BATA Terms and Conditions

Updated: 06.14.23

 

Thank you for using the Bay Area Transportation Authority Trip Booking App (BATA Link) powered by Via Mobility LLC (“Via”) brought to you by BATA, with mobile pass sales (the “Service”). Please read these terms and conditions carefully as this agreement constitutes a binding contract.

 

BATA, and Via may modify the terms and conditions relating to the Service at any time by posting revised terms and conditions. By using the BATA’s trip planning app BATA Link (or other partner agency apps powered by Via), you are agreeing to accept these terms and conditions, as well as the general terms and conditions relating to the website managed by BATA, including Privacy Policy (bata.net).

 

The Service permits you to utilize any website, mobile application, or Internet service under BATA’s control, whether partial or otherwise, in connection with providing Via’s online platform that connects users with vehicle-sharing transportation providers to reserve (“Reservations”) rides (“Rides”) with BATA’s Partner Agencies.

 

The Service is not the only manner in which you can book a ride. You may also arrange for individual transportation services by contacting one of BATA’s Partner Agencies directly. BATA is not responsible for fees accrued from a Partner Agency.

 

**Who is Eligible to Use the Service**

You must be at least eighteen (18) years or older to utilize the Service. If you are under the age of 18, you warrant and represent that you have consent to utilize the Service from a parent or guardian by registering for and using the Service. If you are a parent or guardian of a minor who has registered for or used the Service without your consent, please contact BATA at info@bata.net.

 

**Account Information**

You are responsible for you log-in credentials and for keeping your information accurate. You are responsible for any activity resulting from the use of your log-in credentials on the Service. You represent and warrant that the information you provide to BATA or Via upon use of the Service and at all other times will be true, accurate, current, and complete.

 

To use the Service, you may need to log-in by providing a username, password, and cellular phone number. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials (including, without limitation, the behavior of any other people that travel in your party), you agree to use reasonable efforts to prevent unauthorized access to or use of the Service and to preserve the confidentiality of your username and password, and any device that you use to access the Service.

 

You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify BATA and Via by email at info@bata.net and support@ridewithvia.com respectively. You will be solely responsible for the losses incurred by BATA, Via, or others due to any unauthorized use of your account.

 

**Fee**

BATA charges a fee (the “Fee“) for use of the Service. You will be charged when you board the bus or if you pay through the BATA Link app when your Ride is complete, provided that we may pre-authorize and hold an estimated amount of the Fee on your card before the Ride begins. All Fees are non-refundable. Fees are exclusive of taxes and other government surcharges.

 

**BATA or Via Communication**

We communicate with you by email, text message or posting notice on the Service. You agree to receive email from us at the email address you provided to us for customer service-related purposes.

 

Electronic Notices. By using the Service or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please contact Via at support@ridewithvia.com.

 

SMS Text Messages. We may send you an SMS text message to the phone number you provide upon registering with the Service (i) when you register with the service, (ii) when you make a Reservation, (iii) when your vehicle is approaching the designated pick-up location, (iv) when your vehicle is at the designated pick-up location, and (v) when you reset your password with the service. Text message and data rates, as determined by your wireless carrier, may apply. By registering with the Service, you consent to receive these SMS text messages.

 

**Violating these Terms and Conditions**

If you do not act acceptably, we may prohibit your use of the Service. We reserve the right to suspend or terminate your account and prevent access to the Service for any reason. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Service.

 

**Liability Disclaimer**

BATA is not liable for anything that happens to you that somehow may be connected to your use of the Service. If you use the Service in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for released parties.

 

In no event will BATA or any partner transit agency be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the mobile ticketing application, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.  In no event will Via be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of or in connection with your use or access to any mobile pass or the mobile ticketing application, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.  Neither BATA nor Via shall be liable for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the mobile ticketing application or any mobile pass. Nothing in these terms and conditions shall exclude or limit a person’s liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.

 

BATA is located in Michigan. Therefore, any disputes, claims, controversies, or litigation you have with BATA while utilizing the services pertaining to these Terms and Condition must be filed in Michigan for state-based claims, or for federal matters, within the United States District Court for Michigan.

 

These Terms and the relationship between you and Via shall be governed by the laws of the state of New York without regard to its conflict of law provisions. You agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Service under the rules of the American Arbitration Association. You covenant not to sue Via in any other forum.

 

**Support**

If you have any questions or problems with the mobile applications, please visit www.BATA.net or e-mail info@bata.net.