected seats, additional baggage, insurance packages, etc.). Such expenses will not be refunded.
• For this plan, the refund will be issued within 15 days from the day of the request. The refund money will be transferred to the original form of payment.
• The plan is considered used and non refundable in the case of full refunds being issued by the airline due to involuntary flight cancellation because of airline schedule changes, irregular operations or other Unforeseen Circumstances.

"Unforeseen circumstances" means any extraordinary event that can be described as any circumstance beyond the reasonable control of an airline. For example, but not as a limitation, hurricanes, floods, earthquakes, cyclones, thunderstorms, blizzards, volcanic eruptions, high winds, excessive precipitation, wildfires and other natural disorders, or civil disorder and unrest, political instability, quarantine, aircraft maintenance problems and security issues.

11. Payment

When You make a booking via Book with KAYAK, You will need to provide us with the accurate credit or debit card details. By providing Your credit or debit card information, you authorize KAYAK, or a third party service provider of KAYAK, to charge You for the total amount of travel services. You may see multiple charges: “Fares” and “Taxes and Fees” for the travel services equally the Total Amount as quoted in your booking.

If We encounter any issues while processing Your payment, We will notify You. We will not be liable for any subsequent price increase as a result of payment failure. Any price increases are reviewed with and agreed upon by You before the booking will be made.

Neither KAYAK, any third party service provider nor Travel Supplier will be under any obligation to issue tickets before the payment process has been completed. You will receive Your booking confirmation and electronic invoice via email to the address You provided at the time of your booking.

12. Disputes

The dispute resolution methods arising from Your use of Book with KAYAK will be settled via compulsory arbitration by the American Arbitration Association (“AAA”). By using the Website for Book with KAYAK, You agree to the dispute resolution via AAA. These Terms & Conditions, and any dispute between You and the Company, shall be governed by the laws of the state of Connecticut without regard to principles of conflicts of law. You can decline agreeing to arbitrate by sending an arbitration opt out letter to legal@kayak.com within thirty (30) days of first accepting these Terms & Conditions.

By accessing the Website to use Book with KAYAK, you agree with the Terms & Conditions that we impose. We are not responsible for the fact that You have not thoroughly studied all that is stated in these Terms & Conditions.

Procedure for Resolution of Disputes.

Prior to initiating arbitration, We endeavor to solve the problem in the most economical and benevolent manner for all the parties involved. Respectively, You agree to solve any conflict or petition relating in any way to the Website, Book with KAYAK, any interaction with our customer service agents, and any services and products furnished by Travel Suppliers by getting in touch with Our customer support.

Credit Card Chargebacks.

You have the ability to dispute charges with credit card companies ("chargebacks"). If You have a question about a charge on your credit card statement, we encourage you to call customer support and the Travel Supplier prior to disputing a charge with Your credit card company to discuss any questions or concerns about the charges. We retain the right to cancel any travel reservation in the event of a chargeback related to that reservation.

By using Book with KAYAK to make a reservation with a Travel Supplier, You accept and agree to the relevant cancellation policy of that Travel Supplier. In all cases, the cancellation policy of each reservation is made available on our Website when you are making your booking. Please note that certain rates or special offers are not eligible for cancellation or change. KAYAK, its third party service providers and Travel Suppliers deem the following chargeback scenarios as improper and retains the right to investigate and rebut any such chargeback claims, including the right to recover costs of such chargeback claims from You:

• Chargebacks resulting from non-cancellable reservations in the event that KAYAK, KAYAK’s third party service providers or the Travel Supplier cannot provide a refund, whether or not the reservation is used.
• Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to You, the User’s, credit card.
• Chargebacks arising from the Travel Supplier’s satisfactory delivery of a product or service in a manner that’s consistent with the Travel Supplier’s product description but that You may no longer want or need.
• Chargebacks resulting from force majeure or other circumstances (including the bankruptcy of the KAYAK, KAYAK’s third party service providers or Travel Suppliers) that are beyond the control of KAYAK or its affiliates.

