Last updated: 7 September 2017, see summary of changes.
2. Terms: All AT HOP cards are issued subject to, and must be used in accordance with, these Terms. By purchasing or using an AT HOP card, you accept all of these Terms.
3. Changes: We may revise these Terms. Changes to these Terms will take effect immediately once they are published on our website AT.govt.nz/athop (Website). We will advise customers that these changes have occurred by the notice methods set out in section 39. By purchasing, or continuing to use, an AT HOP card after we have published revised Terms, you agree to be bound by the revised Terms.
Terms of Issue and Use of AT HOP cards
4. AT HOP cards: You may use an AT HOP card to pay for public transport journeys provided by public transport operators (Public Transport Operators) in the Auckland region using any of the following System products as available from time to time (Products):
4.1. Period Pass: a pass credit loaded onto an AT HOP card allowing you to have unlimited journeys within a number of days (Period Pass).
4.2. HOP Money: stored money value loaded onto an AT HOP card (HOP Money), which can be used to purchase public transport journeys or paper tickets for public transport journeys;
5. Your Obligations: You agree to:
5.1. use the AT HOP card only in accordance with these Terms;
5.2. comply with all notices, policies, and instructions relating to the use of the AT HOP card, concessions and Products that we may issue from time to time;
5.3. provide us with any information and assistance that we may reasonably request relating to the issue, use, suspension, and cancellation of the AT HOP card;
5.4. tag on at the beginning of your trip and tag off at the end of your trip;
5.5. take proper care of the AT HOP card to avoid damage including keeping the AT HOP card flat and not bending it (as that may damage the AT HOP card);
5.6. not misuse, deface, modify, or destroy, the AT HOP card;
5.7. not tamper, or allow anyone else to tamper, with the AT HOP card;
5.8. ensure that if carrying two or more cards together that only one is used at a time and that the same card is used to tag on and tag off for each trip and journey;
5.9. not alter, remove, or replace any notices, trade marks, or artwork on the AT HOP card; and
5.10. When using an AT HOP card loaded with a concession, carry a further form of identification to prove your eligibility for that concession. Information about concessions and their eligibility criteria is available from at.govt.nz.
6. Right to Retain: We, the Retail Agents and Public Transport Operators will be entitled to confiscate or retain any AT HOP card which:
6.1. we (or a Retail Agent or Public Transport Operator) suspect or have reason to believe has been fraudulently issued, stolen, tampered with, or used in breach of the Terms; or
6.2. was not issued to the person presenting the AT HOP card (in the case of Registered AT HOP cards) or which the person presenting the AT HOP card is otherwise not entitled to use.
7. Co-operation: You agree to co-operate with us and, if applicable, the Police, in recovering your AT HOP card if it is lost or stolen, or if we suspect any suspicious behaviour or activity in relation to your AT HOP card.
8. Risk and Title: Subject at all times to our rights and those of our Retail Agents and Public Transport Operators as set out in these Terms:
8.1. you agree that risk of loss or damage to an AT HOP card that you have purchased, or a replacement AT HOP card provided in accordance with these Terms, will pass to you on your receipt of that AT HOP card;
8.2. you carry and use an AT HOP card at your own risk, and we will not be responsible for any interference or damage suffered by, or to, any electronic device which occurs as a result of your carrying or using an AT HOP card;
8.3. we retain the right to manage and change the software and data on the AT HOP cards at any time; and
8.4. On demand by any employee or representative of us or of any Retail Agent or Public Transport Operator at any time, you must produce for inspection all AT HOP cards in your possession or control.
9. Expiry: The AT HOP card (including any HOP money or Products loaded on the AT HOP card) will expire if the AT HOP card is not used, no refund is requested, the AT HOP card is cancelled, or no Products are loaded onto the AT HOP card for a continuous period of six years. When an AT HOP card expires, any HOP money or Products remaining on the AT HOP card will be forfeited and become our property on and from the date the AT HOP card is cancelled. In this instance you may contact us and we will put HOP money on to another AT HOP card purchased by you. The amount of HOP money we put on the new card will be equal to:
9.1. The HOP money balance; and
9.2. The value (at the time of purchase) of any inactivated Products;
That was on the expired card immediately before it expired.
