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Terms & Conditions

These Conditions shall be binding on all persons ("Card Holders") to whom or on whose behalf an OJRA PASS, is sold, or who otherwise acquires an OJRA PASScard.

 

1- DISTRIBUTION OF OJRA PASS CARDS

    1. The OJRA PASScard is sold or otherwise distributed under OJRA PASS.
    2. Abu Dhabi Department of Transport (herewith known as (“DoT”) is the owner of the OJRA PASScard.
    3. These Conditions are published by the DoT and govern the possession and use of the OJRA PASScard.
    4. DoT operates the OJRA PASS card system in respect of the Card Holder’s use of the OJRA PASScard in accordance with these Conditions. The OJRA PASS cards are distributed by DoT and/or DoT’s agents (“Agents”).
    5. For the purposes of these Conditions:-
    • “Approved Holder” shall mean the party approved to be the holder upon the purchased of the OJRA PASS card from DoT and/or Agents.

      “cards” and “OJRA PASScards” shall include any cards authorised by the DoT, whether in the form of a card or otherwise, which are sold or distributed under DoT’s brand name “OJRA PASS”.
    • “Stored Value” or “stored value” shall mean the initial monetary value paid for the purpose of trip travel on public bus routes designated by the DoT.

      “Qualified Goods and/or Services” shall mean the goods sold and/or the services rendered by Qualified Merchants appointed by the DoT; and
    • “Qualified Merchants” shall mean persons approved by DoT to be engaged in the sale of the Qualified Goods and/or the provision of Qualified Services .

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2- CONDITIONS OF USE

    1. All OJRA PASScards are issued subject to these Conditions which shall be binding on all Card Holders.

    2. The purchase of the OJRA PASScard and/or the subsequent use thereof by the Card Holder shall be deemed to be acceptance by the Card Holder of these Conditions and any revisions to these Conditions.

    3. The Card Holder agrees:-

      1. to comply with all the notices, guidelines, rules and instructions pertaining to the use of the OJRA PASScard as issued by DoT from time to time, including operating rules and/or policies that may be published from time to time by DOT;

      2. to abide by all applicable laws and regulations in the use of the OJRA PASScard;

      3. not to tamper or allow anyone to tamper with the OJRA PASScard;

      4. to use the OJRA PASScard only as a means of payment for Qualified Goods and/or Services;

      5. not to intentionally deface, damage and/or destroy the OJRA PASScard;

      6. to take proper care of the OJRA PASScard to avoid damage; and

      7. not to affix, print, attach and/or place any markings, stickers, objects and/or any other material onto the OJRA PASScard or to otherwise alter, remove and/or replace any notices, trade marks, trade names, logos, artwork or designs on the OJRA PASScard.

    4. Where the OJRA PASScard has any markings, stickers, objects or any other materials affixed, printed and/placed thereon, DoT and/or the Agents may at its discretion refuse to entertain any request from the Card Holder to revalue or refund the OJRA PASScard, unless the OJRA PASScard has been restored to its original condition by the Card Holder to the satisfaction of DoT and/or the Agents
    5. Where any machine or equipment used by DoT and/or the Agent to process or read any OJRA PASS card has been rendered inoperable or faulty arising from any stickers or materials affixed onto any OJRA PASScard, DoT and/or the Agents may at its discretion retain such OJRA PASScard unless the Card Holder has paid DoT and/or the Agents a charge (as may be determined by DoT and/or the Agent) for restoring the machine or equipment to proper working order
    6. The Card Holder agrees that DoT shall be responsible to the Card Holder for all administrative matters relating to the distribution and/or use of the OJRA PASScard as contemplated under these Conditions, and DoT may appoint Agents to carry out such functions on its behalf.
    7. The Card Holder shall examine the OJRA PASScard and/or any change tendered upon the purchase of the OJRA PASScard before leaving the Ticket Office or Agents, as the case may be. DoT and/or the Agents shall not be liable for any error or omission not drawn to their attention at the time of issue of the OJRA PASScard.

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3- VALIDITY OF THE OJRA PASS CARD

    1. A OJRA PASScard is valid from the date that it is indicated for use by DoT (the “Validity Period”), and thereafter the OJRA PASScard shall expire.
    2. Paragraph 3.1 shall not apply to concession OJRA PASScards, and the validity period of concession OJRA PASScards shall be determined by the DoT from time to time.  Concession cards include, but not limited, to concession cards issued to senior people and people with special needs.
    3. References in these Conditions to a valid or an expired OJRA PASS card shall be construed accordingly.
    4. DoT may at its discretion blacklist/confiscate any OJRA PASScards:

      1. suspected of being counterfeited, stolen, lost, tampered with or fraudulently issued or procured; or
      2. the value on the OJRA PASScards have been fraudulently or illegally revalued, or
      3. the OJRA PASScards are or otherwise suspected of being faulty, damaged or invalid for use.
    5. Where any OJRA PASScards have been blacklisted/confiscated by DoT’s assigned officers, the Card Holder shall not be entitled to use the OJRA PASScards, and the blacklisted/confiscated OJRA PASScards shall not be returned to the Card Holder except with the approval of DoT.

