Terms and Conditions
PRONTO Terms and Conditions
By accessing PRONTO Services on any computer, mobile phone, tablet, console, or other device, or through use of an electronic fare card, you represent and affirm that you are at least 13 years old or you affirm that you have parental consent and have reviewed this agreement with a parent or guardian, and agree to be bound by these Terms of Service, whether or not you are a registered user. The Agencies reserve the right to change the terms of this Agreement and any associated policies at any time by providing written notice on the PRONTO website at ridepronto.com. Your continued use of the Services shall be considered your acceptance to the revised Terms of Service. If you do not agree to these Terms of Service, please do not use the PRONTO system.
Card Acquisition and Registration
MTS, the administrator of the PRONTO system, may require a nonrefundable fee for passengers wishing to acquire a PRONTO Card. The fee shall not exceed $7. Cards may be purchased, and fare products added to PRONTO accounts, at retail outlets region wide, as well as through the MTS Transit Store and NCTD Customer Service Centers, at ticket vending machines (TVMs), by calling 619-595-5636, and on ridePRONTO.com. Card and fare product availability varies by sales location. Additionally, a virtual PRONTO card may be acquired through the PRONTO mobile app.
Registration is required when purchasing a PRONTO card through ridePRONTO.com, via XXX-XXX-XXXX, or via the mobile app. PRONTO cards acquired through other sales channels may also be registered at ridePRONTO.com, by calling 619-595-5636, via the mobile app, or by visiting an Agency Transit Store or Customer Service Center. Registration allows customers to 1) reload their cards on the mobile ticketing app, 2) set up autoload (see below), 3) protect their balance in the event their PRONTO card is lost or stolen, and 4) manage multiple PRONTO cards (maximum of twenty (20) cards per account).
PRONTO Card users may opt not to register but shall be required to pay the above-mentioned fee and will not receive the benefits of registration. Whether or not a user pays a fee or participates in the registration program, the PRONTO Card shall be the property of the Agencies and may be revoked and/or confiscated by the Agencies.
Participants in special fare programs which include but are not limited to reduced fare riders, college pass users, and customers receiving benefits from an employer or other third party, are considered registered in the system only as it pertains to the ability to replace a lost or stolen PRONTO card. Other benefits of account registration as described above will require a separate registration by the cardholder via ridePRONTO.com, the mobile app, by calling 619-595-5636, or at an Agency Transit Store or Customer Service Center.
You are responsible for any activity that occurs under your account. Keep your username and password secure and do not allow anyone else to use them to access the PRONTO system. You are responsible for maintaining the security and confidentiality of your User ID and Account Password. You are also solely responsible for all activities that occur through your User ID and Account Password. You agree not to access or use, or attempt to access or use, ridePRONTO.com, the mobile app, or any part them by using the identity or the registration data of any person other than yourself. You agree to notify Agencies immediately of any unauthorized use of your User ID or Account Password.
From time to time, you may receive an email message from the Agencies asking you to log into the Website to confirm or update your account information. If such account information is not confirmed or updated, the account may be suspended by the Agencies. Please read our Privacy Policies (https://www.sdmts.com/privacy-policy and https://www.gonctd.com/policies/), which describes the personally identifiable information we collect, use, disclose, manage and store. IMPORTANT: You can change or update your account information only through ridePRONTO.com, the mobile app, or by calling 619-595-5636. The Agencies will use your email address only to create passwords. The Agencies will never ask you to confirm or update other account information through a link in an email. If you receive an email message purportedly from the Agencies asking you to click on a link to provide personal or credit card information, DO NOT DO IT as it is likely an attempt to obtain your personal information for fraudulent or other illegal purposes. If you receive such an email, please immediately report it to the Agencies by calling the Agencies’ Customer Service Center at 619-595-5636.
Available Fare Products
PRONTO cards support both pass products (day and monthly passes) and money for pay-as-you-go fare payment. PRONTO Card fare payment shall be prioritized such that the PRONTO system will validate a transit pass before money if both are loaded to a card. A maximum of $300 may be loaded to a PRONTO card.
A PRONTO Card with money may not be used to purchase an additional or replacement PRONTO Card. A PRONTO Card with money may not be used to purchase fare products or money to be loaded onto a different PRONTO Card. Customers may not redeem PRONTO cards for money or any product or service other than the Agencies’ transit services.
Should the money balance on a PRONTO card be negative, the card will be blocked. Future PRONTO value loads to the card will apply first to the negative balance with the remainder becoming the PRONTO cards money balance.
