BreezeBy Electronic Tolling Terms and Conditions
Port of Hood River BreezeBy
Personal/Business Account Terms and Conditions
Updated December 17, 2019
These Terms and Conditions, together with your Application, constitute the Port of Hood River (“Port”) BreezeBy Customer Agreement (“Agreement”) made and entered into by and between you (“Customer”) and the Port under the laws of the State of Oregon. Nothing in this Agreement releases you, the Customer, from civil liability or criminal penalties resulting from failure to abide by applicable Oregon State laws and regulations.
Subject to the terms of this Agreement, the Customer will incur a BreezeBy toll charge for each use of the BreezeBy facility and the Port agrees to provide the Customer with one transponder per household, business and/or address at no charge; cost for additional transponders depends on the type of transponder selected (see 8.0 d. for clarification); to be used at those locations accepting BreezeBy electronic toll payment. Failure to pay tolls may result in additional penalties provided by law. Further, by completing the Application, making a payment into your BreezeBy account, and using the transponder, you agree to the following terms and conditions:
1.0 Account Information
Good Standing. To keep your account open and in good standing you must:
- Keep current your vehicle information, make, model, license plate number and axle counts.
- Keep current all personal, demographic, and payment information.
- Maintain a positive balance for prepaid accounts.
- You may set up a user name and password to review your account online at com on the BreezeBy Electronic Tolling page.
- Statements: You have the option of receiving monthly or quarterly statements. There will be a fee of $1.00 per hard copy paper statement Email statements are delivered at no charge.
Closure. Your account may be closed when:
- Your request to close the account has been received in writing: Any remaining balance in a registered account will be refunded, without interest, less any outstanding administrative fees owed. Refund will be by the original method of payment, when possible, and will occur within fifteen (15) days of your account closure request.
- The account shows a negative or zero balance:
- Any negative balance for outstanding tolls and fees must be paid in full immediately or may be subject to collection procedures and legal action by the Port.
- There has been no activity for twenty-four (24) consecutive months: A “Notice of Inactivity” will be sent after eighteen (18) months of inactivity. After twenty-four (24) months of inactivity, the account will be closed. Any remaining balance in a registered account will be refunded via the registered method of payment, without interest and less any outstanding administrative fees. (See section 8.0)
- Refund: If your address or payment information filed with the Port is incorrect or has changed and the Port owes you a refund, the Port may hold your refund to pay you in person at the Port office, or upon your request the Port may agree to pay your refund in another manner.
2.0 Automatic Account Replenishment
If you arrange for Automatic Account Replenishment, you agree to the following:
- You acknowledge that your signature is required to enroll or terminate your participation in the Automatic Account Replenishment.
- You agree to maintain a valid payment method on file with the Port.
- Account replenishment can be established by debit or credit card. When your account balance falls below the minimum balance, the account will automatically be replenished for a minimum of $20, or as otherwise identified on your account application.
- If your automatic payment method is declined or otherwise unable to process, you will see a yellow light as you pass through the toll plaza. This is your notification of failure to replenish. A response to avoid charges to the account. If your automatic payment method is declined for more than ten (10) days, your account will be changed to manual replenishment, and your account may be inactivated and you will receive a red light at the toll facility. You must contact the Port to re-establish automatic replenishment.
- The Port may adjust replenishment amounts based on a Customer’s usage patterns over the prior three (3) months. Prior to such adjustment, customers will be notified by the Port and may contact the Port to decline this replenishment option.
- Interest will not be paid on prepaid account balances or deposits.
- Customers with seven (7) or more vehicles may be required to establish and maintain a greater minimum balance.
3.0 Manual Account Replenishment
Payments may be made via phone when using a debit or credit card. Customers with seven (7) or more vehicles may be required to establish and maintain a greater minimum balance. If you do not choose the Automatic Account Replenishment option, you must maintain and replenish your account and agree to the following:
- Payment for replenishment may be by credit or debit card, check, money order, or cash payment made in person at the Port office. Do not send cash in the mail. The Port reserves the right to refuse counter or temporary checks. If check payments are returned for insufficient funds, the account holder will be charged a fee of $25.00 and may be required to replenish their account with certified funds or cash for future transactions, and may be liable for statutory damages and Port attorney fees.
- If your account falls below $10.00 you will see a yellow light. If your account balance falls below zero dollars your account will be inactivated and you will see a red light.
- Manual payments may require 5-7 business days from receipt to process.
- Interest will not be paid on prepaid account balances or deposits.
4.0 Transponder Usage
- Installation. You agree to install, display, and use the transponder in accordance with the instructions provided to you by the Port.
