{"service":{"name":"KAYAK","url":"https://www.kayak.de/terms-of-use","lang":"ENG","sector":"Travel","hq":"US","hq_category":"US","is_public":"Indirectly public","is_paid":"Free","date":"17.09.2019"},"document":{"title":"","text":"Please read these terms and conditions of use carefully before accessing, using or\nobtaining any materials, information, products or services. By accessing the KAYAK\nwebsite, mobile or tablet application, or any other feature or other KAYAK platform\n(collectively, 'Our Website'), you agree to be bound by these terms and conditions\n('Terms') and our Privacy Policy. If you do not accept all of these Terms, then you may not\nuse Our Website. In these Terms, 'we', 'us', 'our' and 'KAYAK' refer to KAYAK Software\nCorporation, and 'you' and 'your' refers to you, the user of Our Website.\nTHESE TERMS INCLUDE AN ARBITRATION CLAUSE AND A WAIVER OF YOUR RIGHT\nTO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT.\nWe may modify these Terms for any reason—at any time—by posting a new version on\nOur Website; these changes do not affect rights and obligations that arose prior to such\nchanges. Your continued use of Our Website following the posting of modified Terms will\nbe subject to the Terms in effect at the time of your use. Please review these Terms\nperiodically for changes. If you object to any provision of these Terms or any subsequent\nmodifications to these Terms or become dissatisfied with Our Website in any way, your\nonly recourse is to immediately terminate use of Our Website.\n1. We do not sell travel products\nOur Website is a travel search engine. KAYAK does not provide, own or control any of the\ntravel services and products that you can access through Our Website, such as flights,\naccommodations, rental cars, packages, or travel insurance (the 'Travel Products'). The\nTravel Products are owned, controlled or made available by third parties (the 'Travel\nProviders') either directly (e.g., airline) or as an agent (e.g., online travel agency). The\nTravel Providers are responsible for the Travel Products. The Travel Provider’s terms and\nprivacy policies apply to your booking, so you must agree to and understand those terms.\nFurthermore, the terms of the actual travel provider (airline, hotel, tour operator, etc.)\napply to your travel, so you must also agree to and understand those terms. Your\ninteraction with any Travel Provider accessed through Our Website is at your own risk;\nKAYAK does not bear any responsibility should anything go wrong with your booking or\nduring your travel.\nThe display on Our Website of a Travel Product or Travel Provider does not—in any way—\nimply, suggest, or constitute a recommendation by KAYAK of that Travel Product or Travel\nProvider, or any sponsorship or approval of KAYAK by such Travel Provider, or any\naffiliation between such Travel Provider and KAYAK.\nKAYAK hosts content, including prices, made available by or obtained from Travel\nProviders. KAYAK is in no way responsible for the accuracy, timeliness or completeness\nof such content. Since KAYAK has no control over the Travel Products and does not verify\nTerms & Conditions\n\nthe content uploaded by the Travel Providers, it is not possible for us to guarantee the\nprices displayed on Our Website. Prices change constantly and additional charges (e.g.,\npayment fees, services charges, checked-in luggage fees, local taxes and fees) may\napply, so you should always check whether the price asked for a booking is the one you\nexpected. More details here. Some Travel Products may also be sold in another currency\nthan the one preset or chosen by you for the display of the search results. Our currency\nconversion is for informational purposes only and should not be relied upon as accurate\nor real-time; actual rates may vary, and your payment provider (e.g., your credit card\ncompany) may charge conversion fees and apply another date’s currency rate.\n2. Booking through KAYAK\nIf you make a booking through Our Website for Travel Products, that booking is made\nwith the Travel Provider named on the booking page and Our Website only acts as a user\ninterface. Accordingly, KAYAK has no responsibility for the booking or the Travel Product\nbecause KAYAK has no involvement in creating the description of the Travel Product, in\ndefining the price and any fees, or in providing the Travel Products that you book. If you\nhave any issues or disputes with your booking and/or the Travel Product, you agree to\naddress and resolve these with the Travel Provider and not with us.\n3. Intellectual property\nWe, along with our corporate affiliates, the Travel Providers and other licensors, own all of\nthe text, images, software, trademarks, service marks and other material contained on\nOur Website. You will not copy or transmit any of the material except if you are doing so\nfor your personal, non-commercial use. All copyright, trademark and other proprietary\nrights notices presented on Our Website must appear on all copies you print. Other non-\nKAYAK product, service, or company designations on Our Website belong to those\nrespective third parties and may be mentioned in Our Website for identification purposes\nonly. You should contact the appropriate third party for more complete information\nregarding such designations and their registration status. Your use of and access to Our\nWebsite does not grant you any licence or right to use any of the marks included on Our\nWebsite.\n4. Use of Our Website\nYou may only use and register to become a user of Our Website or Trips if you are of\nsufficient legal age and can enter into binding contracts. If you become a registered user\nor make a booking resulting in the creation of a Trips account, you are responsible for\nmaintaining the secrecy of your passwords, login and account information. You will be\nresponsible for all use of Our Website by you, anyone using your password and login\ninformation (with or without your permission) and anyone who you allow to access your\ntravel itineraries. All information that you provide to us must be accurate and up-to-date.