Registered cardholders can set up an autoload, which enables the system to automatically load money or passes onto your card. By authorizing autoload, you authorize MTS and NCTD to charge your payment card when the account value drops below a defined threshold, or in the case of passes, five (5) days before the current pass expiration. Customers may opt to disable autoload at any time.
Lost, Stolen or Damaged Cards
PRONTO users shall take reasonable care of the PRONTO card to protect it from damage, defacement, destruction, or loss of any kind. Should a registered card be lost, stolen, or damaged, the authorized cardholder will have the ability to transfer the balance from the lost, stolen, or damaged card to a new card. An unregistered user shall have no right to balance protection.
Fare Payment/Account Validation
You must have an activated and valid fare or be in the process of purchasing a fare whenever in the Agencies’ Paid Fare Zones. You must have an activated and valid fare before boarding any of the Agencies’ vehicles. Fares with a time stamp of less than two minutes before inspection are subject to a citation. An activated and valid fare is defined as receiving a successful validation upon tapping a PRONTO card or scanning a mobile app barcode at an Agency validating device. Each PRONTO validation is valid only for one boarding on any individual bus or train. Transfer to another bus or train requires another PRONTO media validation. Passengers who fail to validate their PRONTO card/app as required may be deemed to not be in possession of a valid fare consistent with the ordinances and policies of MTS and NCTD will be subject to penalties, including but not limited to, citation and exclusion, for failure to exhibit proof of payment.
When using the PRONTO mobile app, it is your responsibility to use a charged and properly operating mobile device with Internet connectivity to access and use the App. You are solely responsible at all times for the proper functioning of your mobile phone to show proof of payment.
All card holders boarding any bus or rail vehicle and paying their fare using money on a PRONTO Card will have the applicable one-way fare cost deducted from the Card’s account value when a farebox or platform validator is tapped. Compass Card users must present their card to the appropriate validation device when entering fixed fare transit services (e.g. fixed route bus, SPRINTER, Trolley) and present their card to the appropriate validator device when entering and exiting zone-based transit services
(COASTER). For all Agency services except COASTER, the maximum value that can be debited from your PRONTO balance will be capped at the maximum daily and monthly fare for Regional or Premium services, as applicable, in effect at the time the validations are made. [POTENTIALLY ADD A REFERENCE TO WHERE SAMPLE CALCULATIONS OR AN EXAMPLE CAN BE FOUND].
Patrons who fail to present their PRONTO Card while exiting zone-based transit services in
the manner describe above, will be charged the highest rate for that service mode.
Each rider must have a separate PRONTO fare media (card, app, ticket) for validation and use of Agency services. PRONTO cards are not transferable.
Inspection and Use of PRONTO Cards
Patrons who fail to present their Compass Card while entering transit services in the manner described above, will be deemed to not be in possession of valid fare and subject to applicable fines and penalties.
Users must produce the PRONTO Card/APP or a paper ticket issued by the Agencies for inspection by authorized MTS or NCTD personnel or their designated agents. The PRONTO Card/APP is intended as a fare payment device on MTS, NCTD, or any transportation service that is part of the San Diego Regional Fare System. Any nonauthorized use of the card is strictly forbidden. You understand that you will be subject to penalties, including but not limited to, citation and exclusion, for failure to exhibit proof of fare payment.
Reduced Fare customers must maintain custody of their reduced fare card. Reduced Fare PRONTO cards are not transferable. Use by anyone other than the assigned user may result in suspension or termination of the PRONTO card. The cardholder photo presented at the time of application for reduced fare eligibility may be printed on the customer’s PRONTO card and will be stored in PRONTO system. Reduced fare customers whose photo is not printed on their reduced fare PRONTO card are required to carry photo ID proof of eligibility.
Upon termination and return of the user’s PRONTO card, the user is not entitled to a refund of any remaining value or products. Following termination, the user will remain responsible for payment of amounts owed under this Agreement. If the user’s money balance is insufficient to cover the outstanding charges, the user will remain liable for all such amounts. If such unpaid charges are not properly remitted, the user may become liable for additional service charges, fines, or penalties, in accordance with applicable law.
Refunds of PRONTO Money and Transit Products
All sales are final. Refunds will not be issued for transit pass products or money loaded onto a PRONTO Cards.
If a PRONTO account has been inactive for 18 continuous months (it has not been used for transit or reloaded), a dormancy fee of $5 per month may be charged against the account until the balance is reduced to zero. Any unused pass products in the account will be converted to the amount initially paid for that pass. You can stop the monthly deduction of the dormancy fee at any time with a single use of the account for transit or by adding value to your account. If you have registered your PRONTO Account and provided contact information, you will be sent a warning notice prior to the initial assessment of the dormancy fee to inform you that a dormancy fee will soon be charged if your account remains inactive.
