Customer Agreement

These terms and conditions, along with your application, constitute your StraitPass Customer Agreement, made and entered into by and between you (the "User"") and Strait Crossing Bridge Limited (SCBL).

Failure to abide by the provisions herein may result in the cancellation of the User's privileges to use the SCBL electronic toll collection system known as StraitPass.
  1. AGREEMENT

    Subject to the terms of this Agreement, SCBL agrees to sell the StraitPass transponder (the "Transponder") to the User which may be used to obtain passage on the Confederation Bridge. The cost of each transponder shall be $40.00, and is non-refundable.

    SCBL further agrees to permit the use of transponders of the same kind which are already in the possession of the User to be used as StraitPass transponders, upon completion and approval by SCBL of an application submitted to SCBL.

  2. USE OF THE TRANSPONDER

    User agrees:
    (a) To mount, display, and use the Transponder in accordance with Transponder mounting instructions received from SCBL.
    (b) Not to proceed through any traffic lane if the signal light is red.
    (c) Not to assign or in any way transfer this Agreement and the Transponder without the prior written consent of SCBL.
    (d) To be fully responsible for and pay any and all charges arising from the use of each Transponder until such time as the User cancels the account, in writing, or surrenders the Transponder to SCBL.
    (e) To use the Transponder only on a vehicle for which it is valid. Use of the Transponder on a vehicle of a different toll classification will result in an incorrect toll charge, and may result in termination of this Agreement by SCBL.
    (f) To ensure updated credit card information is provided to SCBL.

  3. DEFAULT

    Any of the following events shall constitute an event of default:
    (a) User fails to make any payments owed under this Agreement when due;
    (b) User fails to perform or observe any terms or conditions under this Agreement; or
    (c) User has provided incorrect information to SCBL under this Agreement, Application form, or in any document or certificate furnished to SCBL, or does not report any changes of such information to SCBL within the specified time.

    SCBL can terminate this Agreement immediately without notice or any obligation whatsoever to the User, upon the occurrence of one or more of the foregoing events of default.

  4. TOLLS, CHARGES AND FEES

    User's credit card will be charged for the tolls applicable each time the User's Transponder is used to obtain passage on, continue upon or exit from the StraitPass collection area.

    User's credit card will be charged for the purchase of any Transponder.

    SCBL will charge customer credit card accounts with a $25.00 violation fee for each Violation Notification of a toll payment which has not been approved by the credit card issuer for any reason. SCBL reserves the right to change the violation fee upon simple notice.

  5. LOST OR STOLEN TRANSPONDERS

    User must notify SCBL immediately of any lost or stolen Transponder(s), identifying such Transponder(s) by serial number. Until SCBL is notified in writing, USER WILL CONTINUE TO BE RESPONSIBLE FOR CHARGES RESULTING FROM USAGE. Once so notified, SCBL will invalidate the Transponder. SCBL will issue User a replacement Transponder(s) upon request and upon payment for each Transponder.

  6. TERMINATION

    SCBL and/or User may terminate this Agreement at any time.

  7. DEFECTIVE STRAITPASS TRANSPONDERS

    If a SCBL Transponder is defective for any reason, other than as a result of abuse or improper use, and is returned to SCBL, it will be replaced at no charge.

  8. INDEMNIFICATION AND LIABILITY

    (a) User releases SCBL, its officers, directors, employees or agents (collectively in these paragraphs "SCBL") from any and all loss, damage, or injury whatsoever from the use or performance of StraitPass and the Transponder. SCBL shall not have any obligation or liability to the User with respect to the use or the performance of StraitPass and the Transponder. The only recourse available to the User shall be the replacement by SCBL of any defective Transponder. User agrees to indemnify, protect, and hold harmless SCBL from any liability for all loss, damage, or injury to persons or property arising from or related to the use of StraitPass and the Transponder.

    (b) Additionally, SCBL shall not be liable for (a) any incidental, indirect, special or consequential damages including, but not limited to, loss of use, revenues, profits or savings, even if SCBL knew or should have known of the possibility of such damages, or (b) any claims, demands, or actions against User by any person, corporation, or other legal entity resulting from the use of StraitPass, Transponder(s), and/or charging of User's credit card.

  9. ALTERATION OF TERMS

    SCBL may change the terms of this Agreement at any time by providing written notice to User. If the Transponder is used after User receives notice of the new terms of this Agreement, then User shall be bound by the new terms.

  10. DEEMED NOTICE

    For purposes of this Agreement, User shall be deemed to have received notice 10 days after any notice is deposited with Canada Post postage prepaid, addressed to User at the last address that appears on SCBL's records.

  11. PAYMENT OF COSTS OF ENFORCEMENT

    User agrees to pay all costs, including legal fees, incurred by SCBL in enforcing this Agreement.

  12. CHANGES IN USER INFORMATION

    User shall inform SCBL, in writing, of any changes in the information set forth in the StraitPass Application and, specifically, shall immediately notify SCBL of any changes in credit card issuer, number or expiry date.

  13. CONFIDENTIALITY

    SCBL agrees not to disclose the User's name and address for any commercial purpose. All account information is considered private, and subject to any applicable law to the contrary, will remain confidential.

  14. SCBL ADDRESS

    For the purpose of giving any and all notice(s) to SCBL required under the provisions of this Agreement, User shall use the following address:

    Strait Crossing Bridge Limited
    104 Agegweit Blvd.
    P.O. Box 2032
    Borden-Carleton, PE
    C0B 1X0

    Phone: 902-437-7300
    Fax: 902-437-7321
    Email: straitpass@confederationbridge.com

  15. CAPTIONS

    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.

  16. PROVISIONS SEVERABLE

    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 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 thereby.

  17. GOVERNING LAW

    This Agreement shall be governed and construed in accordance with the laws of the Province of Prince Edward Island and the laws of Canada applicable in Prince Edward Island.

  18. COMPLETE AGREEMENT

    The Agreement and the Application constitute the entire agreement between the User(s) and SCBL.

    The transmittal of signatures or of signed copies of this Agreement by facsimile machine or other mechanical or electronic form by any party hereto constitutes good and valid execution and/or acceptance respecting this Agreement and is legally binding on the parties.