Mobile Ticketing Terms and Conditions

Thank you for using the Regional Transportation District’s (“RTD”) Mobile Ticketing Application. “RTD Mobile Tickets” is brought to you by RTD, with mobile ticket sales provided by Masabi LLC (“Masabi”). RTD and Masabi may modify these terms and conditions at any time by posting revised terms and conditions. By clicking on the link below, you are agreeing to accept these terms and conditions, as well as the general terms of use relating to the website managed by RTD. For the general terms of use for the RTD website please visit link to http://www.rtd-denver.com/TermsofUse.shtml.

Mobile Ticketing

“Mobile ticket” refers to a type of ticket or pass valid for use on RTD bus and rail service which is purchased only through RTD’s mobile application on an iOS or Android device. The security of your mobile phone or ticket is your responsibility. We recommend that you create a customer account for your protection. In the event that your mobile phone is lost or stolen, you will be able to migrate unused, unexpired tickets to your new device when logging into your customer account on the new device. In the event that the ticket or your mobile phone is lost or stolen, RTD will not provide a duplicate or replacement ticket for used, expired, or stolen tickets, or tickets that were used without your permission.

Your mobile ticket must be activated prior to boarding an RTD vehicle and must be displayed clearly on the mobile phone screen to the operator every time you board an RTD bus, or when requested by a fare inspector or police officer. The mobile ticket must be retained during your entire trip on RTD vehicles. Failure to show an active, valid ticket is considered fare evasion and is subject to enforcement actions according to RTD policy and Colorado State laws.

If the mobile ticket has been damaged or is not readable in any way, it becomes invalid, and a new one must be purchased. If you delete the mobile ticketing application you will also delete your mobile tickets. If you reinstall the mobile ticketing application on the same device it was deleted from, your tickets will be downloaded to the device. You cannot print mobile tickets or transfer tickets to other individuals. However, you may purchase and activate multiple tickets on the same mobile device for a group riding together. You will have to display an active, valid tickets for eachall members of your group to the operator every time you board an RTD bus, or when requested by a fare inspector or police officer.

Your RTD mobile ticket will be sold to you via RTD’s mobile ticketing partner, Masabi. The mobile ticket itself creates a contract between you and RTD for the provision of the transport services that the mobile ticket allows you to use. It is RTD that provides these services to you under the mobile ticket, and in no event will Masabi be responsible for, or have any liability to you, in relation to these services or their availability or performance (including your use or access to any RTD vehicle, the RTD network, your use of any services provided under your mobile ticket, or for your use of the mobile retail application).

Prices and Receipts

When you purchase a mobile ticket on the mobile ticketing application, you will be notified of the price before you confirm your purchase. For information on fares please visit the RTD fare information web page at link to http://www.rtd-denver.com/Fares.shtml. Once you complete your purchase, a receipt will be emailed to the email address you provided.

Discount Fares

Discount fares are available for all seniors 65+, individuals with disabilities, Medicare recipients, and elementary, middle and high school students ages 6-19. Children 5 years of age or younger ride free with a fare-paying adult (limited to three children with each fare-paying adult). Active duty members of the U.S. military ride for free on all RTD services. Proof of eligibility is required for all passengers using discounted mobile tickets. Individuals with disabilities may obtain a Special Discount Card by calling 303.299.2667. Unauthorized use of discounted fare products is a form of fare evasion and will be enforced according to RTD policy and Colorado State laws. For more information on discount fares please visit the RTD fare information web page at link to http://www.rtd-denver.com/DiscountFares.shtml.

Transit Mobile Application

RTD grants you the right to download, install and use the mobile application on your mobile handset device to purchase tickets and access information in accordance with these terms and conditions. You do not and will not own the mobile application or any information that is provided to you through it or RTD, but you may use the application in accordance with these terms and conditions solely for the purposes of purchasing and using mobile tickets and accessing transport information for your own personal use and not for any other purpose. The mobile application is provided to you free of charge. RTD can suspend access to purchasing tickets through the mobile application and can do so for any reason.

Data charges and Connectivity

The mobile ticketing application is free, but you may incur data charges may be incurred to you by your cell phone network provider. You are responsible for any such costs. RTD will not take responsibility for any connectivity issues you may experience.