If the value in your PRONTO Account is less than the dormancy fee, the remaining value in your account will be reduced to zero.
Fare Payment and Legal Requirements
Use of the Agencies’ transit services are subject to your payment of applicable fare charges and any applicable fees. Fare Transactions may be regulated by certain federal, state, and local laws or regulations. You agree to comply with all laws applicable to using PRONTO, including but not limited to the Agencies’ ordinances and policies. You acknowledge that complying with all applicable laws is your responsibility. The Agencies reserve the right, without refund of any amount paid, to prosecute and to impose any penalties allowed by applicable law, including but not limited to exclusion and citation, upon any person whose conduct violates Agencies policies or applicable law in purchasing tickets and accessing Agencies’ facilities and riding the Agencies’ vehicles. The Agencies will comply with law enforcement officials and may provide them with all information you submit to us to assist in any investigation or prosecution they may conduct as allowed by state and federal law. You are solely responsible for any data charges or other charges you may be assessed by your mobile phone service provider. A ticket is not redeemable for cash.
Termination and Other Remedies
This Agreement shall remain effective until terminated in accordance with the terms of this Agreement. The Agencies reserve the right to modify or terminate this Agreement, and/or your access to and use of PRONTO services, immediately without notice at any time and for any reason, with or without cause. Upon termination of this Agreement, your right to use PRONTO shall immediately cease, and you agree that you will destroy all content obtained from the PRONTO App or website and all copies thereof, whether made under this Agreement or otherwise. You agree that any termination of your access to or use of PRONTO may be effected without prior notice and that the Agencies may immediately deactivate or delete your password and user name, and all related information and files associated with your account, and/or bar any further access to such information or files. You agree that Agencies shall not be liable to you or to any third party for any termination of your access to PRONTO or to any such information or files and shall not be required to make such information or files available to you after any such termination.
Violations of this Agreement, including unauthorized use PRONTO, may be investigated, and appropriate legal action may be taken, including without limitation civil, criminal and injunctive action. You agree that monetary damages may not provide a sufficient remedy to the Agencies for violations of this Agreement, and you consent to injunctive or other equitable relief for such violations.
The Agencies are not required to provide any refund to you if it exercises any of its rights or remedies because you have violated this Agreement or any of Agencies' rights. Additionally, the Agencies reserve the right, in its sole discretion, to modify, suspend or discontinue any part of the App at any time, or to impose limits on certain features and App and to restrict access to any part or to all of the App, without notice to you. The Agencies shall not be liable to you or to any third party for any claim or cause of action arising out of its exercise of these rights.
All protective provisions of this Agreement shall survive termination, including but not limited to intellectual property protections, warranty disclaimers, indemnity and limitations of liability.
You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the PRONTO App or website and you are solely responsible for all charges related to those activities. You assume all responsibility and risk for your use PRONTO services and your reliance thereon. No opinion, advice or statement of the Agencies, shall create any warranty. Your use of PRONTO and of any content provided through the PRONTO App or website are entirely at your own risk. You acknowledge and agree that neither the Agencies nor its licensors are responsible for any contact or interaction between you and any other user of PRONTO services and that you bear the sole risk of transmitting through the PRONTO App or website, any content, including payment information and information that identifies you or your location. The payment of a fare using PRONTO does not guarantee that transit service will be provided or available at the time scheduled or that transit service will be timely, available, not delayed, cancelled or changed as to time or location. Your use of the App does not create a bailment or other liability for your personal property that you may bring on board a transit vehicle.
To the fullest extent permissible pursuant to applicable law, the Agencies and its licensors and clients disclaim all warranties, express or implied, with respect to PRONTO services, including without limitation implied warranties of title, non-infringement, accuracy, merchantability and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. Neither the Agencies nor its employees, officer, licensors or vendors warrant that your use of PRONTO services will be uninterrupted, error-free or secure, that defects will be corrected, or that the PRONTO Website, App and the server(s) on which they are hosted are free of viruses or other harmful components.
