Welcome to Cranky Concierge, a division of Cranky Flier LLC and operator of the web site crankyconcierge.com. By using this Website and/or hiring Cranky Concierge you are agreeing to the following Terms and Conditions. Please read this carefully.

1. General Terms
   1. Definitions
      1. "Cranky" means Cranky Flier LLC, its agents, employees, affiliates and subsidiaries.
      2. "Client" means any person or entity hiring Cranky to provide Services under this agreement, by payment to Cranky or otherwise and any other party traveling with Client who would benefit from the Services.
      3. "Global" means all travel not within the US/Canada as defined below.
      4. "Services" means travel assistance provided by Cranky to the Client as described below.
      5. "Payment" means the amount of money paid to Cranky in exchange for Services. All payments must be made through the PayPal online payment service located at www.paypal.com. Please refer to the PayPal web site for PayPal's terms and conditions and privacy policy.
      6. "Single Trip" means the Client has purchased Services for a single itinerary.
      7. "Subscription" means the Client has entered into a time-based agreement during which Cranky will provide Services for all itineraries during the time period specified.
      8. "Terms and Conditions" refers to these terms and conditions which reflect the agreement between Cranky and the Client. The Terms and Conditions may sometimes be referred to as the "Agreement'.
      9. "US/Canada" means travel within the 50 United States and Canada only.
   2. Cranky reserves the right to modify and/or amend these Terms and Conditions from time to time by written notice to the Client and/or posted on this web site.
   3. Client acknowledges that telephone calls between Cranky and the Client may be recorded and/or monitored.
   
   
   
2. Services
   1. Cranky shall provide the following Services to the Client:
   2. Cranky will provide flight planning and assistance to Clients at different levels depending upon the plans selected.
      1. Single Trip plans will receive assistance Services. If a package that includes travel planning has been purchased, that will be included as well. Travel provider dispute resolution assistance will only be provided if it is requested within 10 days after completion of the trip.
      2. Subscription plans will receive Services on any trips involving airline transportation beginning the day the subscription begins until the day it expires. Services will not be provided after the expiration date for trips that began prior to the expiration date.
   3. Services include the following.
      1. trip planning assistance (if additional fee is paid);
      2. answering pre-departure questions;
      3. searching for alternatives when required due to delays, cancellations, and misconnections ("Irregular Operations");
      4. assistance with other transportation methods if related to Irregular Operations;
      5. guidance in resolving disputes with travel providers.
   4. Cranky is not a travel agent and does not provide airline ticketing services.
   
   
   
3. Cranky Credits
1. "Cranky Credits" are prepaid credits sold at a discount to Clients in packages of 5, 10, and 20.
2. Each Cranky Credit has a value of $25 to be applied toward payment for the Services.
3. Client may not barter or sell Cranky Credits. Cranky Credits that are found to be bartered or sold will not be accepted. Cranky Credits may be gifted.



4. Client's Responsibilities
   1. Services provided by Cranky are expressly for the Client as initially requested, and the Client shall not use the Services for any improper or unlawful or any other purpose. Cranky reserves the right to refuse to provide Services to Client if Cranky determines, in its sole and absolute discretion, that the Services are for any unlawful purpose.
   2. If the Client should request Cranky to use the Client's credit card to pay for Cranky's Services or to pay for goods or services provided by third parties, the Client shall, promptly and upon request, provide written confirmation of its authorization. The Client acknowledges and agrees that Cranky shall have no liability or responsibility to Client whatsoever for using the Client's credit card, provided Cranky acts in accordance with the instructions issued by the Client in relation thereto.
   
   
   
5. Termination
   1. Subscription plans are on a monthly basis and may be terminated at any time with or without cause by either party by written notice to the other. Termination will take effect at the end of the month for which the Client has paid.
   
   
   
6. Warranties and Guaranties; Liability
   1. Cranky warrants to the Client that Cranky shall use good faith to provide the Services using reasonable care and skill and, as far as reasonably possible, in accordance with the Client's requests and instructions from time to time. However, Cranky can make no guarantee, representation or warranty that such assistance will always satisfy the Client. Cranky shall not be liable to the Client in the event Cranky is unable to assist the Client due to circumstances beyond Cranky's control. This includes, but is not limited to:
      1. Lack of availability of alternate airline flights.
      2. Failure of communication methods that prevent Cranky from reaching Client
   2. Cranky shall not be liable to Client or be in default or breach of these Terms and Conditions for any loss, cost, expense, damage or other claims for compensation of any nature whatsoever (whether direct or indirect) (i) resulting from Cranky's performance of the Services (ii) due to the Client's reliance upon any information and/or suggestions provided by Cranky hereunder or any third party; (iii) resulting from requests or instructions provided by Client to Cranky which are incomplete, incorrect, inaccurate or arising from Client's late arrival or non arrival or any other fault of the Client; and/or (iv) by reason of any delay in performing, or any failure to perform, any of Cranky's obligations pertaining to the Services, if the delay or failure was due to any cause beyond Cranky's reasonable control.
   3. Where Cranky supplies the Client with any goods or services supplied by a third party, Cranky does not give any warranty, guarantee, representation or other terms as to the quality, fitness for purpose or otherwise of the goods or services, and the Client shall be required to seek compensation for any loss or damage suffered directly from such third party. Cranky does not and will not provide any warranties, guaranties, representations and/or recommendations pertaining to any of the information and/or suggestions made in the course of providing Services, and the Client is deemed to be responsible for, and shall use its own skill and judgment as to the quality, value and suitability of any such information and suggestions in deciding whether to enter into any agreement with any third party to supply goods or services.
   4. In the event the Client is dissatisfied with the Services performed by Cranky for any reason, the Client shall notify Cranky in writing of the reasons for the Client's dissatisfaction and request a refund, and Cranky will thereupon promptly refund to the Client the Payment made by the Client to Cranky limited as follows:
      1. Single Trips: The Payment made by Client to Cranky relating thereto.
      2. Cranky Credits: Cranky Credits for trip on which refund is request will be redeposited back into the Client account. Cash refund only permitted if request occurs immediately after first use of Cranky Credits and the refund is for the full amount.
      3. Subscriptions: A prorated amount of the monthly subscription charge based on the percentage of time elapsed during the month in which the refund request occurs.
      Cranky shall have no other financial obligation or liability to Client whatsoever.
   