Please note that for an unregistered AT HOP card that has expired, we will need you to present the expired card at an AT Customer Service Centre.
10. Suspension: We may suspend any AT HOP card or AT HOP online account (Online Account) if you breach any of these Terms and such breach amounts to what AT determines to be fraud or fare evasion. In the event that we suspend any AT HOP card or Online Account:
10.1. The suspension will remain in force for such period as we may direct; and
10.2. We may require the payment of a reasonable administration fee (and impose such other terms as we deem necessary or desirable as a condition of reactivation of a suspended AT HOP card or Online Account.
11. Cancellation and Refund:
11.1. If your AT HOP card is registered on our Website (Registered AT HOP card), you may apply to cancel your AT HOP card and receive a refund of the remaining HOP Money on your AT HOP card within 14 days of your completed application being received. Only unused HOP Money can be refunded. No refunds are available for paper tickets purchased. No refunds are available for Period Passes. Any refund given by us is inclusive of any goods and services tax (GST).
11.2. You acknowledge and agree that the cancellation and refund option set out in section 11.1 is available only for Registered AT HOP cards. If your AT HOP card is not registered, then no HOP Money can be refunded to you.
11.3. For AT HOP cards: We may, in addition to any other remedy available to AT, cancel any AT HOP card or Online Account if you breach any of these Terms and such breach amounts to what AT determines to be fraud or fare evasion. Any Products remaining on the AT HOP card on cancellation for breach of these Terms will be forfeited and become our property. If the remaining balance is negative we retain the right to recover the negative balance and may engage a collection agency the cost of which the card holder shall be liable.
11.4. For AT HOP cards loaded with SuperGold travel concession: Tagging on and off when you travel is essential because the tag on and off locations allow AT to accurately identify the subsidy that should be applied to the fare and claim that subsidy from the NZ government. For this reason, we may cancel the card (except where it has a monthly Period Pass loaded on it) for repeated failure to tag on and off. We will attempt to contact you before such cancellation. In this instance you may contact us and we will transfer any HOP money or the HOP money equivalent of any inactivated Products to another AT HOP card purchased by you.
12. Other Rights: We may refuse to provide any information to you in relation to any AT HOP card if you do not provide us with all reasonably requested information for the purpose of verifying your identity as the lawful holder of the AT HOP card.
13. AT HOP card Transfer: Where you lawfully hold an AT HOP card, you may (unless the AT HOP card is a Registered AT HOP card) permanently give that AT HOP card to another person and we will treat the new holder of the AT HOP card as the lawful holder, and he or she will be bound by these Terms.
14. AT HOP card Return: We may at any time require you to return your AT HOP card in a manner notified by us. If this happens, we will replace your AT HOP card with a new AT HOP card having equivalent Products loaded on it.
15. Registered AT HOP cards:
15.1. We may offer you services enabling you to register your AT HOP card on our Website, in which case you will need to provide your personal information (such as your name, date of birth, email address, physical address and telephone number) against the Registered AT HOP card number.
15.2. You must not allow your Registered AT HOP card to be used by another person. If your Registered AT HOP card is found in the possession of a person other than yourself, we (and the Retail Agents and Public Transport Operators) reserve the right to retain that AT HOP card.
15.3. You must ensure your contact and payment details on our website for your Registered AT HOP card are kept up to date and correct.
Lost, Stolen, or Non-Functioning AT HOP cards
16.1. Your responsibility: You are responsible for safeguarding your AT HOP card against loss, damage, and theft, and ensuring that your AT HOP card is not used by any person without your permission (or by any person other than you in the case of a Registered AT HOP card).
16.2. Our responsibility: We and the Public Transport Operators accepting your AT HOP card for payment for public transport journeys have no obligation to prevent the use of a lost or stolen AT HOP card by a person. We also have no obligation to cancel any lost or stolen AT HOP card (whether a Registered AT HOP card or not) or to transfer the Products on that lost or stolen AT HOP card to a replacement AT HOP card.