\nIf any of your information changes, you must immediately update it. If you have reason to\nbelieve that your account is no longer secure (e.g., loss, theft or unauthorised disclosure\n\nor use of your information or computer or mobile device used to access Our Website),\nyou must promptly change your Personal information that is affected.\nIf you decide to have messages or other communications from Our Website sent directly\nto your mobile device, you are solely responsible for keeping us updated with your\ncurrent phone number, respectively updating to the latest version of the mobile app, and\nfor any charges incurred by receiving such messages. We will not be liable for information\nsent to a device that is associated with your outdated mobile phone number or using an\noutdated mobile app. If you install any software or enable any service that stores\ninformation from Our Website on any mobile device or computer, it is your responsibility,\nprior to transfer or disposal of such device, to remove your information or otherwise\ndisable access to such software or service in order to prevent unauthorised access to\nyour information or account.\nYou may only use Our Website to search for legitimate travel deals; you may not use Our\nWebsite to make any false, fraudulent or speculative reservation or any reservation in\nanticipation of demand. By using Our Website, you agree to comply with laws that apply\nto the United States and your own country, including laws that apply to exporting\ntechnical data.\nIn addition, you agree not to do any of the following without prior express written\npermission from KAYAK:\n(i) access the site with any manual or automated process for any purpose other than your\npersonal use or for inclusion of KAYAK pages in a search index. Use of any automated\nsystem or software to extract data from Our Website ('screen scraping'), for commercial\nor non-commercial purposes, is prohibited;\n(ii) violate the restrictions in any robot exclusion headers on Our Website or bypass or\ncircumvent other measures employed to prevent or limit access to Our Website;\n(iii) deep-link to any portion of Our Website for any purpose;\n(iv) use any device, software or routine that interferes or attempts to interfere with the\nnormal operation of Our Website or take any action that imposes an unreasonable load on\nour computer or network equipment;\n(v) reproduce, duplicate, copy, sell, trade, resell or exploit Our Website;\n(vi) use any feature of Our Website for any purpose that is unlawful, harmful, or otherwise\nobjectionable or inappropriate, as determined by us;\n(vii) post or distribute any material on Our Website that violates the rights of any third\nparty or applicable law;\n(viii) use Our Website to collect or store personal data about others;\n\n(ix) use Our Website for any commercial purpose; or\n(x) transmit any ad or promotional materials on Our Website\nWe may, at our sole discretion, at any time and without advance notice or liability,\nsuspend, terminate or restrict your access to any or all component(s) of Our Website.\nFurthermore, you can always delete your account here.\nYou further agree not to:\nCircumvent, disable or otherwise interfere with security-related features of Our Website or\nfeatures that prevent or restrict use or copying of any content or enforce limitations on the\nuse of Our Website or any content on the Website;\nImpersonate any person or entity, or otherwise misrepresent Your affiliation with a person\nor entity;\nIntentionally or unintentionally violate or encourage others to violate any applicable law,\nstatute, ordinance or regulation;\nProvide false or deceptive information;\nSolicit personal information from anyone;\nDelete, add or otherwise change other people’s User Content;\nRemove or alter any copyright or other proprietary notices on or in connection with any\ncontent on the Website;\nPublicly disparage anyone or any User Content;\nPublish or post threats of violence, or promote or encourage others to engage in violence\nor illegal activity.\nPlease report abusive content to TermsofuseAbuse@kayak.com if you see it.\n5. Trips\nIf you use Trips, you are solely responsible for the travel information and other content\nthat you upload, transmit or share with us or others on or through Trips (collectively, the\n'Trips Information'), and you represent and warrant that you are not transmitting or\nsharing Trips information that you do not have permission to share. It is your job to create\nbackup copies and replace any Trips information you provide us with at your expense.\nWhen you provide us with Trips information or make a booking through KAYAK, you\nauthorise us to make copies as we deem necessary in order to facilitate the storage and\nassimilation of the Trips information. By providing us Trips information, you represent and\nwarrant that you have the right to give us an irrevocable, perpetual, non-exclusive,\ntransferable, fully-paid, worldwide licence (with the right to freely sublicense) to use, copy,\nmodify, reformat, translate, syndicate and distribute that Trips information that we receive\nfrom you for any purpose, including business, commercial, marketing, advertising, or\notherwise, and to prepare derivative works of (or incorporate into other works) that Trips\ninformation. You may remove your Trips information from Trips at any time, but the licence\nthat you have granted will remain in effect. You understand that we do not control nor are\n\nwe responsible for reviewing Trips information. However, we reserve the right to review,\nedit, or delete any Trips information or your account at any time.