These Terms & Conditions (“Terms”) govern the use of the services provided or arranged by BlackWay Car Service LLC (“BlackWay,” “we,” “us,” or “our”). By requesting, booking, or using transportation arranged through BlackWay, you (“Customer,” “you,” or “your”) agree to these Terms.
1.Company Information
BlackWay Car Service LLC
Montana Limited Liability Company
1001 S Main Street, Ste 500
Kalispell, MT 59901-5635
Phone: (646) 435-1836
Email: info@blackwaycarservice.com
2.BlackWay’s Role
BlackWay Car Service LLC operates as a transportation broker, booking service, and dispatch/coordination service.
BlackWay arranges transportation by connecting Customers with independent transportation providers, chauffeurs, and/or transportation companies (“Operators”).
BlackWay does not employ the chauffeurs providing transportation and does not own, operate, or maintain the vehicles used to provide transportation services. The actual transportation service is performed by the assigned independent Operator.
BlackWay is responsible for coordinating the booking and transportation arrangement but does not control the Operator’s vehicle operation, driving decisions, or manner of providing transportation.
3.Independent Transportation Providers
All Operators engaged to provide transportation through BlackWay operate as independent businesses and are not employees, agents, partners, or joint venturers of BlackWay.
Each Operator is independently responsible for:
- Maintaining all required licenses, permits, registrations, and certifications;
- Maintaining legally required commercial automobile and passenger liability insurance;
- Maintaining and operating its vehicles in accordance with applicable laws;
- Providing qualified and properly licensed chauffeurs;
- Safe operation of the vehicle;
- Compliance with applicable federal, state, and local laws and regulations; and
- Claims or liabilities arising from the Operator’s vehicle operation or transportation services, subject to applicable law.
4.Reservations and Booking Information
Customers are responsible for providing accurate and complete booking information, including:
- Passenger name and contact information;
- Pickup and drop-off locations;
- Date and requested pickup time;
- Flight information when applicable;
- Number of passengers;
- Luggage requirements;
- Child-seat requirements; and
- Any special requests or transportation requirements.
BlackWay may rely on the information provided by the Customer when arranging transportation.
Changes to a reservation may be subject to availability, additional charges, or the applicable cancellation policy.
5.Customer and Driver Communication
Customers make reservations and transportation arrangements through BlackWay.
Once an Operator has been assigned and the trip is underway, the Customer may communicate directly with the assigned chauffeur regarding pickup coordination, location, or other immediate transportation matters.
Customers should ensure that the contact information provided during booking is accurate and that their phone is available around the scheduled pickup time.
6.Services
BlackWay may arrange a variety of transportation services, including but not limited to:
- Airport transportation;
- Corporate and business transportation;
- Hourly transportation;
- Wedding transportation;
- City-to-city transportation;
- Night-out transportation;
- Point-to-point transportation; and
- Other private transportation services.
Availability of specific vehicles and services is subject to location, date, vehicle availability, Operator availability, and applicable requirements.
7.Payment
Payments may be processed through Stripe or another payment method made available by BlackWay.
Customers may be provided with a secure payment link, checkout page, or other electronic payment method. When necessary, BlackWay may accept payment information by telephone.
By providing payment information, the Customer authorizes BlackWay and/or its payment processor to process the applicable charges associated with the reservation.
The Customer is responsible for providing accurate billing and payment information.
Additional charges may apply for waiting time, additional stops, requested services, vehicle damage, excessive cleaning, child seats, pets, or other charges disclosed to the Customer.
8.Cancellation and Refunds
Cancellations and refunds are governed by the cancellation terms applicable to the reservation.
The applicable cancellation conditions, deadlines, and potential charges may vary depending on the service, booking type, vehicle, Operator, and reservation terms provided at the time of booking.
Where a refund is approved, BlackWay will process the refund through the applicable payment method or payment processor.
Refund processing times may depend on the Customer’s bank or payment provider.
9.Airport Pickup and Waiting Time
BlackWay includes flight tracking for applicable airport reservations when accurate flight information is provided.