17. Non-functioning AT HOP cards:
17.1. There are 2 types of non-functioning AT HOP cards:
17.1.1. Faulty cards: AT HOP cards which fail to function as the result of an inherent manufacturing defect or other technical fault or defect; and
17.1.2. Damaged cards: AT HOP cards which fail to function for any other reason, such as physical damage.
17.2. Please bring your non-functioning AT HOP card into an AT Customer Service Centre. We shall investigate and determine whether a non-functioning AT HOP card is a Faulty card or a Damaged card.
17.3. We will not be responsible or liable for replacing any non-functioning AT HOP card except where we determine that the AT HOP card it is a Faulty card.
17.4. If the AT HOP card is a Faulty card we will retain the card and issue a replacement AT HOP card free of charge. We will also transfer any HOP Money and/or Products from the non-functioning AT HOP card to such replacement AT HOP card.
Lost / Stolen AT HOP cards
18. Cancellation of Lost / Stolen Registered AT HOP cards:
18.1. If a Registered AT HOP card is lost or stolen, you may ask us to cancel your AT HOP card by:
18.1.1. Calling us on 09 366 4HOP (09 366 4467). You will also be required to supply your AT HOP card number, full name, and answer some security questions; and
18.1.2. Returning the AT HOP card to the address that we notify to you, to enable us to determine whether section 17 (Non-functioning AT HOP cards) of these Terms applies.
18.2. On your Registered AT HOP card you may apply for a refund in accordance with section 11 or apply for a transfer of any residual Products on the Registered AT HOP card in accordance with section 19.
19. Transfer of Products on Lost or Stolen Registered AT HOP cards:
19.1. If you hold a Registered AT HOP card that has been lost or stolen, you may request the transfer of any residual HOP Money and unused Products from that AT HOP card to a replacement AT HOP card purchased by you. When you request a transfer of Products:
19.1.1. You must confirm the reason for the transfer (e.g. lost or stolen AT HOP card);
19.1.2. We will do our best to promptly cancel the original Registered AT HOP card (if not already cancelled) and we will transfer any residual Products (as at the time you requested the transfer) to the replacement AT HOP card;
19.1.3. our determination as to the amount of HOP Money and/or Products transferred to the replacement AT HOP card will be final and conclusive, but we reserve the right to make subsequent adjustments to that determination if we obtain transaction records which indicate that an adjustment is required to the amount of Products transferred; and
19.2. A balance transfer can only be completed between two cards registered to the same account. Balance transfers cannot be completed between two separate accounts, from a primary to a linked account or between active cards.
20. Registered AT HOP cards only: You acknowledge and agree that the cancellation and transfer options set out in sections 18 and 19 are available only for Registered AT HOP cards. If your AT HOP card is not registered, then it cannot be cancelled and no HOP Money and/or Products can be transferred or refunded to you if your AT HOP card is lost or stolen
Products, Use and Charges
21. Use: Subject to specific AT HOP card functionality, and Retail Agent and Public Transport Operator availability (as applicable), you may use the AT HOP card to pay for public transport journeys provided by Public Transport Operators in accordance with these Terms.
22. Adding Products:
22.1. You can add HOP Money and/or Products to your AT HOP card at our offices, via Retail Agents, top up machines, by Auto top up in accordance with section 22.2 (for Registered AT HOP cards), at AT Customer Service Centres or a one off top up via our Website (for Registered AT HOP cards). Products can be added to your AT HOP card an indefinite number of times unless the AT HOP card is reported stolen or lost, is expired, or is otherwise cancelled in accordance with these Terms.