\n6. Your intellectual property rights\nWe respect the intellectual property rights of others and we prohibit users from uploading,\nposting or otherwise transmitting on Our Website or otherwise through Trips any materials\nthat violate another person's intellectual property rights. If you believe that your\ntrademark or copyright rights have been violated, please send us a written notification to\nthe address disclosed in Section 14.\n7. Warranty disclaimer\nOur Website, all content and services provided on Our Website and all itineraries that you\nobtain through Trips are provided on an 'as-is' and 'as available' basis. Our content is\nlargely generated in an automated fashion; errors can and do happen. We usually have\nmany search results, but we are not comprehensive and do not display all available\nproviders and offers. Accordingly, we do not always display the lowest available price.\nKAYAK expressly disclaims—to the fullest extent permissible—all warranties of any kind,\nwhether express or implied, including, but not limited to, any implied warranties of\nmerchantability, fitness for a particular purpose, title, non-infringement, and security and\naccuracy, as well as all warranties arising by usage of trade, course of dealing, or course\nof performance.\n8. Our liability is limited\nWe (together with our officers, directors, employees, representatives, shareholders,\naffiliates, and providers), to the extent permitted by law, hereby expressly exclude any\nresponsibility and liability for (a) any loss or damages to, or viruses that may infect, your\ncomputer equipment or other property as the result of your access to Our Website, your\ndownloading of any content from Our Website or your use of Trips or (b) any injury; death;\nloss; claim; act of god; accident; delay; or any direct, special, exemplary, punitive,\nindirect, incidental or consequential damages of any kind (including—without limitation—\nlost profits or lost savings), whether based in contract, tort, strict liability or otherwise,\nthat arise out of or is in any way connected with: (i) any use of Our Website, Trips or our\ncontent; (ii) any failure or delay (including—without limitation—the use of or inability to use\nany component of this Website for reservations or booking); or (iii) the performance or\nnon-performance by us or any Travel Provider, even if we have been advised of the\npossibility of damages to such parties or any other party. Some states or countries do not\nallow this limitation of liability, so the limitations above may not apply or apply only\npartially to you.\n9. You agree to protect us\nSubject to these Terms, you will defend, indemnify and hold us and each of our officers,\ndirectors, employees and agents harmless from and against any claim, cause of action,\nliability, expense, loss or demand, including—without limitation—reasonable legal and\naccounting fees, arising out of, or in any way connected with your breach of these Terms\n\nor the agreements made part of these Terms by reference, your breach of any applicable\nlaw, and your use of or access to Our Website, Trips or the Intellectual Property.\n10. Links\nOur Website may contain links to other websites that we do not operate or control and for\nwhich we are not responsible ('Other Websites'). We provide these links for your reference\nand convenience and do not endorse the contents of Other Websites and accept no\nresponsibility for them or for any loss or damages that may arise from your use of them.\nYou should refer to the separate terms of use, privacy policies, and other rules posted on\nOther Websites before you use them. You agree not to create a link from any website,\nincluding any website controlled by you, to Our Website.\n11. Air carrier rules\nThe circumvention of an air carrier's rules, including practices such as back-to-back\nticketing (purchasing two or more tickets with overlapping travel dates in order to\ncircumvent minimum stay requirements) and hidden-city ticketing (purchasing tickets\nincluding segments which the purchaser does not intend to use in order to circumvent an\nair carrier's pricing structure), is prohibited by many air carriers. The use of prohibited\nticketing practices may result in the air carrier taking actions, including the cancellation of\nthe ticket, denied boarding, revocation of frequent flier miles and other benefits,\nadditional charges to the purchaser's credit card, additional charges collected at the\nairport, or future invoicing.\n12. Hacker Fare\nIn the case of a Hacker Fare, Our Website displays search results for a combination of\nTravel Products (e.g., separate flight and hotel results, or two one-way flights, instead of a\nreturn trip). If you use these search results, you will make two different bookings with\ndifferent rules and policies (for example, for baggage fees, change fees, and refunds). Any\nchanges made to one of your bookings will not affect the other booking (for example, if\nyour initial flight is cancelled by either you or the airline, the other airline with which you\nbooked your return flight is not obligated to issue a refund or change your itinerary). If you\nare travelling internationally, you may need to provide proof that you have a return flight at\ncheck-in and at immigration.