For airport pickups:
- Domestic flights: 45 minutes of complimentary waiting time after the flight has landed.
- International flights: 60 minutes of complimentary waiting time after the flight has landed.
For non-airport pickups, 15 minutes of complimentary waiting time is provided from the scheduled pickup time.
After the applicable complimentary waiting period expires, additional waiting time may be charged in 15-minute increments.
Flight delays and schedule changes may be monitored when flight information is available, but Customers should remain reachable and follow pickup instructions provided by BlackWay or the assigned Operator.
10.No-Show
A Customer may be considered a no-show if the Customer fails to appear at the designated pickup location within the applicable waiting period and cannot be reached using the contact information provided during booking.
A no-show may result in the applicable reservation being treated as completed and may be subject to the applicable cancellation or no-show charge.
11.Child Seats
Child seats are available upon request and must be requested at least 48 hours before the scheduled booking.
Child-seat availability is subject to vehicle and Operator availability and applicable safety requirements.
Additional fees may apply.
Customers are responsible for providing accurate information regarding the child’s age, size, and seating requirements.
12.Pets
Pets are permitted subject to vehicle availability, Operator approval, applicable safety requirements, and other applicable restrictions.
Customers must inform BlackWay at the time of booking that a pet will be traveling.
Additional pet charges may apply.
Customers may be responsible for any damage, excessive cleaning, or other costs resulting from transportation of a pet.
13.Passenger Conduct
Customers and passengers are expected to behave respectfully and safely while using transportation services.
Smoking or vaping inside vehicles is prohibited unless expressly permitted by the Operator and applicable law.
Passengers must comply with applicable seat-belt requirements and reasonable safety instructions from the chauffeur.
BlackWay or the Operator may refuse or discontinue transportation when a passenger’s conduct creates a safety risk, involves unlawful activity, causes significant property damage, or materially interferes with the safe operation of the vehicle.
No refund is guaranteed when transportation is discontinued because of unsafe, unlawful, or prohibited passenger conduct.
14.Vehicle Damage and Excessive Cleaning
Customers may be responsible for costs resulting from damage to an Operator’s vehicle caused by the Customer or passenger, including intentional or negligent damage.
Customers may also be responsible for reasonable additional cleaning costs resulting from spills, bodily fluids, food, excessive dirt, pet-related cleaning, or other conditions beyond ordinary use.
Where applicable, BlackWay or the Operator may charge the payment method used for the reservation for documented damage or cleaning costs.
15.Luggage and Personal Property
Customers are responsible for ensuring that their luggage and personal belongings are properly secured and compatible with the selected vehicle.
BlackWay and the Operator are not responsible for personal property left unattended or left behind in a vehicle, except to the extent required by applicable law.
Customers should immediately notify BlackWay if an item is believed to have been left in a vehicle.
16.Lost and Found
If an item is left in a vehicle, BlackWay may coordinate with the assigned Operator to attempt to locate and recover the item.
BlackWay does not guarantee that a lost item will be recovered.
If an item is located, return arrangements and any applicable delivery or shipping costs may be the responsibility of the Customer.
17.Service Delays and Unforeseen Circumstances
Transportation services may be affected by circumstances outside BlackWay’s reasonable control, including traffic, road closures, severe weather, accidents, vehicle breakdowns, airport conditions, government restrictions, mechanical problems, or other unforeseen circumstances.
BlackWay will make reasonable efforts to coordinate alternative arrangements when reasonably possible.
BlackWay does not guarantee a specific travel time or arrival time where circumstances outside its reasonable control affect transportation.
18.Operator Insurance and Responsibility
Each Operator is responsible for maintaining insurance coverage required by applicable law and appropriate for the transportation services it provides.
Such coverage may include commercial automobile liability, passenger liability, bodily injury, and property damage coverage, as required by applicable law.
The Operator is responsible for claims arising from its vehicle operation and transportation services, including claims relating to accidents, injuries, property damage, or other incidents occurring during transportation, subject to applicable law.