- Delivery. BreezeBy Account transponders may be picked up at the Port Office at 1000 E. Port Marina Drive, Hood River, Oregon or for those living near Cascade Locks at 427 SW Portage Rd., Cascade Locks, Oregon. BreezeBy transponders will not be available for pick up at the tollbooth. BreezeBy transponders will become active for use the within one hour from the time of issuance.
- Speed and Tailgate. BreezeBy lanes have gates which optimally work at a pass-through speed between 5-10 miles per hour. Do not exceed this speed or tailgate. This interferes with the BreezeBy scan and gate control.
- Lights. The light should turn green as soon as the transponder signal has been read. A yellow light indicates your balance is below $10.00; you need to add funds to your account as soon as possible, either by cash, check or credit/debit card or online using the BreezeBy app. While yellow there is still a balance on your account; no payment is required to pass. A red light indicates that your account balance is now negative and your account has been suspended. You must pay cash to cross at this time. DO NOT back out of a BreezeBy lane.
- Receipts. You understand and agree that you will not receive a receipt for individual transponder transactions.
- Charges. You understand and agree that electronic payment via BreezeBy will be calculated based on the number of vehicle axles detected by the system in the lanes. All lanes are available for use by BreezeBy customers.
- Replacement. If your transponder malfunctions the Port will replace it without charge within three years of issue date unless the transponder is defaced, altered, damaged, or shows other signs of misuse, as determined by the Port. Otherwise, a fee to cover the transponder replacement cost will be assessed.
- Lost or Stolen. If your transponder is lost or stolen you must notify the Port immediately, either in person at the Port office, mail, fax or email to email@example.com. You are responsible for all charges on your account until notification is received by the Port. All transponders will be replaced at cost.
You may contest fees and tolls applied to your account by submitting your dispute to the Port in writing within ninety (90) days of the transaction in question. Disputes will be accepted either in person at the Port office, by mail, fax, and email to firstname.lastname@example.org. If the fee or toll is rescinded or adjusted, your account will be credited. Refunds will be issued to the credit card on file. Refunds will be issued within 30 days of approved request. The Port may deny reimbursement for a credit card charge if the credit card holder has not followed disputed charge procedures required by the cardholder’s credit card use agreement.
6.0 Video Tolls (Vtoll)
A Vtoll is a bill for the use of a BreezeBy toll lane when the person fails to pay the required toll either via electronic toll collection or manual payment at the toll facility. It may also occur when a BreezeBy customer’s account has a negative balance or has insufficient funds.
- If a vehicle license plate passes through the toll facility without payment being made either via manual toll collection or electronic tolling or a negative balance in a BreezeBy account, the VToll system will transmit a letter/invoice to the registered owner of the vehicle passing through the toll facility, seven (7) days from the initial occurrence. The customer will have ten (10) days from the date of the letter/invoice to make payment based upon the methods (i.e., check by mail, phone in payment, online BreezeBy app payment) outlined in the letter. The invoice will have an ancillary fee of $3 per invoice. The ancillary fee is charged to recover costs to the Port for the ability to issue an invoice to a customer.
- If payment is not received after the ten (10) day payment period, a second letter/invoice will be issued to the customer charging a late fee of $20 in addition to the tolls, and ancillary fee outlined in the first letter/invoice. The second invoice will instruct the customer where and how payment can be made. The second invoice will allow for 30 days for payment to occur before the account is sent to Collections.
- A third letter/invoice is sent to the customer if payment has not been made 30 days from the date second letter/invoice. This letter will instruct the customer that their account is now being transferred to Collections and a list of Collection fees that will be added to this account.
- When an Oregon registered vehicle is sent to Collections, to the extent possible under applicable law, a Hold will be placed on the registration with Oregon DMV. This hold will be removed once payment is made.
The Port reserves the right to deactivate any BreezeBy account at any time with regard to violations to the Terms & Conditions of this agreement. This will include but not limited to misuse of a transponder, excessive speed, tailgating, and continued use of the bridge without payment. The Port may agree or refuse to reactivate a suspended account at the Port’s discretion. Use of a BreezeBy transponder on a suspended or terminated account may result in the Account Holder being subject to civil penalties and/or criminal prosecution for toll evasion.
You may suspend your account by notifying the Port by email or in writing. You must also notify the Port by email or in writing when you wish to reactivate the account.
Either the Port, or you the Customer, may terminate this Agreement at any time and for any reason by written notice to the other party, hand delivered, mailed or emailed. If your account is terminated, the Port will refund any amount in your account remaining after tolls, costs, and fees have been paid within fifteen (15) days of notification. No refunds may be provided for unregistered accounts.
