Subject to the terms and conditions of this Agreement, the Del Rio Pass Customer Service Center (Service Center) agrees to provide a Transponder (Standard Del Rio Pass to the User who in turn may use it to obtain passage on toll roads accepting Del Rio Pass.
User agrees to maintain a Prepaid Account with the Service Center to cover User's applicable tolls, charges and fees as described in this Agreement. Failure to maintain a positive balance shall constitute a breach of this Agreement and may subject the User to have account closed by Del Rio Pass service center. User agrees that it is their responsibility to monitor their usage and account balance. Del Rio Pass provides a variety of means for checking account balances (including but not limited to quarterly and monthly statements, online review, and low balance at some locations) and will attempt to notify the customer via balance alerts as a courtesy. Del Rio Pass shall not be responsible for any consequences arising as a result of failure to maintain a positive Account balance.
A Low Balance occurs whenever the Account balance drops to or below the established Account Replenishment Threshold (minimum $10.00 per Transponder). The initial Replenishment Threshold should be based on at least three days of anticipated usage. The Service Center reserves the right to increase the Replenishment Threshold based on User's usage patterns to aid in the maintenance of the Account(s).
Whenever the Account balance drops to or below the Replenishment Threshold, User agrees to replenish Account by one of the following methods.
User must notify the Del Rio Pass Service Center immediately of any lost or stolen Transponder, identifying the Transponder by card number. Until the Del Rio Pass Service Center is notified, the User will continue to be responsible for charges. Once notified, the Service Center will invalidate the Transponder. The User shall be responsible for the cost of the lost or stolen Transponder ($5.00 for each Standard Transponder and $12.00 for each hard case Transponder). The fee will be waived if the User provides a copy of an official police report indicating that the Transponder was stolen.
The Del Rio Pass is the property of account holder. Any Transponder that has been altered, defaced or damaged in any manner will result in a fee of $5.00 for each Standard Transponder and $12.00 for each hard case Transponder.
The Del Rio Pass Service Center or Del Rio Pass User may terminate this Agreement at any time. Upon termination of this Agreement, the account will be closed. A refund will be processed within 30 days for any balance remaining in the User's Del Rio Pass Account, less any amounts owed under this Agreement. If the User' s account balance is insufficient to cover charges, the User will be liable for all such amounts, and may become liable for additional service charges, fines, or penalties in accordance with applicable law if such unpaid charges are not promptly paid. Any unresolved negative balance shall be subject to further collection procedures and/or legal action. Any unclaimed positive balances will be treated as unclaimed property in accordance with the laws of the Commonwealth of Texas.
It shall be the policy that the Del Rio Pass Service Center shall only collect and retain Del Rio Pass User Del Rio Pass information that is absolutely necessary and essential in order to properly conduct and record financial transactions. Information collected by Del Rio Pass relative to individual Del Rio Pass customer usage shall only be released:
It is expressly understood and agreed that an Del Rio Pass User authorizes the Del Rio Pass Service Center to access User' s credit card, debit card or ACH and make charges authorized under this Agreement. An Del Rio Pass User expressly understands and agrees that the Del Rio Pass Service Center shall not be liable to an Del Rio Pass User for any damages resulting from these actions. Additionally, the Del Rio Pass Service Center shall not be liable for:
The Del Rio Pass Service Center may change the terms of this Agreement at any time by providing electronic or written notice to the Del Rio Pass User. If the Del Rio Pass is used after an Del Rio Pass user receives notice of the new terms of this Agreement, then the Del Rio Pass User shall be bound by the new Del Rio Pass terms. For purposes of this Agreement, the Del Rio Pass User shall be deemed to have received notice 10 days after the notification of changes is either emailed or deposited with the United States Postal Service, postage prepaid, addressed to the Del Rio Pass User at the most recent address registered on the Del Rio Pass User' s Account record at the Del Rio Pass Service Center. 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 any and all notice(s) to the Del Rio Pass Service Center required under the provisions of this Agreement, User shall use the following mailing address:
Del Rio Pass Customer Service Center
109 W Broadway
Del Rio Texas 78840