Welcome to StareFly ("we," "us," or "our"), a website located at https://starefly.com (the "Website") that provides services for booking flights, hotels, tours, car rentals, and other travel-related services. These Terms of Use ("Terms") govern your access to and use of the Website and our services. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use the Website or our services.

1. Acceptance of Terms

By accessing the Website, creating an account, or making a booking, you confirm that you are at least 18 years old (or the age of majority in your jurisdiction) and have the legal capacity to enter into these Terms. If you are using the Website on behalf of an organization or another individual, you represent that you have the authority to bind them to these Terms.

2. Use of the Website

2.1 Permitted Use

You may use the Website to:

Search for and book flights, hotels, tours, car rentals, or other travel-related services.

Create and manage a user account to store your booking preferences and history.

Access travel-related content, promotions, or recommendations provided by StareFly.

2.2 Prohibited Use

You agree not to:

Use the Website for any unlawful, fraudulent, or unauthorized purpose.

Attempt to access, modify, or interfere with the Website’s systems, data, or security features.

Use automated tools (e.g., bots, scrapers) to extract data from the Website without permission.

Post or transmit harmful content, such as viruses, malware, or defamatory material.

Misrepresent your identity or provide false information during the booking process.

Use the Website to book services for resale or commercial purposes without our express consent.

2.3 Account Responsibilities

If you create an account, you are responsible for:

Providing accurate and up-to-date information, such as your name, email, and payment details.

Maintaining the confidentiality of your account credentials.

Notifying us immediately of any unauthorized access to your account. We reserve the right to suspend or terminate your account if you violate these Terms or engage in suspicious activity.

3. Booking Services

3.1 Booking Process

The Website acts as an intermediary between you and travel providers (e.g., airlines, hotels, tour operators, car rental companies). When you make a booking:

You authorize us to facilitate the transaction and share necessary information (e.g., name, passport details, travel preferences) with the relevant travel provider.

You agree to comply with the terms and conditions of the travel provider, which may include cancellation policies, check-in requirements, or travel restrictions.

All bookings are subject to availability and confirmation by the travel provider.

3.2 Pricing and Payments

Prices displayed on the Website are subject to change until your booking is confirmed.

Additional fees (e.g., taxes, service charges, or provider fees) may apply and will be disclosed during the booking process.

You are responsible for providing valid payment information. Payments are processed securely through third-party payment processors, and we do not store your full payment details.

3.3 Cancellations and Refunds

Cancellations and refunds are subject to the policies of the travel provider (e.g., airline, hotel, or car rental company). We will provide details of these policies during the booking process.

Some bookings may be non-refundable or subject to cancellation fees, as determined by the travel provider.

We are not responsible for refunds or compensation for cancellations due to circumstances beyond our control, such as flight delays, weather events, or provider policies.

3.4 Travel Documentation

You are responsible for ensuring that you have all necessary travel documentation (e.g., passports, visas, health certificates) required for your trip. We are not liable for any issues arising from incomplete or invalid documentation.

4. Intellectual Property

All content on the Website, including text, images, logos, designs, and software, is owned by or licensed to StareFly and is protected by copyright, trademark, and other intellectual property laws. You may not:

Copy, distribute, or modify any content without our prior written consent.

Use our trademarks, logos, or branding for any purpose without permission.

Reverse-engineer or attempt to extract the source code of the Website.

You are granted a limited, non-exclusive, non-transferable license to access and use the Website for personal, non-commercial purposes, subject to these Terms.

5. Third-Party Services and Links

The Website may contain links to third-party websites or services, such as airline booking portals, hotel websites, or payment processors. We are not responsible for:

The content, accuracy, or availability of third-party websites.

The terms, policies, or practices of third-party services.

Any issues arising from your use of third-party services, including bookings made through their platforms.

You should review the terms and policies of any third-party services you access through our Website.

6. Limitation of Liability

To the fullest extent permitted by law:

The Website and our services are provided "as is" without warranties of any kind, express or implied, including warranties of accuracy, reliability, or fitness for a particular purpose.

We are not liable for any indirect, incidental, consequential, or punitive damages arising from your use of the Website or services, including but not limited to loss of profits, data, or travel opportunities.

We are not responsible for errors in booking details, travel provider policies, or disruptions caused by third parties (e.g., airlines, hotels, or tour operators).

Our total liability for any claim related to these Terms or the Website shall not exceed the amount you paid for the specific booking giving rise to the claim.

7. Indemnification

You agree to indemnify and hold StareFly, its affiliates, and their respective officers, directors, employees, and agents harmless from any claims, losses, or damages (including legal fees) arising from:

Your violation of these Terms.

Your use or misuse of the Website or services.

Your provision of inaccurate or fraudulent information during the booking process.

8. Termination

We reserve the right to suspend or terminate your access to the Website or services at our discretion, with or without notice, if you:

Violate these Terms.

Engage in fraudulent, abusive, or unlawful behavior.

Fail to comply with travel provider policies or legal requirements.

Upon termination, your right to access the Website and make bookings will cease, but any completed bookings will remain subject to the applicable travel provider’s terms.

9. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, USA, without regard to its conflict of law principles. Any disputes arising from these Terms or your use of the Website shall be resolved through:

Negotiation: You agree to first attempt to resolve disputes informally with us.

Binding Arbitration: If negotiation fails, disputes will be resolved through binding arbitration in [Insert Jurisdiction], conducted by a neutral arbitrator under the rules of the American Arbitration Association. You waive any right to participate in a class action lawsuit or class-wide arbitration.

10. Changes to These Terms

We may update these Terms to reflect changes in our services, legal requirements, or operational practices. We will notify you of significant changes by posting the updated Terms on the Website with a revised "Last Updated" date. Your continued use of the Website after such changes constitutes your acceptance of the updated Terms.

11. Miscellaneous

Entire Agreement: These Terms, along with our Privacy Policy and Cookies Policy, constitute the entire agreement between you and StareFly regarding your use of the Website.

Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

No Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a business transfer or merger.