22.2. You can add HOP money to your Registered AT HOP card automatically each specified period or each time the value of your HOP money on your AT HOP card reaches a specified minimum level (Auto top up). To use Auto top up on your AT HOP card, you:
22.2.1. Must provide us with details of the bank account or debit/credit card each Auto top up is to be deducted from. Where these details are provided online through the Customer Web Portal, authority for us to undertake the Auto top up is deemed to be granted once the payment means has been submitted by the customer;
22.2.2. must provide us with details of HOP money threshold and value you wish to Auto top up to your AT HOP card and when;
22.2.3. Acknowledge that we will hold the information set out in section 22.2.1 and 22.2.2 on our system;
22.2.4. agree and acknowledge that you may not receive advance notice of direct debit/credit card payment in respect of each Auto top up, but that we will notify you by email when the Auto top up was triggered; and
22.2.5. agree that if a direct debit or credit card payment to us is dishonoured, rejected or we are otherwise unable to process the payment for any reason, we will attempt to process the direct debit or credit card payment again on two (2) occasions and if we are unable to process the payment three times, the top-up amount will be removed from your AT HOP card and the auto top-up will be cancelled.
23. If you use HOP Money on your AT HOP card to pay for a paper ticket this will be charged at the applicable advertised cash fare, not the advertised AT HOP fare.
24. The time at which you tag on is deemed your travel start time.
25. Inactive HOP money:
25.1. Any HOP money added to your AT HOP card via our website must be activated by tagging on within 60 days. If you don’t tag on at an AT HOP reader or electronic gate within 60 days of your online top up, the top up will expire. To reactivate this top up at any time you can contact us and we will put the HOP money back on your AT HOP card. Again, you have 60 days from the date that HOP money is put back on your AT HOP card to activate it.
25.2. There is no limit to the number of times, nor the time since top up, that an expired top up can be reactivate prior to it being received onto the card. You will need to contact us each time the action expires.
25.3. Any Period Pass purchased on our website but not activated within 60 days will automatically be cancelled. You will need to contact us to put the equivalent HOP Money value back on your AT HOP card for you to purchase another Period Pass.
26. Right to Refuse: We, a Retail Agent or a Public Transport Operator (as the case may be) may refuse to accept an AT HOP card for payment of a public transport journey with a Public Transport Operator if:
26.1. the AT HOP card is expired, suspended, or cancelled, whether or not notice is given to you regarding such expiry, suspension or cancellation;
26.2. We, a Retail Agent or a Public Transport Operator suspect that the AT HOP card has been fraudulently issued, stolen, tampered with, or used, or that the AT HOP card may in any way pose a risk to the System;
26.3. The HOP Money or Products on the AT HOP card are insufficient or have been exhausted;
26.4. the System is unable to process the payment for any reason whatsoever, or any circumstance arises which prevents a Retail Agent or a Public Transport Operator from accepting or processing the AT HOP card as a means of payment; or
26.5. You do not comply with these Terms.
27. Determination of HOP Money and Other Products:
27.1. The determination by us, a Retail Agent or a Public Transport Operator (as the case may be) as to the amount of HOP Money and other Products on an AT HOP card will be final and conclusive. We reserve the right to correct the Products loaded on your AT HOP card if we believe that a technical or accounting error has occurred. For the purposes of such determination, the value of Products as determined by us, a Retail Agent or a Public Transport Operator from any of the following sources will be deemed to be conclusive and binding:
27.1.1. The Products encoded in the AT HOP card; or
27.1.2. Our records, including records that we generate from the System.
27.2. If we determine that, as a result of error by us, the wrong Product or wrong amount of HOP Money is deducted from your AT HOP card for a public transport journey, we will refund to you as HOP Money (unless we in our sole discretion determine to give such refund) the difference between the amount deducted from your AT HOP card and the correct fare or Product value for the relevant public transport journey.
28. Obligation to Examine: You must check the AT HOP card on purchase or issue and on each addition or subtraction of Products to the AT HOP card.