   
   
7. Indemnification
   1. Client agrees to defend and indemnify Cranky, its Members, Affiliates, Managers, employees and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
      1. Client's breach of these Terms and Conditions or the documents referenced herein;
      2. Client's violation of any law or the rights of a third party; or
      3. Client's use of this Website.
   
   
   
8. Links to Third-Party Sites
   1. This Website may contain hyperlinks to websites operated by parties other than Cranky ("Third Party Sites"). Such hyperlinks are provided for your reference only. Cranky does not control such websites and is not responsible for their contents or the privacy or other practices of such websites. Further, to the Client must take precautions to ensure that whatever links Client selects or software Client downloads (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Cranky's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
   
   
   
9. Privacy Statement
   1. This privacy notice discloses Cranky's privacy practices. This privacy notice applies solely to information collected by Cranky and does not pertain to Third Party Sites. Cranky collects the following information ("Personal Information") from Client:
      1. Name
      2. Address
      3. Contact information (phone, email, etc.)
      4. Credit card information
      5. Itinerary details including flight times, confirmation numbers, hotel details, car rental information, etc
   2. Cranky is the sole owner of Personal Information collected. Cranky only has access to collect information that was voluntarily given by the Client via e-mail, telephone or other direct contact. Cranky will not sell or rent this information to anyone.
   3. Cranky will use Client's Personal Information only to provide the Services to Client. Cranky will not otherwise share the Personal Information with any third party.
   4. Unless requested otherwise in writing, Cranky may contact the Client via e-mail in the future to inform Client about specials, new products or services, or changes to this privacy statement.
   5. Client may opt out of any future contacts from Cranky at any time. Client may do this by sending an email to info@crankyconcierge.com with the subject line "Do Not Contact" or via postal mail to the address at the bottom of this agreement.
   
   
   
10. General Matters
    1. All contents of this Website are: ©2009 Cranky Flier LLC - All rights reserved. Cranky Flier LLC is not responsible for content on websites operated by parties other than Cranky. Cranky Flier, Cranky Concierge and the Airplane logo are either registered trademarks or trademarks of Cranky Flier LLC or its Member(s).
    2. Cranky is operated by a U.S. limited liability company, and this Agreement is governed by the laws of the State of California, USA.
    3. All claims and controversies arising under or with respect to these Terms and Conditions or the respective rights and duties of the parties hereunder, shall be submitted to binding arbitration in Los Angeles County, California in accordance with the rules of the American Association of Judicial Arbitration and Medication Services, In. ("JAMS") then in effect. The prevailing party in such arbitration shall be entitled to an award of such party's reasonable costs and attorneys' fees. Judgment may be entered on the award of the arbitrator in any court with jurisdiction in Los Angeles County, California, and the prevailing party shall also be awarded post-arbitration costs and attorneys' fees in this and all subsequent enforcement proceedings. The parties waive their respective rights to appeal the arbitrator's award. To the extent allowed by applicable law, the Client agrees that the Client will initiate any arbitration proceeding arising from or relating to these Terms and Conditions or Client's access or use of this Website within two (2) years from the date on which the claim which is the subject of such arbitration proceeding arises or such claim will be irrevocably waived.
    4. Use of this Website is not authorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including, without limitation, this paragraph.
    5. Cranky's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits Cranky's right to comply with law enforcement or other governmental or legal requests or requirements relating to the Client's use of this Website or information provided to or gathered by Cranky with respect to such use.
    6. If any provision of these Terms and Conditions is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired, these Terms and Conditions being severable.
    7. These Terms and Conditions (and any other terms and conditions referenced herein) constitutes the entire agreement between the Client and Cranky with respect to the Services performed by Cranky and this Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the Client and Cranky with respect thereto. A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in any proceeding based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
    8. Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.
    9. Any rights not expressly granted herein are reserved.
    10. All notices which a party desires to serve upon another party under these Terms and Conditions shall be served by personal delivery (including delivery by recognized overnight carrier) to the respective addresses of the parties or by e-mail to the respective e-mail addresses of the parties (or such successor address or e-mail addresses as may be given by notice); provided however, if the notice is given by e-mail, the sender shall retain written confirmation of the transmission of such notice and shall deposit copy thereof in the regular US Mail postage prepaid on the same date (no certified or registered mail required). Any notice given by e mail shall be deemed given on the day after the date shown on the written confirmation of delivery thereof.
    
    
    
11. Contact Information
    1. If you have any questions or concerns about these Terms and Conditions or if you need further assistance with respect to access to or use of the Website or the Services offered by Cranky, you may contact us as indicated below. We will attempt to respond to your questions or concerns promptly after we receive them.
       
       E-mail
       info@crankyconcierge.com
       
       Telephone
       (707) 797-7474
       
       Mailing address
       Cranky Flier LLC
       PO Box 17982
       Long Beach, CA 90807