Availability & Updates

Travel is based on fare applicability on RTD services at the time of purchasing a ticket. Once purchased, the mobile ticket will specify the fare type and the validity of the ticket. The mobile ticket willYou mustbe activate d the mobile ticket on the mobile application automatically upon purchaseprior to boarding an RTD vehicle.

The mobile ticket can be used on all RTD bus and rail services except Access-a-Ride and Special Services. RTD Special Services include, but are not limited to, BroncosRide, RockiesRide, BuffRide, CU vs. CSU game at Sports Authority Field, Race for the Cure, RunRide, and SeniorRide.

RTD reserves the right to issue updates to the mobile application, in which case you may not be able to continue use of the version of the mobile application installed on your mobile handset device without downloading the latest update. RTD recommends that you download and install all updates issued. RTD is not liable for errors which become apparent in old versions of the mobile application.

Changes, Refunds, and Replacements

All sales are final; refunds are not permitted. Mobile tickets will only be replaced under special circumstances including but not limited to disruptions of the mobile application service disruptions. Please contact RTD Customer Care at 303.299.6000. The decision to change, cancel or replace a mobile ticket is made at RTD's sole and absolute discretion. Neither RTD nor Masabi shall be obliged to change, cancel, or replace a ticket when RTD has reason to believe that the circumstances prompting the change, cancellation, or replacement are/is the result of fraud.

Materials, Ownership and Restrictions on Use

The mobile ticketing application is operated by RTD and is either owned by RTD or its third party licensors (including without limitation Masabi) and any data, text, graphics, images, audio and video clips, logos, icons, software and links and any intellectual property and other rights relating thereto, are and will remain the property of RTD or Masabi or their respective licensors. You may not copy, reproduce, republish, upload, post, transmit or distribute the mobile ticketing application or any of its content without the prior written permission of RTD and its licensors. Nor may you: (i) reverse engineer, decompile or seek to obtain the source code to the mobile ticketing application except where and to the extent expressly required to be permitted by applicable law; or (ii) make or seek to make derivative works based on the mobile ticketing application. By using or downloading the mobile ticketing application, you agree to these terms and conditions. The mobile ticketing application is supplied to you by RTD and neither Masabi nor any of RTD’s other third party licensors shall have any liability to you arising out of or in connection with the mobile ticketing application.

Colorado law applies to these terms and conditions, and users agree that any dispute between RTD and the users of the mobile ticketing application regarding the mobile application or arising out of or in connection with these terms and conditions will be in Denver District Court, Colorado.

Disclaimer of Warranties

RTD and Masabi expressly disclaim any representation or warranty, express or implied, including, without limitation, any implied or express warranty of merchantability or fitness for a particular purpose, and any warranties regarding the security, reliability, timeliness and performance of the mobile ticketing application.

Liability Disclaimer

In no event will RTD, its employees, directors, and agents be liable to you or to any third party for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind directly or indirectly arising out of or related to your use or access to the mobile ticketing application, including loss of data, 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 Masabi 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 ticket 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 RTD nor Masabi 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 ticket. 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.

RTD is a statutory political subdivision of the State of Colorado and is subject to the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq. Nothing in these terms and conditions shall be construed as an express or implied waiver by RTD of its governmental immunity including limitations of amounts, types of liability, or governmental acceptance by RTD of liabilities arising as a result of actions which lie in tort or could lie in tort in excess of the liabilities allowable under the Colorado Governmental Immunity Act.

Indemnification

You agree to indemnify and hold RTD, its employees, directors, and agents and Masabi harmless from and against any all claims, damages, losses, costs, expenses, or liabilities relating to, arising from, or as a result of your use or access to the mobile ticketing application. You agree to pay any costs, including reasonable attorneys’ fees, incurred by RTD to enforce these terms and conditions.

Privacy

The collection, use, and security of information obtained from customers using “RTD Mobile Tickets” are subject to RTD's Mobile Ticketing Privacy Policy, as amended. This policy is consistent with Federal and State laws governing an individual's right to privacy and may be amended from time to time, as deemed necessary by RTD. The Privacy Policy is posted on the RTD website at http://www.rtd-denver.com/Privacy_Policy.shtml.

Support

If you have any questions or problems with the mobile application, please review the FAQs at link to FAQ’s for answers to the most common questions RTD receives from its users. If that does not answer your questions, please contact RTD Customer Care at (303)-299-6000.