AGREEMENT
Subject to the terms and conditions of this Agreement
(AGREEMENT), the Gasparilla Island Bridge Authority (GIBA) agrees to provide a
GIBA Bridge Pass card or decal (BG PASS) to the User (USER) who in turn may use
it to obtain passage across the GIBA causeway system. The USER agrees to abide
by all GIBA bridge and causeway rules and regulations. Failure to comply may
result in cancellation and loss of privileges. Fraudulent use of stolen or lost
passes will result in criminal prosecution of the offender and loss of pass
privileges. All cards and stickers remain the property of GIBA and if
requested, USER agrees to return to the GIBA office all stickers/cards.
TERMS AND CONDITIONS
GENERAL
USER agrees:
To use the BG PASS in accordance with the BG PASS
installation instructions.
That failure to maintain a positive BG PASS account
balance will result in denied pass usage.
In applying for a BG PASS account, USER certifies that
the information provided herein is accurate to the best of USER's knowledge.
Further, USER agrees to provide and maintain an up-to-date email address and/or
cell phone number to receive electronic notifications of low balance/auto
replenishments.
To promptly provide updated payment information for
auto-replenish accounts when credit card numbers, expiration dates or security
codes on the back of the credit card change. If this option is selected, by
signing (or electronically signing) this application, USER authorizes GIBA to
automatically replenish USER's BG PASS account by charging USER's designated
credit card the amount USER has specified in the application.
That GIBA shall have no obligation or liability to the
USER with respect to use or performance of the BG PASS. USER agrees to
indemnify and hold the GIBA, their agents, representatives and respective
employees harmless from and against any and all damage, loss, cost, expense,
injury or liability relating to, arising from, or as a result of the use of, or
the performance of the BG PASS, or as a result of inaccurate USER account
information.
To be fully responsible for any and all charges
arising from the use of each BG PASS until such time as USER either terminates
the BG PASS account or reports it lost/stolen to GIBA.
Not to dispute toll charges that are more than 60 days
old.
Once money has been put into USER's BG PASS account,
USER understands and accepts that no credits or refunds will be issued under
any circumstance.
It is USER's responsibility to report a lost or stolen
BG PASS or sold vehicles bearing a BG PASS to GIBA as soon as possible. Any
charges made against a lost or stolen and/or sold vehicles with a BG PASS and/or
stolen vehicles with a BG PASS will be USER's responsibility until notification
is documented by GIBA. USER understands these notifications must be made in
writing or in person at GIBA administrative office. (Toll booth attendants are
not authorized to receive verbal notification or to modify BG PASS accounts in
any way).
USER understands that USER's account will be
automatically cancelled and any money remaining in the account will be
forfeited one year from the date of the last replenishment.
That a receipt will be given at the toll booth for BG
PASS transactions upon request.
The GIBA reserves the right to change, delete, limit,
or modify at any time any terms of this AGREEMENT without advance notice.
Every BG PASS, whether issued or not, remain the
exclusive property of GIBA and if requested, USER agrees to promptly return to
GIBA a BG PASS issued to USER.
To provide GIBA with current, accurate and complete
personal information to include, name, phone number(s), mailing address, email
address, replenishment information, and provide accurate and complete updates
when information changes.
Not to exceed posted speeds at toll plaza, on the
bridges and throughout the causeway system.
That USER has read and understands these disclosures.
GIBA Bridge Pass (BG PASS) ACCOUNT
USER agrees to maintain a BG PASS account with GIBA to
cover USER's applicable tolls, charges and fees. Failure to maintain a positive
balance shall constitute a breach of this AGREEMENT and may subject the USER to
account closure by GIBA. USER agrees that it is their responsibility to monitor
usage, account balance, and expiration date. GIBA provides a variety of means
for checking account balances (including but not limited to monthly statements,
online review, and in-lane low balance notifications) and will attempt to
notify the customer of balance alerts as a courtesy. GIBA shall not be
responsible for any consequences arising as a result of failure to maintain a
positive account balance.
REPLENISHMENT THRESHOLD FOR STANDARD
ACCOUNTS
A Low Balance occurs whenever the Account balance drops
to or below the established Account Replenishment Threshold (minimum $19.50, or
another higher amount chosen by the USER). The initial Replenishment Threshold
should be based on at least three days of anticipated usage. GIBA reserves the
right to increase the Replenishment Threshold based on USER's usage patterns to
aid in the maintenance of the USER's account(s).