Limitation of Liability
Neither the Agencies nor any of their affiliates, licensors, clients, suppliers, advertisers or sponsors, nor their directors, officers, employees, consultants, agents or other representatives (“System Providers”), are or will be responsible or liable to you or to any third party for any indirect, incidental, consequential, special, exemplary, punitive or other damages (including without limitation damages for loss of business, loss of data or lost profits), under any contract, negligence, strict liability or other theory arising out of or relating in any way to PRONTO services and/or materials contained on the PRONTO App, to any linked website or to any product or service purchased. Without limiting the foregoing, you expressly acknowledge and agree that the System Providers shall have no liability or responsibility whatsoever for (a) personal injury or property damage, of any nature, whether arising in contract or in tort, resulting from your access to and use of the PRONTO App or the Website, including any claim, cause of action, obligation, liability, right, or remedy whether or not arising from the negligence of the Agencies or the System Providers, (b) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (c) any interruption or cessation of transmission to or from the Website, (d) any bugs, viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature which may be transmitted to or through the Website by any third party, (e) any errors, mistakes, inaccuracies or omissions in any materials, or for any loss or damage of any kind incurred as a result of the use of the App and any information posted, emailed, transmitted or otherwise made available via the App, and/or (f) the failure of a transit system to honor a ticket. Your sole and exclusive remedy for dissatisfaction with the PRONTO services is to stop using the PRONTO services.
You agree to indemnify, defend and hold harmless the Agencies, their affiliates, licensors, clients, suppliers, advertisers, sponsors and contractors and their respective directors, officers, employees, consultants, agents and other representatives, from and against any and all claims, damages, losses, costs and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement and/or (b) your activities in connection with PRONTO.
Interstate Nature of Communications
You acknowledge that in using PRONTO you will be causing communications to be sent through interstate telecommunications networks, which are governed by federal law pursuant to the interstate commerce clause of the U.S. Constitution. Even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. You acknowledge that use of PRONTO results in interstate data transmissions.
Assignment; Change in Control
You cannot assign this Agreement without the prior written approval of the Agencies. Any attempt at improper assignment shall be void. The Agencies may assign this Agreement without your consent to (a) a parent or subsidiary, (b) an acquirer of assets, (c) a successor by merger, or (d) a service provider under contract with the Agencies to manage PRONTO.
If any part of the Agreement should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, then such term shall be enforced only to the extent that it is enforceable, and the remaining terms shall survive and remain in full force and effect and continue to be binding and enforceable.
No waiver of any term, provision or condition of the Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or shall constitute a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
If the performance of the App or any part of the Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor dispute, act of God or any other causes beyond the control of either party, that party shall be excused from such for a reasonable time that it is prevented, hindered or delayed by such causes.
Choice of Law and Venue
This Agreement is made and will be performed entirely in San Diego County, California. Any and all claims, causes of action or disputes (regardless of theory) between you and Agencies arising out of or related to this Agreement, the App, Website, or content accessed through the App, and transactions made through use of the App, including but not limited to disputes concerning the transfer of funds related to fare payment, shall be governed by the laws of the State of California without regard to conflict or choice of law principles, and that venue for any such action shall be in San Diego County.
You acknowledge that any dispute concerning an amount in controversy that is within the jurisdictional claim limit of the San Diego County Small Claims Court must be brought (filed and heard) in that court. Any dispute concerning an amount in controversy greater that the jurisdictional claim limit of the San Diego County Small Claims Court or that seeks injunctive relief must be submitted to arbitration in accordance with this Agreement. You acknowledge and agree that, regardless of any statute or law to the contrary, you must file any claim or cause of action against the Agencies in accordance with the California Government Claims Act, Government Code section 900 et seq. You acknowledge and agree that your failure to follow those claims requirements will forever bar your claim. You agree that any dispute, claim or controversy of an amount greater than $5,000 arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, or the use of the App will be settled by binding arbitration between you and the Agencies, except that each party retains the right to bring an individual action in small claims court in San Diego County, California.
- Individual Capacity. You acknowledge and agree that you and the Agencies are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Legal Disputes" section will be deemed void. Except as provided in the preceding sentence, this "Legal Disputes" section will survive any termination of this Agreement. You acknowledge and agree that you and the Agencies are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
- Arbitration Rules. The arbitration will be conducted in San Diego County, California. The arbitration shall be administered by one arbitrator from the American Arbitration Association (AAA) or as selected by either party. Unless the parties or the AAA determines otherwise, the Expedited Procedures shall apply in any case in which no disclosed claim or counterclaim exceeds $25,000, exclusive of interest, attorneys' fees, and arbitration fees and costs. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
- Arbitrator's Decision. The arbitrator will render a decision and award within the time frame specified in the AAA Rules. The arbitrator's decision will be a reasoned decision, which gives the basic reasons for the decision and not all the detailed factual findings. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The parties shall equally share the fees charged by the arbitrator, and each side shall bear their own respective costs. In any arbitration arising out of or related to this Agreement, the arbitrator is not empowered to award punitive or exemplary damages and the parties waive any right to recover any such damages.
