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 the same.
In order to use Our website or our services, products:
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.
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.
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.
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.
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.
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.
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 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. While some airlines may allow free cancellation within 24 hours after the ticket issuance, this possibility is limited for specific airfares and ticket types. 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 if 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.
Voluntary cancellation by passengers
We understand that travel plans can often change. If You wish to cancel Your booking, depending on Your ticket policy, You may be eligible for a partial refund.
Ticket cancellation must be done at least 24 hours prior to the scheduled departure time. Passengers holding tickets that were not canceled prior to the departure, passengers who did not show up for the flight or did not board after the check-in process, might not be eligible for a refund.
Refunds must be requested only within the ticket validity period and are only possible if/should the fare rules of the purchased ticket permit it. If You purchased a discounted fare, this may be partially or completely non-refundable.
For partially used tickets, the refundable amount will be recalculated according to the unused sector and only if the airline policy allows. If there is no ticket value left, the unused tax (if any) will be refunded.
If Your ticket is not eligible for a refund, We will offer You alternative options according to the fare rules of your ticket (e-credit or exchange if available).
When refunding the ticket, additional flight services purchased from third parties (e.g. insurance, airport transfer) are not canceled automatically. To cancel these services, please request them directly from the third-party provider of the specific service.
Schedule changes and involuntary cancellation
If the airline company cancels a flight or fails to operate it according to the originally scheduled time, You will have the possibility to choose one of the offered alternatives for Your travel arrangements. We will ensure that You are notified of any significant changes once We become aware of them and We accept no liability for any changes or costs incurred that may result.
You will have the choice of accepting the change of timing or a new travel arrangement offered by the airline. If the changes are not acceptable, You might have the possibility to apply for a refund in accordance with the conditions of carriage. In case You are eligible for a refund, Our processing fee applies, as well as the deduction of non-refundable fees.
Applicable surcharges in case of cancellation
The ability to refund Your ticket is subject to the rules of the ticketed fare and specific terms and conditions of the airline company, therefore administrative fees and penalties may apply.
Our services are provided in full by Our agents. By services We mean processing any requests made by You to cancel, change or refund Your ticket. For these services offered by Our company via Our service center, social media, or all other channels, a processing fee of $100 applies. All penalties and fees are calculated per ticket.
Processing fee for customers holding tickets with a Support Package included will be charged in accordance with the type of Package purchased.
Administrative Fees, tips, and/or Support Packages are considered non-refundable charges. Also, any applicable airline penalty or cancellation fee is non-refundable by default and will be deducted from the amount to be returned to You.
We have no influence and therefore cannot be held liable for the outcome of the cancellation/change/refund process, which is the total discretion of the airlines. Nevertheless, the processing fee paid to process Your request, which is not the airline’s fee to cancel/change/refund the ticket, is a service provided by Our company and cannot be returned.
Refund processing time
In most cases, the refundable amount will be credited back to the original method of payment; however, there are exceptional situations in which tickets will be refunded via alternative methods such as check or PayPal. We will issue refunds for eligible tickets within 20 business days for credit/debit card purchases, but please note that this does not include Your own bank processing time.
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:
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:
“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.
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.
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 [email protected] 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:
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.
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):
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.
Types of travel services You may be able to select when booking:
Allows You to cancel now and book new travel at a later date once You are ready to travel again. New dates must be within the Travel Suppliers’s requirements, which usually consist of a rebooking deadline or travel-must-commence-by date. These are typically one (1) year after the date of purchase. This is the preferred and faster option as per the Travel Supplier’s rules and policies, as not all Travel Suppliers allow for a refund option.
Some Travel Suppliers will waive their penalty fees to allow You to book new flights. New travel services are subject to the Travel Supplier’s restrictions and fare difference. Changes are only allowed for unused travel services. When You request to change your travel service with Us, We will handle fulfilling Your request with the Travel Supplier on Your behalf.
If You cannot change your travel services or dates, You may be entitled to a refund. Some Travel Suppliers allow some tickets to be refunded even if you purchased non-refundable tickets. Refunds are usually only available for unused travel services. When You request a refund with Us, We will cancel Your booking and will handle fulfilling Your request with the Travel Supplier on Your behalf.
We will provide refunds based on the circumstances of the case, and only when the following conditions are met:
(i) the Travel Supplier cancels or significantly changes a flight,
(ii) the Travel Supplier acknowledges that a consumer is entitled to a refund, and
(iii) passenger funds are possessed by KAYAK or KAYAK’s third party service provider.
If these conditions aren’t met, KAYAK or its third party service provider will not make any refunds. In these cases, the obligation to provide a refund, according to DOT Enforcement Notices, belongs to the airlines, carriers or Travel Supplier.
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:
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.
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.
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.
Our Company’s contact address:
2093 Philadelphia Pike #2255
Claymont, DE 19703