Terms of Service (cont.)

Los Angeles County Metropolitan Transit Authority (LACMTA)

Section 2 of 2  (Go to Section 1)

Last Updated: September 3, 2020

II. TAP Card Specific Terms ("Cardholder Agreement")

Your use of the TAP Smart Card signifies your acceptance of the terms and conditions of this TAP Cardholder Agreement, as may be amended from time to time and available at taptogo.net.

1. Cardholder Specific Terms
These General Terms apply to all Services. Additional terms apply to specific Services, and those additional terms are described below in Section II (“TAP Card Specific Service Terms”).
2. Card Issuance
There are two types of TAP Cards that can be issued to a customer:

2.1 Non-personalized card   Non-personalized cards are those which do not identify the Cardholder by name and/or photo on the front face of the card. Non-personalized cards are sold by TAP Participant point of sale locations and third-party vendor locations. Non-personalized cards are eligible for Balance Protection but require the Cardholder to enroll in the Balance Protection program (see subparagraph 7.2). Non-personalized cards are subject to the card acquisition fee (see subparagraph 10.1).

2.2 Personalized card   Personalized TAP Cards identify the Cardholder assigned to the TAP Card by name and/or photo on the front face of the TAP Card. Personalized TAP Cards are non-transferable. Personalized cards are automatically enrolled in the Balance Protection program (see subparagraph 7.2). Personalized TAP Cards are not subject to the card acquisition fee (see subparagraph 10.1) and any other fees that may apply to the program to which the Cardholder belongs. Eligible participants can only have one reduced fare card at a time. Personalized card programs include the following:
 
2.2.1 Reduced Fare TAP Cards   TAP Cards issued to customers who have applied and been deemed eligible for varying fare discounts from TAP Participants’ specific eligibility requirements including: Seniors age 60 and older, Students K-12, and College/Vocational. Proof of eligibility must be provided at the time that the application is submitted.

2.2.2 LACTOA Disabled TAP Cards   TAP Cards issued to customers who have applied for and been deemed eligible for fare discounts based on disability status through the Los Angeles County Transit Operators Association (LACTOA) Disabled Identification Card Program.

2.2.3 TAP Participant Employee Badges   TAP Cards issued to employees and/or agents of the TAP Participants.

2.2.4 Special Programs offered by the TAP Participants   TAP Cards issued to participants of TAP Participant-sponsored fare programs including employer-sponsored programs, institutional programs, and other fare programs not generally available to the public.
3. Fare Types
You can add or reload three kinds of fare product to your TAP Card:

3.1 Transit Pass   A Transit Pass is an electronic time-limited transit pass that is loaded directly onto the TAP Card. A Transit Pass is only valid for use on specified participating transit system(s) within the specified time-limits.

3.2 Transit Stored Rides   Transit Stored Rides are an electronic equivalent of discount ticket books (or tokens) that can be loaded directly onto the Cardholder’s TAP Card. Transit Stored Rides are only valid for use on specified participating transit system(s).

3.3 Transit Stored Value   Transit Stored Value is an electronic transit fare product that is used in a similar fashion to cash for transit, and is accepted only by TAP Participants. Once Transit Stored Value is purchased by a Cardholder, the applicable single-ride fare will be deducted from the Cardholder’s Transit Stored Value balance when they use their TAP Card. All applicable discounts (e.g., senior/disabled, youth, transfer) are automatically applied for eligible patrons based on the type of card used (i.e., Reduced Fare). When the Transit Stored Value is depleted, the Cardholder will be responsible for purchasing additional Transit Stored Value for continued use of the TAP Card.
4. Fare Payment Transactions
4.1   Each tap of the TAP Card is valid only for one boarding on any individual bus or train. Transfer to another bus or train requires another tap of the TAP Card. Cardholder shall ensure the TAP Card has a valid fare product each time the TAP Card is tapped. Cardholder must tap the TAP Card on a bus or rail station validator/turnstile/farebox before every boarding.

4.2   TAP Card must be shown on demand to operator or fare inspector and may require an additional photo ID, as required per the terms of any specific program under which the TAP Card was issued, for example for reduced fares.

4.3   Reproduction of a TAP Card and/or its contents, or possession of a fraudulent TAP Card is illegal and subject to criminal prosecution (Penal Code Sec. 483).