ACCOUNT REPLENISHMENT
Whenever the account balance drops to or below the
replenishment threshold, USER agrees to replenish account with one of by one of
the following methods.
Automatic account replenishment by credit/debit card:
USER's credit/debit card registered in the Account will be charged a
replenishment amount. GIBA reserves the right to increase the account
replenishment amount to compensate for usage patterns without notifying the
USER. If a credit/debit card charge is declined more than once, USER may become
ineligible for automatic replenishment.
Manual account replenishment: USER should replenish
their account before or once it reaches low balance to maintain a positive
balance and avoid interruption in service.
The options for renewal are as follows:
Option 1 - Standard Discount Car Pass $97.50 minimum
Option 2 - Standard Non-Discount Car Pass $60.00
Option 3 - Annual Unlimited Car Pass $780.00
LOST OR STOLEN BG PASS CARD OR STICKER
USER must notify GIBA immediately in writing or in
person of a lost or stolen BG PASS. Until GIBA is notified, the USER will
continue to be responsible for charges. Once notified, GIBA will invalidate the
BG PASS.
DAMAGED BG PASS CARD OR STICKER
The BG PASS is the property of GIBA. Any BG PASS that
has been altered, copied, defaced, or damaged in any manner must be replaced as
soon as possible. This will be done at the GIBA office and at the USER's
expense. A BG PASS shall not be tampered with, altered, copied as this is
strictly prohibited. A worn BG PASS is to be replaced as soon as possible at
the GIBA office.
ACCOUNT TERMINATION
GIBA may terminate this AGREEMENT at any time. Upon
termination of this AGREEMENT, the account will be closed. Account balances
cannot be transferred and THERE ARE NO REFUNDS under any circumstances for any
balance remaining.
OTHER TERMS AND CONDITIONS
It is expressly understood and agreed that the USER
authorizes GIBA to access USER's credit card or debit card and make charges
authorized under this AGREEMENT. BG PASS USER expressly understands and agrees
that GIBA will not be liable to a BG PASS USER for any damages resulting from
these actions. Additionally, GIBA shall not be liable for:
Any incidental, indirect, special, or consequential
damages, including but not limited to, loss of use, revenues, profits, or
savings, even if GIBA knew or should have known of the possibility of such
damages; or
Claims, demands, or actions against GIBA by any
person, corporation, or other legal entity resulting from the use of a BG PASS,
credit report inquiry, check authorization, and/or charging of the USER's
credit card, debit or check card. USERs who elect to provide funds via
automatic draft drawn directly against account deposits agree to be responsible
for the adequacy of those funds to satisfy all amounts drawn against them.
GIBA may change the terms of this AGREEMENT at any
time by providing electronic or written notice to the BG PASS USER. If the BG
PASS is used after a BG PASS USER receives notice of the new terms of this
AGREEMENT, then the BG PASS USER shall be bound by the new BG PASS terms.
For purposes of this AGREEMENT, the BG PASS USER shall
be deemed to have received notice 5 days after the notification of changes is
either posted on the website, emailed, or deposited with the United States
Postal Service, postage prepaid, addressed to the BG PASS USER at the most
recent address registered on the BG PASS USER's Account record at GIBA.
The captions used in this AGREEMENT have been inserted
for convenience and for reference only and shall not be deemed to limit or
define the text of this AGREEMENT. The provisions of this AGREEMENT are
severable, and if any provision or part of this AGREEMENT or the application
thereof to any person or circumstance shall ever be held by any court of competent
jurisdiction to be invalid or unconstitutional for any reason, the remainder of
this AGREEMENT and the application of such provision or part of this AGREEMENT
to other persons or circumstances shall not be affected. For the purpose of
giving all notice(s) to GIBA required under the provisions of this AGREEMENT,
USER shall send notice to the Gasparilla Island Bridge Authority, PO Box 1918,
Boca Grande, FL 33921.
The transactions contemplated under this AGREEMENT,
its validity, and effect, are exclusively governed by, and shall be exclusively
construed an enforced in accordance with the laws of the State of Florida.
Further, any action relating to, or arising out of, this AGREEMENT shall be
instituted and prosecuted in the Circuit Court of Charlotte County.
Jurisdiction shall lie only in the state courts and not with any federal
court(s) for any action or suit arising out of this AGREEMENT.