LEGAL
Terms of Service
Blackthorn, a brand of Cranky Flier LLC
Welcome to Blackthorn, a brand of Cranky Flier LLC (“Blackthorn,” “we,” “us,” or “our”). Before we begin working together, we ask that you review the following Terms of Service carefully, as they govern your use of our services.
THESE TERMS FORM A BINDING AGREEMENT BETWEEN YOU (OR THE ENTITY YOU REPRESENT) AND BLACKTHORN. BY USING OUR SERVICES, YOU AGREE TO THESE TERMS. THESE TERMS INCLUDE A MANDATORY INDIVIDUAL ARBITRATION PROVISION, WHICH REQUIRES DISPUTES TO BE RESOLVED THROUGH ARBITRATION RATHER THAN JURY TRIALS.
Privacy of Your Information
Any personal information submitted in connection with your use of our services is subject to our Privacy Policy.
Our Services
Subject to payment of applicable charges, Blackthorn provides travel planning, coordination, and support services as described on our website or otherwise communicated to you.
We will provide our services in good faith, using reasonable care and skill, and in accordance with your requests and instructions to the extent reasonably possible. However, we do not guarantee that our services will always meet your expectations or achieve specific outcomes.
There may be circumstances beyond our control that limit our ability to assist you, including but not limited to:
lack of availability of flights or other travel arrangements
failure of communication methods
your failure to follow recommendations or instructions
late arrival or non-arrival for scheduled services
All travel services are ultimately provided by third-party suppliers. Blackthorn is not responsible for the conduct, actions, or decisions of these suppliers.
Money Back Commitment
We want you to feel confident in the services we provide. If you are dissatisfied with a service, we may refund the amount paid to Blackthorn (excluding third-party costs), provided that:
you followed our instructions related to the service
your request is submitted in writing within thirty (30) days after completion of travel
you provide requested documentation and explanation
the request is made in good faith and not for fraudulent or deceptive purposes
you are otherwise in compliance with these Terms
We will review the request and either issue a refund or provide an explanation. While we aim to be fair and reasonable, our determination will be final under these Terms, subject to the dispute resolution provisions below.
Your Responsibilities
By engaging our services, you agree that:
You will use our services only for lawful and proper purposes
You are at least 18 years of age, or are acting on behalf of a minor and accept full responsibility
You are responsible for all payments, including our charges and third-party charges
You will ensure all information you provide is accurate and complete
You will review all confirmations, itineraries, and documents promptly
If you authorize us to use your credit card for travel arrangements or services, you confirm that you have authority to do so and accept responsibility for all charges. Blackthorn is not liable for charges made in accordance with your instructions.
Telephone calls may be recorded or monitored for quality assurance.
You are responsible for any equipment, services, or charges required to access and use our services.
You agree not to use our services for fraudulent, deceptive, competitive, or data collection purposes without our prior written consent.
Bookings, Payments, and Taxes
All pricing is subject to availability and may change until confirmed.
You are responsible for all taxes associated with your purchases, excluding taxes on our income. All payments are due upon receipt unless otherwise agreed and are payable in U.S. dollars.
Changes to Services or Terms
We may revise our services or these Terms at any time by posting updates. Changes will become effective thirty (30) days after posting. Continued use of our services after that time constitutes acceptance of the updated Terms.
We reserve the right to refuse or discontinue service at any time.
Third-Party Suppliers and Sites
Blackthorn works with independent third-party suppliers. We do not control and are not responsible for their services, actions, or policies.
Our website may include links to third-party sites. We do not endorse or control those sites and are not responsible for their content or practices.
Travel Requirements
You are responsible for ensuring compliance with all travel requirements, including passports, visas, health documentation, and entry restrictions. Requirements may change at any time.
Disruptions and Operational Changes
Travel is inherently subject to disruption. Airlines, hotels, and other suppliers control schedules, availability, and operations.
While we assist in managing disruptions where possible, we cannot guarantee outcomes related to delays, cancellations, missed connections, or other operational issues.
Warranty Disclaimer
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, BLACKTHORN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS.
BLACKTHORN’S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID TO US FOR THE SERVICES GIVING RISE TO THE CLAIM.
Termination
You may terminate services at any time. Service charges paid are non-refundable except as outlined above.
We may terminate or suspend services at any time. If we do so, we will refund any unused portion of service charges paid to us, excluding third-party costs.
Miscellaneous
Entire Agreement
These Terms constitute the entire agreement between you and Blackthorn.
Severability
If any provision is found unenforceable, the remaining provisions remain in effect.
Waiver
Failure to enforce any provision does not waive our rights.
Notice
Notices may be provided via email or other written communication.
No Agency
Nothing in these Terms creates a partnership, joint venture, or agency relationship.
Governing Law
These Terms are governed by the laws of the State of California, without regard to conflict of law principles.
Arbitration
PLEASE READ THIS SECTION CAREFULLY.
You agree to first attempt to resolve any dispute with us informally.
If a dispute cannot be resolved within sixty (60) days, it will be resolved through binding arbitration in Los Angeles County, California, under the rules of JAMS then in effect.
If you are an individual, you may be eligible for fee waivers and recovery of certain costs. If you are a commercial entity, the prevailing party may recover reasonable costs and attorneys’ fees.
You may bring claims in small claims court where permitted.
Questions About These Terms?
If you have any questions about these Terms of Service, please reach out to us at:
213.371.3332