4.4   The TAP Card is non-transferable and must be retained by the Cardholder for the duration of the trip.

4.5   TAP Card fare payment shall be prioritized such that the TAP system will first validate a Transit Pass if present and valid on the transit system on which the TAP Card is tapped. If a valid Transit Pass is not present, the TAP system will then look to deduct a Transit Stored Ride if present and valid on the transit system on which the TAP Card is tapped. Lastly, the TAP system will deduct Transit Stored Value from the TAP Card as payment for services and/or goods provided or supplied, at such rates or fares, and upon such terms and conditions as stipulated by the applicable TAP Participant. If a shortage of fare is allowed by the bus operator, the full remaining amount of Transit Stored Value will be deducted to pay for the shortage of fare.

4.6   A TAP Card with both a valid period Transit Pass (e.g., monthly pass or 31-Day Pass) and Transit Stored Value, will use activate and/or use the Pass and will use the Transit Stored Value if an upcharge/surcharge is required (e.g., for additional zone travel not covered by the Transit Pass or Transit Ride) or for the purchase of a transfer from one TAP Participant to another TAP Participant (Inter-agency Transfer (IAT)).

4.7   If you load multiple Transit Passes from the same TAP Participant on one TAP card with an intended pass use pattern in mind, that use pattern is not guaranteed. Instead, one should use a different TAP card for each pass type within the same TAP Participant’s service.

4.8   All fares, including promotional or discount fares of any kind available to a specific category of persons or at specific times or zone areas, are subject to change, review, and withdrawal by the applicable TAP Participant(s) at any time, and subject to such terms and conditions as the applicable TAP Participant(s) may deem fit.

4.9   If, for any reason, the TAP Card is not accepted for fare payment on a participating TAP Participant, you may be asked by the TAP Participant to pay your fare in U.S. currency.

4.10   If an error is made such that a fare product is listed at an incorrect price on any TAP sales device including, but not limited to, any TAP point of sale device at Service Provider locations or third party vendor locations, a TAP vending machine, farebox, online at taptogo.net or on the TAP Mobile App, TAP reserves the right to refund the customer the difference overcharged to the customer or cancel orders placed at the incorrect price. In the event of cancellation, TAP shall process a reverse credit to the original form of credit/debit card payment in the amount originally charged (i.e., the incorrect price). TAP is not responsible to provide the product or to offer the product at the incorrect price.

4.11   All TAP Cards of various media, wearable wristbands, keychains and other form factors, are subject to the rules of this agreement.

4.12   All sales are final. No refunds will be provided for any passes or Transit Stored Value remaining on the TAP Card.
5. Add Fare Product Transactions
5.1   Payment shall be made by the Cardholder to a TAP Participant or a duly authorized agent to add fare product(s) (e.g., Transit Stored Value, Transit Pass, or Transit Stored Rides) to a TAP Card. TAP Card Transit Stored Value may be accepted as payment for certain services and/or goods provided or supplied by any TAP Participant. Transit Passes or Transit Stored Rides are only valid for use on specified participating transit system(s).

5.2   The maximum amount of Transit Stored Value that can be stored on any TAP Card can be found at taptogo.net.

5.3   The minimum amount of Transit Stored Value that can be loaded on a TAP Card varies by individual reloading locations.

5.4   If the Transit Stored Value balance on a TAP Card is negative, then the amount added to the TAP Card shall be applied first to the negative balance with the remainder becoming the TAP Card’s Transit Stored Value balance.

5.5   Transit Passes may only be loaded to a TAP Card when the Transit Pass becomes available for sale, subject to such terms and conditions as the applicable TAP Participant(s) may deem fit.
6. Card Loss and Damage
6.1   The Cardholder shall take all reasonable care of the TAP Card to prevent it from damage, defacement, destruction, or loss of any kind.

6.2   The Cardholder shall not alter or interfere with the graphic or card data of the TAP Card and shall take all reasonable measures and care to ensure that the graphic and card data are not tampered with or altered.

6.3   A Cardholder who has damaged or lost a Balance Protected Card, as described in subparagraph 7.2.1, may apply to the TAP Customer Service for its cancellation and the issuance of a new TAP Card subject to the deduction or payment of the applicable card replacement fee.