29. Debits for Products and Fees: The AT HOP card will be debited at tag on in the circumstances set out below:
29.1. When you use an AT HOP card to pay for a public transport journey, the System will check for a valid fare as follows:
29.1.1. Is there a Period Pass to match the journey undertaken? If yes – the fare detail is recorded, if not:
29.1.2. Is there a Period Pass that could cover part of the journey? If yes – Period Pass amount is recorded and any remainder deducted from HOP Money, if not:
29.1.3. The System deducts the fare from HOP Money.
30. Transaction Details:
30.1. All transaction details, trip details, and other details recorded as a result of you using your AT HOP card will be recorded and retained by us. After you deposit HOP Money or Products on your AT HOP card, we will update the AT HOP card balance to reflect that deposit:
30.1.1. Immediately, if you add Products to your AT HOP card at our offices, via a Retail Agent, at an AT Customer Service Centre, or using a top up machine; or
30.1.2. Immediately, if you have established an Auto top-up facility in accordance with section 22.2. In this case the direct debit payment instruction will be triggered, once the specified minimum balance has been reached and your AT HOP card has been automatically reloaded; or
30.1.3. At the next tag on event once we receive payment for the Products into our bank account (usually the next business day after your online transaction is processed) if you add HOP Money and/or Products to your AT HOP card using our Website.
30.2. Using your Online Account (for Registered AT HOP cards only), you will be able to view transaction history and trip details for each Registered AT HOP card (Online Transaction History) for the preceding 3 months or preceding 60 transactions via our Website. To obtain an Online Transaction History, you must first register your AT HOP card using our Website.
30.3. You will be able to check the balance of your AT HOP card via our Website (for Registered AT HOP cards only), or at an AT Customer Service Centre or via Retail Agents or top up machines.
30.4. We will endeavour to update the Online Transaction History at least once per day, however there may be delays in updating certain Online Transaction History, which may result in that information appearing in your Online Account one or more days after the journey took place; and
30.5. We may add or update any Online Transaction History at any time.
31. Refund of Fares:
31.1. In the event of any refund claim being received we will investigate the circumstances of the claim. If we determine that the claim was the result of faulty equipment, a Faulty card or a fault in the AT HOP system, we will refund the appropriate fare overcharge.
31.2. If we do decide to provide a fare refund per section 31.1:
31.2.1. For Registered AT HOP cards: the refund will be paid as HOP money that can only be collected when your Registered AT HOP card is next tagged on to the System;
31.2.2. For unregistered AT HOP cards: We will work with you to determine the easiest way to apply the top up, as this must be completed in person.
Trust Arrangements, Interest and GST
32. Trust Arrangements: We maintain in a separate bank account an amount in excess of the face value of all Products that we are liable to repay to holders of AT HOP cards in accordance with section 11 less any amounts cancelled, redeemed or otherwise forfeited in accordance with these Terms from time to time, which is held on trust for all holders of AT HOP cards. You have a right to a proportion of the account equal to the value of the Products loaded on your AT HOP card that we are liable to repay to holders of AT HOP cards in accordance with section 11 less any amounts cancelled, redeemed or otherwise forfeited in accordance with these Terms from time to time. The bank where the account is maintained has been given written notice of the status of the account as a trust account for all holders of AT HOP cards.
33. Interest: No interest will be payable to you in relation to any Products loaded on any AT HOP card. All interest earned in relation to HOP Money and/or Products loaded on any AT HOP card will remain our property.
34. GST: The charges and other amounts payable to us or our Retail Agents under these Terms are stated and payable in New Zealand dollars inclusive of GST, if any. No invoice or tax invoice will be provided to you when you purchase an AT HOP card or load any HOP Money and/or Products on an AT HOP card. If you need to make an expense claim or GST claim, please use a printout from your Online Account as a basis for your claim.
Public Transport Operators and Public Transport Journeys
35. Public Transport Operators: Certain authorised Public Transport Operators have entered into agreements with us to accept HOP Money and/or Products on an AT HOP card as a means of payment for public transport journeys on services run by those Public Transport Operators. If a Public Transport Operator notifies us that it no longer accepts the AT HOP card as a means of payment, we will communicate this to customers as soon as reasonably practical via the notice methods set out in section 39.
36. Product Types: Public Transport Operators may accept any Product as available from time to time for public transport journeys using the AT HOP card. We may at any time add, remove or amend the Products available using the AT HOP card. AT reserves the right to limit the usage of these Products whether by operator, mode, date or time. Where possible, we will give you at least two weeks’ notice via the notice methods set out in section 39.
