Terms and Conditions

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Last Updated: may 23,2020

Please read these terms and conditions of use carefully before accessing, using or obtaining any materials, information, products or services. By accessing the TripGuide website, mobile or tablet application, or any other feature or other TripGuide 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 'TripGuid' refer to TripGuide Software Corporation, 'your' refers to you, the user of Our Website.

THESE TERMS INCLUDE AN ARBITRATION CLAUSEHT TO PAIN A CLASS ACTION OR REPRESENTATIVE LAWSUIT.

We may modify these Terms for any reason rights and obligations that arose prior to such changes.

Your continued use of Our Website following tf your use. Please review these Terms periodically for changes.

If you object to any provision of these your only recourse is to immediately terminate use of Our Website.

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Our Website is a travel search engine. Tripguid 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.

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 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.

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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, TripGuide has no responsibility for the booking or the Travel Product because TripGuide 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.

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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.

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.

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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.

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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

9. 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.

10. 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.

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:

Tripguide Software Corporation

7 Market Street

Stamford, CT 06902

USA

Last updated: 17 September 2019

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