6.4   The Cardholder holds the TAP Card at their own risk. If the TAP Card malfunctions due to no fault of the Cardholder, they may return the TAP Card to TAP Customer Service, and the remaining TAP Card value (e.g., Transit Stored Value, Transit Pass and/or Transit Stored Rides) will be transferred to a new TAP Card.
7. Optional Features
7.1 Threshold Autoload Program
 
7.1.1   By setting up Threshold Autoload, you authorize automatic purchase and reload of a fare product on your TAP Card whenever one of the following occurs: (1) the TAP Card Transit Stored Value balance falls below $10; (2) the transit pass is due to expire within ten (10) days; (3) the number of Transit Stored Rides remaining on your TAP Card falls below five rides.

7.1.2   You can set up Threshold Autoload for any of the three fare types (Transit Stored Value, Transit Pass, or Transit Stored Rides); OR you can set up Threshold Autoload for Transit Stored Value AND either a Transit Pass or Transit Stored Rides. Contact 866-TAPTOGO (866-827-8646) for a list of fare products that can be loaded via Threshold Autoload.

7.1.3   The minimum amount of Transit Stored Value that can be loaded onto a Card via Threshold Autoload is $20.

7.1.4   The maximum amount of Transit Stored Value that can be loaded onto a Card via Threshold Autoload is as identified in subparagraph 5.2.

7.1.5   By setting up Threshold Autoload, you agree to:
 
7.1.5.1   Ensure that all information provided to LACMTA through 866-TAPTOGO or on the Threshold Autoload application is true, accurate, and complete.

7.1.5.2   Provide a valid debit or credit card account as a funding source for future Threshold Autoload transactions.

7.1.5.3   Authorize TAP Customer Service to charge your specified debit or credit card account to purchase the fare type specified when calling 866.TAPTOGO or designated on your Threshold Autoload application form.

7.1.5.4   Authorize TAP Customer Service to contact all the relevant parties to verify the information contained on your Threshold Autoload application form.

7.1.5.5   Promptly notify TAP Customer Service of any changes to your name, address, telephone numbers, or debit or credit card account information. You may change the funding source up to three times annually at no additional cost, after which LACMTA reserves the right to impose an administrative fee for changes to the funding source. Notification of changes to your information may be done over the phone at 866.TAPTOGO (866-827-8646).
 
7.1.6   If the TAP Card will expire before the full validity period of the next pass to be added as a Threshold Autoload, the pass will not load to the TAP Card. After obtaining a new TAP Card, you must set up a new Threshold Autoload as identified in subparagraph 7.1.5 to continue to use this feature.

7.1.7   You may terminate Threshold Autoload at any time by calling, mailing or faxing a request to TAP Customer Service.

7.1.8   If the Threshold Autoload funding source is declined for any reason, TAP Customer Service will notify you via mail, e-mail, and/or phone. You will have 48 hours from the date of first notice to provide a different funding source. One (1) business day is required to process the new funding source. During this time your TAP Card will not be blocked, but no additional value will be added via Threshold Autoload until a new funding source is established. If a new funding source is not provided within 48 hours of the first contact, TAP Customer Service will remove the TAP Card from the Threshold Autoload program and remove any autoloaded product or deduct the autoloaded Transit Stored Value, and may block the TAP Card from further use as applicable.
 
7.2 TAP Balance Protection
 
7.2.1   To protect a TAP Card’s balance in the event that the TAP Card is lost or stolen, your TAP Card is Balance Protected upon TAP Account creation. Enrollment in the Balance Protection program is currently provided free of charge, but the TAP Participants reserve the right to assess a fee for Balance Protection at any time.