8.0 Administrative and Ancillary Fees
An administrative fee may be applied under the following circumstances:
- After twenty-four (24) consecutive months of no toll activity, your account may be terminated by the Port and assessed a $10.00 administrative fee. Any remaining funds after the account has been closed will be refunded without interest.
- Returned check fee of $25.00.
- Statement Fees – There will be a statement fee of $1.00 per Hard Copy paper statements mailed. There will be no charge for Email statements.
- Port administrative fees and charges are subject to change. Current and future administrative fees and charges will be posted at the Port office, online at portofhoodriver.com, and included with your account statement.
- Ancillary fees include fees charged by outside agencies to assist the Port in identifying the registered owners from the license plates crossing the Hood River bridge without payment.
The ancillary fee are subject to change but as of this date they are $3 per invoice.
The Port may periodically make changes to the Terms & Conditions of this Agreement. You will receive notice of any such changes via email, on your account statement, and/or at the Port Office upon request. Notices will also be posted on the Port website. Use of your transponder beginning ten (10) days after such Port notice is provided shall constitute your agreement to the amended Terms and Conditions of the Agreement.
The Port and any other agency using BreezeBy shall have no obligation or liability to the Customer with respect to use or performance of the transponder. The Customer agrees to indemnify and hold the Port, its commissioners, employees and agents, and all other affected agencies, their agents, representatives, and respective employees harmless from and against any damage, loss, cost, expense, injury, or liability relating to, arising from, or as the result of use or the performance of the transponder or as the result of inaccurate customer account information.
11.0 Oregon Law
Oregon law shall govern this agreement and all customer activities related to this agreement. Any legal action filed to interpret or enforce this agreement shall be filed in Hood River County, Oregon Circuit Court.
12.0 Port Notice
Notice will not be considered received by the Port during non-business hours. Notice may be handdelivered to a Port employee at the Port Office or mailed to the Port Office located at 1000 E. PortMarina Drive, Hood River, Oregon; may be emailed to the Port at email@example.com; or may be faxed to the Port at 541-386-1395 and will be considered received when entered into Port records.
Privacy of Information
The Port will only collect and retain customer information which the Port deems necessary and essential to properly conduct and record transactions, deposits, and fees and to inform Customers of their account status and/or changes to this Agreement.
In addition, the Port may periodically send via email bridge traffic alerts including delays due to bridge lifts or maintenance projects and other information relevant to your BreezeBy account.
Information collected by the Port relative to an individual customer’s usage will not be released except under the following circumstances:
- In response to a court order for specific information.
- At the request of authorized law enforcement officials/agencies in the conduct of criminal investigations.
- At the request of the individual account holder with proper identification.
- As reasonably necessary to collect unpaid tolls.
- Or as otherwise required by law.
Personal Information Collected
Port collects personal information to facilitate enrollment processing, account maintenance and to better serve BreezeBy accounts. Examples of personal information include a user’s name, address, telephone number, email address, credit card number and expiration date, license plate number or other information that personally identifies a BreezeBy user. Port obtains this personal information from applications or other forms submitted to Port. Port may also obtain information about a BreezeBy user from other sources, such as the Department of Motor Vehicles (“DMV”) to ensure that records are correct and complete.
How Personal Information is Used
Personal information will only be used by the Port for the purpose of administering a BreezeBy user’s account and managing the BreezeBy operations. In the course of administering BreezeBy accounts, the Port may disclose personal information to third party service providers for the purpose of operating the BreezeBy program (e.g. DMV, courts, credit card account processors or collection agencies); otherwise, personal information will not be disclosed to third parties, except as required by law or ordered by a court of competent jurisdiction. Information about a BreezeBy user’s use of the Electronic Toll Collection System, but which does not personally identify a user, may be disclosed to others to generate statistical reports for the purpose of managing the BreezeBy operation.
Port will take commercially reasonable precautions to safeguard personal information through physical, electronic and procedural means. The Port will treat BreezeBy user information confidentially and request third party service providers who receive information from the Port to in the same manner or to be in compliance with the PCI industry regulations pertaining to payment card information.
BreezeBy users retain the right to review and edit all of their personal information pertaining to their accounts, whether stored electronically or on paper. Any inquiry or request to obtain information, in accordance with the above provisions, should be directed in writing to the Port of Hood River office, 1000 E. Port Marina Drive, Hood River OR 97031 by person, by mail, by fax, or by email. Port may adopt procedures for review of such information, including but not limited to charging a fee for processing requests for access to personal information.