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4- REFUNDS

  1. Neither DoT nor any of the Agents shall be obligated to make a refund to any Card Holder or to process any Card Holder’s request for refund on any OJRA PASScard (whether valid or expired). Notwithstanding the foregoing provision, each of DoT and the Agents may at their absolute discretion make a refund, and any such refund may be made and/or processed subject to conditions imposed by DoT and/or the Agents on DoT’s behalf. DoT and/or the Agents shall not be obliged to effect an immediate refund, and may, in its absolute discretion, refund the amount on any OJRA PASScard in such manner and upon due verification as it deems fit
  2. In any case, each of DoT and the Agents will not be liable to make a refund if :-
      1. the OJRA PASScard is not surrendered by the Card Holder at the time of a request for refund; or
      2. the information on the OJRA PASScard is erased wholly or in part, or otherwise altered or interfered with as determined by DoT and/or the Agents; or
      3. the OJRA PASScard’s external card number are not reliably readable for any reason whatsoever as determined by DoT and/or the Agents; or
      4. the OJRA PASScard is faulty, damaged or invalid for use whether intentionally or by failure by the Card Holder to take proper card of the OJRA PASScard as determined by DoT and/or the Agents; or
      5. the OJRA PASScard is counterfeited, stolen, lost, tampered with or fraudulently issued or procured; or
      6. the information on the OJRA PASScards have been fraudulently or illegally revalued.
  3. A Card Holder who presents an OJRA PASScard for refund at the designated places shall, upon request, produce his/her passport for inspection. Each of DoT and the Agents may at their absolute discretion refuse any request for the refund, if the Card Holder does not produce his/her identification.

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5- DETERMINATION OF VALUE IN OJRA PASS CARD

    • The determination by DoT and/or the Agents as to the value of an OJRA PASScard shall be final and conclusive. For the purpose of such determination, the value as determined by DoT and/or the Agents from the records of DoT shall, save for manifest error, be deemed to be conclusive and binding against the Card Holder.

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6- REPLACEMENT OF DEFECTIVE OJRA PASS CARDS

    1. Subject to paragraphs below, a Card Holder may replace a defective OJRA PASScard by presenting it at the Abu Dhabi Central Bus Station.  The defective OJRA PASScard shall be surrendered to and retained by DoT and/or the Agent upon such request for replacement. For the purposes of these Conditions, an OJRA PASScard shall only be regarded as “defective” as determined by DoT and/or the Agents.
    2. Other than as provided in paragraph 6.1 above, neither DoT nor any of the Agents shall be obligated to replace any OJRA PASScard (whether defective or not). Notwithstanding the foregoing provision, each of DoT and the Agents may at their absolute discretion replace the OJRA PASScard, and any such replacement may be made subject to conditions imposed by DoT and/or the Agents on DoT’s behalf.
    3. In any case, each of DoT and the Agents will not be liable to replace the OJRA PASScard for free as provided in paragraph 6.1 if:-
      1. the OJRA PASScard is not surrendered by the Card Holder at the time of request for replacement; or
      2. DoT and/or the Agents in its discretion determine that the OJRA PASScard has been damaged whether intentionally or by failure to take proper care of the OJRA PASScard or; or
      3. the OJRA PASS card has been tampered or otherwise damaged due to wear and tear; or
      4. the external card number is not reliably readable for any reason whatsoever as determined by DoT and/or the Agents; or
      5. the OJRA PASScard has exceeded the validity period

       

    4. A Card Holder who presents an OJRA PASScard for replacement at the designated places shall, upon request, produce his/her passport or valid identification papers for inspection. Each of DoT and the Agents may at their absolute discretion refuse any request for replacement of the OJRA PASScard, if the Card Holder does not produce his/her identification.
    5. The determination by DoT and/or the Agents as to the value on a defective OJRA PASScard shall be final and conclusive. DoT reserves the right to subsequent adjustments to such determination should any transaction records received late indicate a different value than that determined at the time of replacement.