7.2.2   Once you report that your Balance Protected TAP Card was lost or stolen and upon payment of the card replacement fee (see subparagraph 10.2), the TAP Customer Service Center will restore to a replacement TAP Card the previous TAP Card’s Transit Stored Value balance. In addition, any unused or currently active transit pass(es) will be replaced as of the date and time the TAP Card was reported lost or stolen. You may choose to receive the replaced Transit Stored Value and/or transit pass in one of two ways: 1) a new TAP Card loaded with the Transit Stored Value balance and/or unused or currently active transit pass(es) can be mailed to you; or, 2) the confirmed Transit Stored Value balance and/or unused or currently active transit pass(es) can be autoloaded to a new Balance Protected TAP Card already in your possession. Both forms of replacement are subject to the following limitations:
 
7.2.2.1   Calendar period passes (i.e., those defined by a calendar period such as Sunday through Saturday weekly passes, or a monthly pass valid from the 1st to the last day of the month) will only be replaced for the same calendar period. TAP Customer Service is not responsible for days lost between the time the TAP Card was reported lost/stolen and the receipt of the new TAP Card or Autoload. Any future period passes (i.e., passes that have not yet become valid) held on the TAP Card will be replaced in their entirety.

7.2.2.2   The number of days remaining on Rolling period passes (i.e., those defined by a certain number of days, such as a 31-day pass) will be replaced on a temporary TAP Card mailed to the Cardholder. The temporary TAP Card will expire on the day that the original rolling period pass would have expired. Any future period passes (i.e., passes that have not yet become valid) held on the card will be replaced in their entirety on a new TAP card.

7.2.2.3   Transit Stored Value and Transit Stored Rides will be replaced in their entirety as of the date and time the card was reported lost/stolen subject to a three-day waiting period to verify all transactions made prior to the lost/stolen report.
 
7.2.3   You may register a TAP Card with the Balance Protection program by calling 866-TAPTOGO (866-827-8646), or by visiting taptogo.net. Personalized Cards as described in subparagraph 2.2 and TAP Cards ordered through the website are automatically enrolled in Balance Protection.

7.2.4   Once you report that your TAP Card was lost or stolen, use of that TAP Card will deactivated at the end of the business day that you reported the TAP Card lost or stolen.

7.2.5   By Balance Protecting your TAP Card, you agree to:
 
7.2.5.1   Ensure that all information provided to TAP Customer Service through any means is true, accurate, and complete.

7.2.5.2   Promptly notify TAP Customer Service in writing or via the TAP website of any changes to your name, address, email and telephone number(s).

7.2.5.3   Promptly report a lost or stolen TAP Card to TAP Customer Service by calling 866-TAPTOGO (866-827-8646).

7.2.5.4   Be responsible for the value of all transactions on your TAP Card from the time the TAP Card loss or theft is reported until the end of that business day.

7.2.5.5   Take reasonable steps to keep your TAP Card secure and ensure your TAP Card is used only by the Cardholder and not allow the Card to be used by any third party.
 
7.2.6   Balance Protected Cardholders who opt-in to receive information about the TAP Regional Program may receive email and/or mailings from TAP Regional Services.

7.2.7   Cardholders are not entitled to a refund of Transit Stored Value balance, Transit Passes, or Transit Stored Rides should the Cardholder wish to terminate this Agreement.
8. Card Value
The TAP Regional Program’s master records of TAP activity shall be conclusive evidence of the amount of remaining Transit Stored Value or any other transit fare products on any TAP Card.
9. Card Expiration and Inactivity
9.1 Card Expiration
 
9.1.1   Each TAP Card contains a date by which it will expire. Once a TAP Card expires, it is no longer valid and cannot be used as fare media.

9.1.2   The expiration date for each TAP Card will vary, depending on the TAP Card that is issued. To determine the expiration date of your TAP Card, check at a LACMTA ticket vending machine or with a regional TAP third-party vendor, on taptogo.net, or by calling TAP Customer Service at 866-TAPTOGO (866-827-8646). The expiration date for Personalized Cards may also depend on the Cardholder’s period of verified eligibility.

9.1.3   If a Cardholder has an expired Balance Protected Card with remaining Transit Stored Value or a valid pass, the Cardholder can request that such remaining Transit Stored Value or valid pass be transferred to a new TAP Card.
 