37. HOP Money: The following provisions apply if the HOP Money Product is available:
37.1. Each time you add HOP Money to your AT HOP card, you must add a minimum of $5 (incl. GST). You will only be able to add HOP Money equal to or above this minimum loadable value.
37.2. The maximum amount of HOP Money that may be held on any AT HOP card is $300 (incl. GST).
37.3. Notwithstanding section 26 (Right to Refuse), Public Transport Operators may permit you to commence a public transport journey, and to complete each trip of the journey, as long as there is a positive or $0.00 HOP Money balance on the AT HOP card for each leg of your journey. HOP Money contained on multiple AT HOP cards cannot be combined to pay a single fare.
38. Period Pass Products (Monthly and Day passes): The following provisions apply if the Period Pass Product is available:
38.1. A Period Pass is available for unlimited bus and train journeys within defined zones or for unlimited travel on specified ferry services. One type of bus/train Period Pass and one type of ferry Period Pass may be stored on an AT HOP card at any time. A new Period Pass may be loaded onto an AT HOP card when the previous Period Pass has been activated.
38.2. A monthly pass is activated by "tagging on" and expires when the specified number of days from the day of activation has elapsed.
38.3. A day pass is activated by “tagging on” and is valid until 11.59pm the same calendar day.
39. Fare Changes and Information:
39.1. You acknowledge that fares may change from time to time. HOP Money will be deducted at the fare, fee or rate in effect when the AT HOP card is used for a journey. AT will give you at least two weeks’ notice of a fare change, where that fare change is instigated by us. A Period Pass that you have already commenced using prior to a fare change will be honoured at that pre-change price.
39.2. AT will also endeavour to give you at least two weeks’ notice of changes to timetables and routes.
39.3. Notice will be given through a range of media, including the AT website, AT.govt.nz. Customers with a Registered AT HOP card and who have opted in to receive updates from us will also receive an email message advising such changes.
39.4. Information about the fares, routes, concessions, and other information relating to public transport journeys is available from AT.govt.nz
40.1. The default fare on rail and bus is currently the equivalent of the three zone fare based on the profile of the card (i.e. child, secondary, adult, accessible or SuperGold). Please note the tertiary default fare is equal to a three zone adult fare.
40.2. The default fare on ferry is equivalent to the AT HOP fare for the service. Where multiple services leave through one tag on point, the higher of the HOP fares charged is the applicable default fare.
40.3. Bus, rail and ferry fares can be viewed at https://at.govt.nz/bus-train-ferry/fares-discounts/
41. Public Transport Operator's Conditions of Carriage: When you travel using the Public Transport Operators, you do so in accordance with any applicable legislation, regulations, conditions of carriage, and conditions of use (including any signs and notices displayed by the relevant Public Transport Operator) relating to that travel (Public Transport Operator's Conditions of Carriage). These Terms are in addition to, and are not intended to limit, the Public Transport Operator's Conditions of Carriage. Where required by the Public Transport Operator's Conditions of Carriage applicable to your public transport journey, you must hold your AT HOP card against or near the Fare Payment Device (FPD) such that the FPD provides a visual or audible acknowledgement that it has successfully processed your AT HOP card (each a "tag"). If an authorised representative of the Public Transport Operator inspects your AT HOP card during or after a public transport journey and determines that you did not "tag" your AT HOP card in accordance with the Public Transport Operator's Conditions of Carriage, he or she may:
41.1. require you to purchase a paper ticket at the appropriate fare for the trip being undertaken;
41.2. impose any other charges permitted by the Public Transport Operator's Conditions of Carriage; and/or
41.3. take any other action permitted by the Public Transport Operator's Conditions of Carriage.
42. Acknowledgement: You acknowledge that we are not a Public Transport Operator and are not involved in the operation of trains, buses, ferries. We make no warranty or representation as to the standard or availability of service from a particular Public Transport Operator.