13. Limitation of liability

All information contained on Our website is disseminated as is and without any guarantee of accuracy or being free from errors or omissions. We do not guarantee in any way the timeliness, accuracy or availability of information unless these are guaranteed by statute or other laws and international treaties. In no event, including, but not limited to negligence, will, KAYAK, including its respective officers, directors, employees, representatives, parents, subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Website, Book with KAYAK and its contents (collectively the "Covered Parties"), be liable to any person or entity for any injury, loss, claim, damage or for any special, punitive, exemplary, direct, indirect, incidental, compensatory or consequential damages of any kind, regardless of whether are based on the contract, tort, negligence, offenses, strict liability or otherwise, arising out of or in any way related with the activities or business of our Company, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) the use, or inability to use, unauthorized use of, performance or non-performance of the Website or the services or materials on the Website or the reserved travel reservations through the call center, even if they are informed about the possibility of such damages; (iii) unauthorized access to or tampering with Your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on the Website or any information, software, products, services, and related graphics obtained through the Website; (vi) any transactions entered into through this Website; (vii) any damages or viruses that may infect computer equipment or other property, or any loss of data, access, use or use of Your account browsing the Website, or downloading materials, data, text, images, videos, audio or other information from the Website or associated with any e-mail or links sent by KAYAK or its third party service providers; or (viii) damages otherwise arising out of the use of the Website, any delay or inability to use the Website, or any information, products, or services obtained through the Website.

In no case shall Our total liability, or that of our Travel Suppliers or third party service providers, exceed the total costs stipulated in the itinerary that generate such liability. Please note that claims or cause of action arising out of or in connection with Your access and use, or the purchase of products and / or services from the Website must be submitted within one hundred eighty (180) days from the date the purchase was completed. If legislation in force does not allow limits or exclusions regarding the liability for the harmed damages, so the ones indicated above may not apply in Your case. Your use of the Website will be at Your own risk. Our Company acts as an intermediary or as an agent for the products and services related to travel such as air transport, hotel accommodation, meals, travel insurance, car rentals, etc. .) and We are in no way responsible for the products and services of these Travel Suppliers.

The Travel Supplier that provides travel or other services on this Website via Book with KAYAK are independent contractors and not agents or employees of KAYAK, its third party service providers or KAYAK’s Covered Parties. KAYAK and Our subsidiaries are not responsible for the facts, errors, omissions, representations, guarantees, violations or negligence of such providers or for any personal injury, death, loss, accident, delay, material damage or other damages or expenses resulting from these Travel Suppliers. We have no liability and will not make any refund or accept responsibility for any damage in case of any delays, cancellations, overbooking, strike, labor disputes, bankruptcy, machinery breakdown, quarantine, government restraints, weather, force majeure or other causes beyond the Covered Parties’ direct control.

No Covered Party shall be responsible for any Service Provider's breach of warranty, nor for any other wrongdoing of a Service Provider (including any liability in tort), as to any products and/or services available through Book with KAYAK on the Website. No Covered Party shall be responsible for any Service Provider's failure to comply with these Terms & Conditions or with applicable federal, state, provincial and local law.

By using Our site, You hereby agree to the Terms & Conditions and you will not bring any legal proceedings against KAYAK, or its Covered Parties. Therefore, both KAYAK, its Covered Parties are not responsible for any loss or damage to the property or injury of any person caused by any defect, negligence or any other wrongful act of omission or any non-compliance by any kind.

Further, any inconvenience, loss of pleasure, mental suffering or other similar matter; any delayed departure, missed connections, replacement of accommodations, termination of service or changes in rates and charges; any cancellation or double reservation of reservations or tickets outside the reasonable control of KAYAK; and any claims of any kind arising out of or in connection with air transport or other transport services, products or other features performed (or not) or arising (or not) in connection with Your travels are not the responsibility or liability of KAYAK and its Covered Parties. Additionally, KAYAK is not responsible for any delays, cancellations or changes to the flight programs performed by the airlines. The limitations specified in these Terms & Conditions will survive and apply even if it is found that any limited remedy specified in these Terms & Conditions has failed to achieve its essential purpose. The limitations of liability provided in these Terms & Conditions to ensure the benefit of KAYAK and its Covered Parties.

14. Force majeure

Any act or situation which is beyond Our control is known as a “Force Majeure” event. In such a circumstance, We are not liable for any failure to perform, or delay in performance of our obligations or contracts, for interruption of service directly or indirectly from acts of God.

No party will be held legally responsible for any losses or damages of nature incurred or suffered by that other party, as long as this failure or delay is the direct result of a Force Majeure event.

Any act, event, non-happening, omission or accident beyond Our control includes (but is not limited to):

• Strikes, lock-outs or other industrial action.
• Civil commotion, riot, invasion, cyber-attack, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disasters.
• Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
• Interruption or failure of utility service (including the inability to use public or private telecommunications networks).
• The acts, decrees, legislation, regulations or restrictions of any government.
• Other causes, beyond our reasonable control.