- Fees and Costs. Each party will be responsible for paying half of any AAA filing, administrative and arbitrator fees. Each party will pay its own costs and attorney's fees, regardless of who wins or loses an arbitration.
App/Website User Code of Conduct
When using the PRONTO mobile app or website, you agree that you will not:
- Recreate a fare product for the purpose of riding the Agencies’ services without purchasing a valid fare.
- Restrict or inhibit any other visitor or user from lawfully using the App or the Website, including, without limitation, by means of "hacking" into or otherwise accessing the App or the Website in a manner that is not authorized by the Agencies or defacing any portion of the App or the Website;
- Use the App or the Website for any unlawful purpose;
- Transmit any software onto the App or the Website that contains any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the App or the Website, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the App or the Website;
- Attempt to access another person's personal information or data on the App or the Website;
- Remove any copyright, trademark or other proprietary rights notices contained on the App or the Website;
- "Frame" or "mirror" any part of the App or the Website;
- Use any robot, spider, offline reader, search/retrieval application or other manual or automatic device or process to retrieve, index, data-mine or in any way reproduce or circumvent the navigational structure or presentation of the App or the Website or its contents without the Agencies’ prior written consent;
- Upload or attempt to upload content to the App or the Website other than the information specifically required by the Agencies for your access to or use of the App or the Website; or
- Take any action that imposes or may impose (in the Agencies’ sole discretion) an unreasonable or disproportionately large load on Agencies’ (or its third-party providers') infrastructure.
- Intentionally damage or deface any the Agencies’ property, including facilities, vehicles, equipment.
Trademarks and Copyright; Ownership and Use Restrictions.
Subject to your compliance with this Agreement, you may download one (1) copy of the App, and you may use it solely for your personal, non-commercial use, provided that you do not delete, alter, remove, modify or deface any copyright and other proprietary notices contained therein. Subject to your compliance with this Agreement, The Agencies grant you a limited license to use the App, provided that you not use, reproduce, modify, display, publicly perform, distribute, create derivative works of the App, or circumvent any technological measure that effectively controls access to the App in any way, including without limitation by manual or automatic device or process, for any purpose. You agree not to resell the App. Use of the App and the PRONTO Website for any purpose other than as expressly authorized in this Agreement is a violation of the Agencies’ copyrights and other proprietary rights and is strictly prohibited.
The information and content provided on or through the PRONTO App or the Website, including any data, text, designs, graphics, images, photographs, illustrations, audio and video clips, trademarks, logos, service marks, icons and links are created by and owned exclusively by the Agencies and are intended to educate and inform you about the products and services offered or described in the App. Nothing contained on the App or the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark, logo, or service marks without the express written permission of the Agencies, the Agencies’ licensors or suppliers, or the third-party owner of any such trademark, logo, or service mark. The trademarks, logos, and service marks, whether registered or unregistered, may not be used in connection with any product or service that is not offered by the Agencies, in any manner that is likely to cause confusion with customers, or otherwise interfere with the Agencies’ ownership of the trademarks or the public's access to and use of the App.
The App, including all software, databases, proprietary information and any intellectual property and other rights relating thereto and including without limitation the selection, sequence and "look and feel" and arrangement of items, are owned and operated by the Agencies and will remain the property of the Agencies. The App is protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You further acknowledge that you do not acquire any ownership rights by using the App.
All editorial and creative assets on the Website, including the code used to create web pages, are protected by US and international copyright laws. The Agencies reserve all rights to this content. All copyrights, design rights, trademarks, and other intellectual property rights (registered and unregistered) in and on the Website belong to the Agencies, each of which reserves all rights. Nothing in this Agreement or other provision of the Website grant to you or any person a right or license to use any trademark, design right or copyright owned or controlled by or licensed to the Agencies.
Linking and Hyperlinking
You are granted a limited, non-exclusive right to create a text hyperlink to the App, provided that the linking website does not contain any illegal material or such link is not for an illegal purpose. This limited right may be revoked at any time. You may not use the Agencies’ logo or other proprietary graphic to link to the App without the express written permission of the Agencies. Further, you may not use, frame or utilize framing techniques to enclose any of the Agencies’ trademarks, logos or other proprietary information, including the images found on the App, the content of any text or the layout/design of any page or form contained on a page on the App without the Agencies’ express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of the Agencies or any third party.