9.2 Card Inactivity
 
9.2.1   An inactive card is defined as any card with no use or sale transactions in 18 months.

9.2.2   LACMTA reserves the right to charge a service fee of $1 per month, which will be deducted from any remaining fare product value after 18 months of inactive card use.
10. Cardholder Fees
Cardholders are subject to the following fees, which are subject to change from time to time:

10.1   Plastic TAP Card Acquisition Fee – $2

10.2   Electronic TAP Card on Phone Acquisition Fee – Variable

10.3   Additional fees that may apply for personalized card programs such as employer-sponsored programs, TAP Participant employee badges, or LACTOA disabled cardholders, as described in the terms and conditions for those programs.
11. Conditions for Services and Facilities
While using the services and/or facilities of a TAP Participant, you shall observe, perform, and comply with all applicable terms and conditions, by-laws, rules, regulations and codes of conduct of that TAP Participant. LACMTA has adopted the Customer Code of Conduct which is available at metro.net and searching “Customer Code of Conduct.” Cardholder shall be subject to LACMTA’s Customer Code of Conduct when riding and using the LACMTA bus and rail system.
12. Reservation
12.1   LACMTA does not warrant that any particular service and/or facility will be provided by any TAP Participant at any time or place.

12.2   No warranty is given that operation of the TAP Card will be available with any TAP Participant at any time or place, and the TAP Participants shall not be liable for any loss or damage resulting there from, whether direct, indirect, special or consequential.

12.3   The authorized staff of the TAP Participants shall have the right to inspect any TAP Card and the card data therein at any time.

12.4   The TAP Participants reserve the right to:
 
12.4.1   Recover any cost, expenses, loss, and damages incurred or suffered by the TAP Participants as a result of you altering or interfering with the card data.

12.4.2   Waive these conditions or any part thereof against any person.
13. Confidentiality of Information
13.1   The collection, use and security of information obtained from Cardholders is subject to the TAP Privacy Notice available at taptogo.net. This policy may be amended from time to time, as deemed necessary by the TAP Participants. Any changes to the Privacy Notice will be posted on the TAP website at taptogo.net, including the date of the amendment.

13.2   The Cardholder retains the right to review and edit all personal information pertaining to his/her account, whether stored electronically or on paper. Any inquiry or request to obtain information, in accordance with the above provisions, should be directed in writing to TAP Regional Services. The TAP Participants may adopt procedures for the review of such information, including but not limited to charging a fee for processing requests for access to personal information.
14. Termination
14.1   LACMTA may terminate this agreement at any time and for any reason. If LACMTA requests, or if the Cardholder wishes, to terminate the TAP Card agreement, the Cardholder shall return the Card in proper working condition to TAP Regional Services.

14.2   Senior/Disabled, Student and College Cardholders must maintain custody of their reduced fare card. Reduced fare TAP Cards are not transferable. Use by anyone other than the assigned Cardholder may result in suspension or termination of the TAP Card.

14.3   Upon termination and return of the Cardholder’s TAP Card, the Cardholder is not entitled to a refund of any remaining Transit Stored Value, Transit Passes, or Transit Stored Rides. Following termination, the Cardholder will remain responsible for payment of amounts owed under this Agreement. If the Cardholder’s Transit Stored Value balance is insufficient to cover outstanding charges, the Cardholder will remain liable for all such amounts. If such unpaid charges are not properly remitted, the Cardholder may become liable for additional service charges, fines, or penalties, in accordance with applicable law.
15. Release and Indemnity
The Cardholder hereby releases the TAP Participants and their respective officers, employees, and agents from all loss, damage, or injury whatsoever, known or unknown, arising out of or in any manner connected with the use or performance of the TAP Card issued to the Cardholder. Neither the TAP Participants, nor their respective officers, employees, and agents will have any obligation or liability with respect to the Cardholder use or the performance of the TAP Card. The Cardholder’s sole and exclusive recourse from the TAP Participants will be replacement of any defective TAP Card(s). The Cardholder agrees to indemnify, defend, protect, and hold harmless the TAP Participants, and their respective officers, employees, and agents from any and all liability for any loss, damage, or injury to persons or property arising from or related to the Card.
16. Failure to Comply
Failure to comply with any portion of the Terms of Service or this TAP Card Specific Service Terms may result in the TAP Participants or the TAP Customer Service or any other affiliated agents deactivating the TAP Card. When the TAP Card is deactivated, a refund of any remaining value on the TAP Card shall be at the sole and absolute discretion of the TAP Participants and subject to such conditions as the TAP Participants deem fit, including without limitation, surrender of the TAP Card and deduction of any amount due or payable by the Cardholder to any TAP Participant.

End Section 2 of 2  (Go to Section 1)