43. Retail Agents: Certain Retail Agents have entered into agreements with us that authorise those Retail Agents to:
43.1. sell AT HOP cards to customers;
43.2. load HOP Money and sell Products to customers; and
44. Identification: Retail Agents can be identified by their display of an AT HOP is sold here sign. You should only present your AT HOP card when you see the AT HOP sign. If you present your AT HOP card at readers that do not show the AT HOP acceptance sign, this may damage the AT HOP card (refer to sections 16 and 17).
45. Unauthorised or Unlawful Transactions: You should not attempt to add Products via any Retail Agent if you have any suspicion that the Retail Agent is not a Retail Agent authorised by us. We will not honour Products that are added to an AT HOP card by any unauthorised person or through any unauthorised or unlawful means.
47. Concessions: Where a valid concession has been loaded onto an AT HOP card, the cardholder agrees to allow Auckland Transport to communicate, either verbally or in writing, with specific regard to that concession, how it operates, its expiry or any other concession requirement. Auckland Transport is entitled to validate concession eligibility with relevant 3rd parties.
Areas of Liability
48. Consumer Protection Laws:
If the Consumer Guarantees Act 1993 applies to these Terms, nothing in these Terms limits your rights under that Act. If you acquire any goods or services from us for the purposes of a business, the Consumer Guarantees Act 1993 does not apply.
49. Our Liability to you:
49.1. We will be liable if we cause you loss or damage due to:
49.1.1. our breach of these Terms; or
49.1.2. our negligence
And the loss or damage is:
49.1.3. reasonably foreseeable and is directly caused by our breach or our negligence; and
49.1.4. is not caused by something beyond our control.
49.2. An event or cause beyond our control includes, but is not limited to:
49.2.1. your acts or omissions (for example, through your breach of these Terms or negligence);
49.2.2. acts or omissions by the Public Transport Operators;
49.2.3. earthquake, flood, fire, storm, adverse weather conditions or any other natural events or acts of God that could not have reasonably been foreseen or, if foreseen, could not reasonably have been resisted;
49.2.4. sabotage, riot, civil disturbance, explosion, terrorist acts, insurrection, epidemic, national emergency (whether in fact or law), act of war (whether declared or not) or civil disturbances;
49.2.5. strikes, lockouts or other industrial disturbances; and
49.2.6. the binding order or requirement of any court, any government, any local authority or any government, statutory or regulatory body that we could not reasonably have avoided.
49.3. Other than where we are liable to you under the Consumer Guarantees Act or the Fair Trading Act, we will not be liable to you for any indirect or consequential loss, or loss of profits or business or any similar claims.
49.4. Our maximum liability to you:
49.4.1. Our limitation of liability set out in section 49.4.2 does not limit any rights you may have under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.
49.4.2. Subject to section 49.4.1, if we are liable to you, the maximum amount we will pay as compensation for your loss is $100 in respect of any event or series of related events. We may choose to replace any damaged property or goods, up to the maximum amount, instead of paying cash.
50. Your maximum liability to us: If you are liable to us, the maximum amount you will pay us as compensation for our loss is $100 in respect of any events or series of related events (Customer Liability Cap) subject to following exception:
50.1. The Customer Liability Cap does not apply to actions, proceedings, claims, liabilities, penalties, costs (including legal costs on a solicitor and own client basis), awards, damages, losses, and expenses incurred by us arising directly or indirectly as a result of:
50.1.1. Your altering, interfering with, or tampering with an AT HOP card (or allowing a third party to do so);
50.1.2. Your failure to comply with any of these Terms where such breach amounts to fraud or fare evasion;
50.1.4. Your negligent or willful acts or omissions.
51. Ownership: The AT HOP cards (including any software and data stored on them), the System and the Website are protected under copyright and other laws of New Zealand, under international conventions and similar laws abroad. You acknowledge and agree that, unless otherwise stated, all copyright and other intellectual property rights that may subsist in the AT HOP cards (including any software and data stored on them), the System and the Website belong to us or our suppliers (as the case may be).