We will use our reasonable endeavors to minimize any delay or issues caused by Force Majeure or to find a solution by which our obligations under these Terms & Conditions may be performed despite the Force Majeure event.

In case of Force Majeure Event: Your reservation MUST be cancelled prior to the scheduled departure date or You risk forfeiture of the value of the tickets and no refund, rebooking or rerouting option may apply. Your entire tickets will be lost. If You’ve already submitted a request for a refund, take note that your refund may take a little longer than normal to complete due to the sheer number of travelers that may be impacted by the same Force Majeure Event.

We are committed to follow the established policy and try to prescribe an alternative resolution that will suit both sides. Travel Suppliers might offer waivers to cancel, postpone trips or provide a refund to the passengers that might be accessible in case a specific flight that was affected is canceled. If You request any changes and/or modifications caused by force majeure circumstances (e.g. cancellation or modification), in addition to the terms and conditions of the Travel Supplier, our processing fees will apply.

15. Indemnification

You agree to indemnify, defend and hold Our Company its Covered Parties, associates, partners, business partners and/or their respective traders and any of their respective leaders, officers, directors, managers, employees and agents harmless from and against any third party declarations, causes of action, requests, reclamations, losses, injuries, fines, sanctions or other amounts of any kind, including legal and accounting expenses, arising from:

• your exploitation of the Website or Book with KAYAK;
• your infractions of laws or the rights of a third party; or
• your alleged breach of these Terms & Conditions.

16. Related legislation

You should know that any travel in other countries to arrive at Your destination, most probably are subject to the Montreal Convention, or now to the Warsaw Convention and its amendments, also in particular cases can be regulated by Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights. The contract of carriage by a carrier may be limited by these international laws, but both the contract of carriage and these laws limit the liability of the carrier.

17. Notice of contract terms of the travel supplier

1. An airline's individual terms and conditions, related rules, regulations and policies and any applicable costs will apply to Your travel on that airline.
2. If You use more than one airline for your travel the conditions, regulations and any applicable charges may apply to You for each airline.
3. The conditions, regulations and any applicable charges of each airline are, by this notice, incorporated into and made part of your contract of carriage.
4. The conditions may include, but are not restricted to:
   1. Conditions and limits on the airline's responsibilities for the bodily wounds or death of passengers.
   2. Application of the airline's conditions and limits of responsibilities to the acts of the businesses and people, associated with the airline, their supporters and representatives, including anyone, providing services or goods to the airline.
   3. Claims, restrictions, including time limits by which passengers must file claims or bring legal actions against the airline.
   4. Rules about reconfirmations or reservations; check in times; the use, duration and validity of air transportation services; and the airline's right to refuse passengers access to the aircraft.
   5. Rights of the airline and limits on the airline’s responsibilities for delay or failure to achieve a service, including schedule changes, substitution of alternative carriers or aircraft and re-routing, and, when required by applicable law, the obligation of the airline to notify passengers of the identity of the operating carrier or substituted aircraft.
   6. Rights of the airline to refuse access to passengers who fail to comply with applicable laws or who fail to present all necessary travel documents.
5. You can obtain more information about your contract of carriage, and find out how to request a copy, at places where tickets are sold. Many airlines also have this information on their websites. When required by applicable law, you have the right to inspect the full text of your contract of carriage at the airline's airport and sales offices, and upon request, to receive a copy by mail or other delivery service from each airline all free of charge.
6. If a carrier sells air transportation services or checks baggage specifying carriage on another carrier, it does so only as agent for the other carrier.

18. Prohibited items

For safety reasons, dangerous goods must not be packed in checked or cabin (unchecked) baggage except as specifically permitted. Dangerous goods include but are not limited to: compressed gases, corrosives, explosives, flammable liquids and solids, radioactive materials, oxidizing materials, poisons, infectious substances, and briefcases with installed alarm devices. For security reasons, other restrictions may apply. Check with Your carrier. Laws forbid the carriage of dangerous materials aboard aircraft in Your luggage or on Your person.

19. Travel insurance

Travel Insurance is available via Book with KAYAK from third party travel insurance carriers. KAYAK does not provide, own or control any of the travel insurance carriers, and so those carriers are responsible for the insurance You may select to purchase. The travel insurance carrier’s terms and policies apply to Your travel insurance so You must agree to and understand those terms. Your interaction with any travel insurance carrier accessed via Book with KAYAK is at Your own risk; KAYAK does not bear any responsibility should anything go wrong with your travel insurance.