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7- OWNERSHIP OF OJRA PASS CARDS

    1. Notwithstanding payment of the applicable card cost for any OJRA PASScard purchased, all OJRA PASScards shall remain the property of DoT. All OJRA PASScards shall be produced at any time on demand for inspection by any authorised officer or employee of DoT, any Agent, and/or the Transport Operators.
    2. DoT, the Transport Operators and/or the Agents shall be entitled without assigning any reason therefore to retain any OJRA PASScard which it reasonably suspects or has reason to believe to have been fraudulently issued, stolen, tampered with and/or used any OJRA PASScard (including but not limited to personalised and concession OJRA PASS cards) which was not issued to the person using such OJRA PASScard or which the person is not entitled to the use thereof, or where the OJRA PASScard has been blacklisted.

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8- LOSS OF OJRA PASS CARDS

    1. Card Holders are responsible for safeguarding their OJRA PASScards against loss, damage or theft, and ensuring that their OJRA PASScards are not used by any person without the Card Holder’s permission.
    2. Where DoT and/or the Agents are in possession of any lost OJRA PASS card, the Card Holder may reclaim the OJRA PASScard provided that the Card Holder is able to produce proof of ownership to the satisfaction of DoT and/or the Agents. Card Holder shall not have any claim to any lost OJRA PASScard if the lost OJRA PASScard remains unclaimed after two weeks in DoT and/or the Agents’ possession. DoT shall be fully entitled to deal with the lost OJRA PASScard as it thinks fit.

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9- EXCLUSION OF LIABILITY

    1. Notwithstanding anything to the contrary contained herein, each of DoT and the Agents shall not be liable, whether or not arising out of the negligence of each of DoT, the Agents and/or their respective officers, employees, or agents, for any losses, damages, expenses, claims, liability and costs (including cost on a solicitor and client basis) that the Card Holder may incur or suffer in connection with:-
      1. the use or issue of OJRA PASScards; or
      2. any delay in issuing of OJRA PASScards or suspension or discontinuance of issuing of OJRA PASScards;
      3. any period where any equipment, software or system is unavailable for processing the use of the OJRA PASScards for payment; or
      4. any delay or detention arising from use of OJRA PASScards (including damaged <name of card>cards).
    2. Damaged or defective OJRA PASScards may not be accepted for use. Neither DoT nor the Agents shall be liable for any loss, delay or inconvenience that may be incurred if the OJRA PASScard is not accepted for use.

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10- AMENDMENT

    1. DoT may (for and on behalf of itself and/or Citibank) from time to time amend any part of these Conditions. DoT will give notice of any amendment by posting the same at its website at www.ojra.ae Abu Dhabi Central Bus Station, the premises of the Agents and/or such other premises as may be determined by DoT. The Card Holder agrees that any notification of amendments as aforementioned shall be sufficient notice for the purpose of this paragraph. If the Card Holder does not accept any amendments, he shall cease all use of the OJRA PASScard. The Card Holder’s continued use of the OJRA PASScard after the date of such notification shall constitute an affirmative acknowledgement by the Card Holder of the amendments and shall be deemed to be the Card Holder’s acceptance of such revised Conditions.

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11- NO WAIVER

    1. No failure or delay on the part of DoT in exercising any power, right, or remedy under these conditions shall operate as a waiver of such power, right, or remedy.

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12- RIGHT OF THIRD PARTIES

    1. A person or entity who is not a party to these Conditions shall have no rights to enforce any term of these Conditions, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this paragraph shall affect the rights of any permitted assignee or transferee of these Conditions.

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13- FORCE MAJUERE

    1. Neither DoT nor any Agents shall be liable for non-performance, error, interruption or delay in the performance of their obligations under these Conditions, in the OJRA PASScard’s operation, if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond its reasonable control which includes without limitation:-
      1. flood, lightning, acts of God, fire, earthquakes and other natural disasters;
      2. judgements, legislation, acts, orders, directives, policies, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any court, governmental, parliamentary and/or regulatory authority imposed or to be imposed after the fact;
      3. power failure;
      4. acts or defaults of any telecommunications network operator or equipment provider;
      5. circumstances where communications lines and/or computer systems of DoT, the Agents and/or the Qualified Merchants cannot be used for reasons attributable to third party telecommunications carriers; and
      6. acts or omissions of any Qualified Merchant or any party for whom DoT and/or the Agents are/is not responsible.

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14- INDEMNITY

    1. The Card Holder hereby undertakes and agrees to indemnify DoT and keep DoT at all times fully indemnified from and against all actions, proceedings, claims, liabilities (including statutory liability), penalties, demands and costs (including without limitation, all legal costs), awards, damages, losses and/or expenses however arising directly or indirectly by reason of and/or as a result of any breach or non-compliance by the Card Holder of the terms and conditions herein.

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15- GOVERNING LAW

    1. The construction, validity and performance of these Conditions shall be governed by and construed in accordance with United Arab Emirates law. Each party mentioned herein hereby submits to the non-exclusive jurisdiction of the United Arab Emirates courts.

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