52. Restriction: Except with our prior written permission in each instance, you must not:
52.1. alter, remove, or obscure any copyright notice or other notice appearing on an AT HOP card; or
52.2. decompile, reverse engineer, decrypt, resell, distribute, reproduce, or modify any AT HOP card (or any software or data stored on it) in any way or for any purpose (or permit anyone else to do so).
53. No Rights Conferred: Nothing you do on or in relation to the AT HOP cards (or any software or data stored thereon), the System or the Website will transfer any intellectual property rights to you or license you to exercise any intellectual property rights except with our express written permission in each instance.
54. Trade Marks: You acknowledge and agree that the trademarks appearing on any AT HOP card or on the Website belong to us, our suppliers, or other third parties (as the case may be). Except with the prior written permission of the trade mark owner, you must not use, copy, or adapt any trade mark appearing on an AT HOP card or the Website (or permit anyone else to do so).
55. Defined Terms: Where a definition is set out anywhere in these Terms, that definition will apply to the rest of these Terms unless the context otherwise requires.
56. Assignment and Subcontracting: We may assign, transfer or subcontract our rights or obligations under these Terms without your consent.
57. No Waiver: Our failure or neglect to enforce at any time any of these Terms will not be construed to be a waiver of our rights, or to in any way affect the validity of the whole or any part of these Terms, or to otherwise prejudice our rights to take subsequent action. Any waiver made by us in respect of any right provided for in these Terms will not be construed to be a waiver of any further or future right arising under these Terms.
58. Severability: If any of these Terms is held invalid, unenforceable or illegal for any reason, that provision will be deemed deleted and the remainder of these Terms will remain in full force and effect to the maximum possible extent.
59. Governing Law: These Terms will be governed by, and construed in accordance with, New Zealand law and the courts of New Zealand will have non-exclusive jurisdiction to hear and determine all issues and disputes which may arise under or in relation to AT HOP cards, the Products, the System, or these Terms.
60. New Zealand Use Only: The AT HOP cards are intended for use in Auckland, New Zealand.
61. Electronic Communications: You consent to receiving communications from us electronically (other than promotional messages under the Unsolicited Electronic Messages Act 2007, in which case we will obtain your consent to receiving such promotional messages in accordance with that Act) and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002.
62. Entire Agreement: These Terms, together with any other terms produced by us relating to the AT HOP card incorporated by reference into these Terms, constitute the entire agreement between you and us and supersede all prior communications, representations, agreements or understandings, either verbal or written, between you and us with respect to the subject matter of these Terms.
63. Force Majeure: Neither us nor the Retail Agents or Public Transport Operators will be liable for any non-performance, error, interruption, or delay in the performance of their obligations under these Terms or in the availability or performance of the System, if this is due (in whole or in part, directly or indirectly) to any event or circumstance which is outside reasonable control of us, the Retail Agents or Public Transport Operators, including (without limitation):
63.1. flood, lightning, acts of God, fire, earthquakes, and other natural disasters;
63.2. judgments, legislations, acts, orders, regulations, bylaws or other measures of any kind on the part of any court, governmental, parliamentary, or regulatory authority;
63.3. The acts or omissions of any party for whom us, a Retail Agent or Public Transport Operator (as the case may be) is not responsible.
64. Contact: If you have any questions, compliments, or complaints in relation to an AT HOP card or the System, please contact us using our online feedback form or via the contact details set out below.
Phone: 09 366 4467
Face to Face: AT Customer Service Centres
Post: Auckland Transport, Private Bag 92250, Auckland 1142
To enable us to respond promptly to complaints, please include your full contact details including your AT HOP card number, email address, postal address and contact phone numbers during office hours. If you require a response, we will do our best to respond to as soon as possible.
7 September 2017
To simplify the terms and make them more customer-friendly, we have changed multiple terms relating to:
- the reasons for which we will cancel a card,
- the length of time before a card "expires" changing from two years to six,
- terms relating to the Areas of Liability to be more easily understood by customers,
- the overall wording of the terms have been made clearer,
- formalised the timeframes for notifying the public of fare changes.