\n13. General requirements\nWe may change the site and these Terms at any time, in our sole discretion and without\nnotice to you. You are responsible for remaining knowledgeable about these Terms. Your\ncontinued use of the site constitutes your acceptance of any changes to these Terms and\nany changes will supersede all previous versions of the Terms. Unless otherwise specified\nherein, all changes to these Terms apply to all users, including those enrolled before the\ndate the changes take effect. Furthermore, we may terminate this agreement with you\nunder these Terms at any time by notifying you in writing (including by email) and/or, if you\nare a registered user, by cancelling your account and your access to your account.\n\nNothing contained in these Terms will be deemed to constitute either party as the agent\nor representative of the other party, or both parties as joint venturers or partners for any\npurpose. You may not assign, delegate or transfer your rights or obligations under these\nTerms. We may assign our rights and duties under these Terms without such assignment\nbeing considered a change to the Terms and without notice to you, provided your rights\nunder these Terms are not prejudiced. One or more patents may apply to this site and to\nthe features and services accessible via the site, including—without limitation—United\nStates Patent Numbers: 8,095,536; 7,979,457; 7,917,387; 7,774,331; 7,668,811;\n7,668,809; 7,627,606; 7,587,678; 7,483,883; and 6,529,908.\nIf we fail to act with respect to your breach or anyone else's breach on any occasion, we\nare not waiving our right to act with respect to future or similar breaches. If a court finds\nany of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest\nextent permitted by applicable law and the other Terms will remain valid and enforceable.\nThese Terms, together with those agreements made a part of these Terms by reference,\nmake up the entire agreement between us relating to your use of Our Website, including\nTrips, and replace any prior understandings or agreements (whether oral or written)\nregarding your use of Our Website.\nTo the extent permitted by law, the laws of Switzerland, without regard to its conflict of\nlaws rules, will govern these Terms, as well as your and our observance of them and any\ndispute or claim arising out of or in connection with them or their subject matter (including\nnon-contractual disputes or claims). If you take any legal action relating to your use of\nOur Website, including Trips, or these Terms, or our services, you agree to file such action\nonly in the courts of Zurich, Switzerland; if you are a consumer, the law may allow you to\nbring proceedings also in the courts for the place where you are domiciled, as well as to\nhave recourse to rights provided by the consumer protection laws of such place. In any\nsuch action or any action we may initiate, the prevailing party will be entitled to the extent\npermitted by law to recover all legal expenses incurred in connection with the action,\nincluding but not limited to costs, both taxable and non-taxable, and reasonable attorney\nfees. To the extent permitted by law, you agree that any disputes, claims and causes of\naction arising out of or connected with Our Website and/or these Terms, will be resolved\nindividually, without resort to any form of class action.\n14. Your feedback\nWe encourage you to share your comments and questions with us here, but we may not\nbe able to respond to all of them. Please note that we assume no responsibility for\nreviewing unsolicited ideas for our business (like product or advertising ideas) and will not\nincur any liability as a result of any similarities between those ideas and materials that\nmay appear in future KAYAK products or services. Also, please remember that you are\nresponsible for whatever material you submit, including its reliability, originality, and\ncopyright. Please do not reveal trade secrets or other confidential information in your\nmessages. Any and all rights to materials submitted to us become the exclusive property\nof KAYAK. Furthermore, by submitting Feedback, you are granting us an irrevocable,\n\nperpetual, non-exclusive, transferable, fully-paid, worldwide license (with the right to\nfreely sublicense) to use, copy, modify, publicly perform, publicly display, reformat,\ntranslate, syndicate, republish, excerpt (in whole or in part) and distribute Feedback we\nreceive from you for any purpose, including business, commercial, marketing, advertising,\nor otherwise.\nLegal notices\nGoogle Play and the Google Play logo are trademarks of Google LLC. Apple, the Apple\nlogo, iPhone and iPad are trademarks of Apple Inc., registered in the U.S. and other\ncountries and regions. App Store is a service mark of Apple Inc.\nOur Website is operated by:\nKAYAK Europe GmbH\n\nFraumünsterstrasse 16\n\n8001 Zürich\n\nSwitzerland\nLast updated: 17 September 2019\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":-1,"explanation":"The ToS forbids the user to be in a group of people collectively filing a lawsuit as one party in civil proceedings."},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":-1,"explanation":"When the company reserves the right to delete a user’s account without serious grounds or a notice period. By serious grounds we understood situations, where activity of the user was clearly illegal or violated crucial provisions of ToS. The notice period should be reasonably long, to allow the user preparation for termination of contract."},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":-1,"explanation":"When a company reserves a right to delete all content put in the service by the user without restrictions"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":-1,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds or a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":-1,"explanation":"ToS contains an IP license to the content put in the service by the user that neither states explicitly that it is needed to perform the service nor explains other purposes for using user's content"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]}