BlackWay may require evidence of licensing, insurance, or other qualifications from Operators and may suspend or discontinue use of an Operator that does not satisfy BlackWay’s requirements.
19.Limitation of BlackWay’s Transportation Liability
Because BlackWay acts as a transportation broker and booking/dispatch coordinator and does not own or operate the vehicles used for transportation, claims arising from the physical operation of a vehicle, chauffeur conduct, vehicle maintenance, traffic incidents, collisions, or other transportation operations are generally the responsibility of the independent Operator and its applicable insurance coverage.
To the maximum extent permitted by applicable law, BlackWay shall not be responsible for liabilities arising solely from the independent Operator’s operation of its vehicle or performance of transportation services.
Nothing in these Terms is intended to exclude or limit liability that cannot lawfully be excluded or limited under applicable law.
20.Indemnification
To the maximum extent permitted by applicable law, an Operator may be required under its agreement with BlackWay to defend, indemnify, and hold harmless BlackWay Car Service LLC, its owners, officers, employees, and representatives from claims, losses, damages, liabilities, and reasonable legal expenses arising from the Operator’s services, vehicle operation, negligence, misconduct, violation of law, or failure to maintain required insurance.
This provision does not eliminate any rights or remedies that a Customer may have under applicable law.
21.Chargebacks and Payment Disputes
Customers should contact BlackWay first regarding billing questions, disputed charges, cancellations, refunds, or service concerns so that BlackWay has an opportunity to review the matter.
If a payment dispute or chargeback is initiated through a card issuer or payment processor, BlackWay may provide relevant booking records, payment information, communications, cancellation records, service records, and other documentation necessary to respond to the dispute.
Nothing in these Terms limits any rights a Customer may have under applicable law or applicable payment-card rules.
22.Reservation Changes
Requests to change pickup times, locations, vehicle types, passenger counts, stops, or other reservation details are subject to availability and may result in additional charges.
Customers should contact BlackWay as soon as possible regarding requested changes.
23.Service Substitution
If the originally assigned Operator or vehicle becomes unavailable, BlackWay may arrange another qualified Operator or comparable vehicle when reasonably possible.
Vehicle substitutions may occur due to mechanical issues, scheduling conflicts, safety concerns, weather, or other circumstances.
BlackWay will make reasonable efforts to provide transportation that is substantially consistent with the original reservation.
24.Prohibited Use
Customers may not use BlackWay-arranged transportation for unlawful purposes or in a manner that creates an unreasonable risk to passengers, chauffeurs, Operators, vehicles, or third parties.
BlackWay reserves the right to decline or terminate a reservation where reasonably necessary for safety, legal, or operational reasons.
25.Privacy
BlackWay may collect and use Customer information necessary to process reservations, coordinate transportation, communicate with Customers and Operators, process payments, provide customer support, and fulfill legal or business requirements.
Use of personal information is further governed by BlackWay’s Privacy Policy.
26.Electronic Communications
By communicating with BlackWay electronically, including through email, telephone, text messages, online forms, or other communication channels, Customers consent to receiving communications relating to reservations, payments, transportation arrangements, and customer service.
27.Modifications to These Terms
BlackWay reserves the right to modify or update these Terms from time to time.
Updated Terms may be posted on BlackWay’s website with a revised effective date. Continued use of BlackWay’s services after updated Terms become effective constitutes acceptance of the revised Terms, to the extent permitted by applicable law.
28.Severability
If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, the remaining provisions will remain in full force to the fullest extent permitted by law.
29.Governing Law
These Terms shall be governed by the laws applicable to BlackWay Car Service LLC and the transaction, without regard to conflict-of-law principles, except where applicable law requires otherwise.
30.Entire Agreement
These Terms, together with the applicable reservation details, payment terms, cancellation terms, Privacy Policy, and any other written terms expressly incorporated into the reservation, constitute the agreement governing the Customer’s use of BlackWay’s services.
31.Contact
For questions regarding reservations, payments, cancellations, or these Terms:
BlackWay Car Service LLC
Phone: (646) 435-1836
Email: info@blackwaycarservice.com