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Terms and Conditions

ERT Video Tolling

Terms and Conditions

Your use of the Downtown Tunnel, the Midtown Tunnel and the Martin Luther King Expressway Extension (“Elizabeth River Tunnels”) is subject to these Terms and Conditions, which you acknowledge that you have read and with which you knowingly agree to comply. By signing the Application, clicking the online acceptance box, or using your video account for driving through the Midtown and Downtown Tunnels after commencement of tolling, you agree to the following terms and conditions.

  • General Requirements
    • You may open an account by :
      • Submitting a customer Agreement in person at the Customer Service Centre located at 700 Port Centre Parkway, Portsmouth, VA.
      • Completing a Customer Agreement by telephone at 1-855-ERT-ROAD.
      • Submitting a Customer Agreement online at the Website.
      • Mailing in a Customer Agreement.
      • Faxing in a Customer Agreement.
    • In order to open an account you must be the registered owner of a vehicle, over the age of 18 years and you must complete the Customer Agreement.
    • Types of Video Tolling Accounts
      • Prepaid:
        • Make a payment in advance into your Video Tolling Account using cash, check, money order, ACH (direct debit from an account at a financial institution), credit card or debit card. Tolls are automatically deducted from the account balance based on vehicle classification and time of day usage of the toll road.
        • Owners of prepaid Video Tolling Accounts agree to replenish the account on receipt of notice that the account is approaching the system calculated rate (but not less than $10) using any of the methods described in the application. The system calculated rate will be based on vehicle classification and rate of usage designated in the application. You will be notified of the system calculated rate when your account is established.
        • Account replenishment will be subject to the following:
          • Should the account balance reach zero, then you agree to pay the “pay by plate” toll rate until the account is brought back in good standing.
          • You agree to pay a negative balance fee each time the account falls below zero balance.
          • You agree that we may send your account to a collections agency and charge a collection agency fee.
          • You agree that we may charge a fee for each credit card or transaction refusal by your bank, financial institution or credit card issuer.
        • You may elect to include with your Prepaid Video Tolling Account the ability to automatically replenish the amount in your account when the amount in that account is less than the system calculated rate. Automatic replenishment can be accomplished by ACH or by charging your credit/debit card.
        • You may elect to replenish your account through payment by cash or check in the application, in which case you agree to ensure that the account balance is held above the system calculated rate on receipt of notice that the account is approaching minimum balance using any of the methods described in the notification.
      • Post-paid: Billing will occur monthly.
    • You must advise Elizabeth River Tunnels of any change in the information on your Customer Agreement including your name, address, email address, payment methods, credit card changes such as card expiry dates or bank information for ACH payments, telephone numbers, vehicles and license plate numbers, billing address.
    • Private accounts may have up to five (5) vehicles registered on a Video Tolling Account. Commercial video accounts may have an unlimited number of vehicles registered to the account.
    • You may terminate this account at any time by phone or in person, but you will remain liable to Elizabeth River Tunnels for all unpaid tolls and fees until they are paid in full. If you choose to terminate the account and do not have a transponder issued by EZ Pass, you will be liable to pay the tolls at advertised Pay by Plate rates. If charges are not promptly remitted the account may be referred to a collections agency for debt recovery and additional fees charged.
    • Upon account suspension or termination, if you have a balance of $2.00 or more in your account after all unpaid tolls and fees have been paid, Elizabeth River Tunnels will refund the balance to you. The method of refunding any balance will be at Elizabeth River Tunnel’s discretion.
    • You agree that Elizabeth River Tunnels may disclose the information provided on your application and data relating to your use of the Elizabeth River Tunnels to JPMorgan Chase Bank, N.A. and Paymentech, LLC for the purpose of:
      • Invoicing you for your use of the Elizabeth River Tunnels.
      • Enforcement and collection of amounts owing to JPMorgan Chase Bank, N.A. and Paymentech, LLC.
      • Such other purposes as may be authorized.
  • Toll Rates and Fees
    • The toll rates and any applicable promotions from time to time are set out on the Elizabeth River Tunnels website in the rate schedule.
    • The toll rates may be increased from time to time.
    • You agree that you are liable to pay all tolls incurred for passage on some or all of the Elizabeth River Tunnels by all vehicles owned by you.
  • Toll Payment
    • Video transactions plus the video premium will be posted to the Video Tolling Account immediately following the vehicle passage.
    • The fee will be posted and charged immediately to prepaid accounts and at the end of the invoicing period to post-paid accounts.
  • Invoices and Statements
    • Summary statements for pre-paid Video Tolling Accounts will be available quarterly on the Elizabeth River Tunnels website at no charge.
    • Detailed statements for pre-paid Video Tolling Accounts will be available monthly on the Elizabeth River Tunnels website for a fee of $1.00 per month per account or by mail for a fee of $2.00 per month per account.
    • Special run statements for a time period of no more than one year from the date of the run can be obtained from the Elizabeth River Tunnels website at no charge.
    • Video Tolling Accounts will be converted to an insufficient funds account when the balance is below $0. You will be notified that the account has been suspended. Unless it is replenished within fifteen days of notification, an invoice will be sent to you stating that payment is due in thirty (30) days. Pay by plate charges will be incurred if payment is not received in the nominated timeframe.
    • You are liable for all amounts owing under Elizabeth River Tunnels invoices.
    • When an invoice is issued to you, you are liable to Elizabeth River Tunnels for the tolls and fees set forth in that invoice.
    • Promptly after review of your statement on line or received by nominated communication method you should notify the customer service center at the contact information below should you have any questions related to that statement. Charges not questioned after 30 days of issue of the invoice or statement are deemed valid.
  • Liability
    • You hereby release Elizabeth River Tunnels, its officers, employees, affiliates, agents and assigns from any and all costs, liabilities, expenses, charges, penalties, fines, losses, damages or injuries whatsoever, whether direct, incidental, indirect, special or consequential, from the use of your Video Tolling Account. Elizabeth River Tunnels shall have no liability to you with respect to the use of your Video Tolling Account.
    • In addition, Elizabeth River Tunnels shall not be liable for claims, demands or actions made against you by any person, corporation or other legal entity resulting from your use of your Video Tolling Account, or from a credit report inquiry, check authorization and/or the charging of your credit card or other form of payment.
  • Dispute Resolution
    • If you wish to dispute a toll or fee charged to your Video Tolling Account, within thirty (30) days of the date of the charge or invoice you may do one of the following:
      • Send a written request to Elizabeth River Tunnels for a review of the charge/invoice details and images.
      • Provide a sworn dispute affidavit stating the responsible party who was driving the vehicle.
    • If a request for review is not received within thirty days of the date of the invoice, your right to dispute the charge is waived and a violation notice will be sent to you.
    • The adjudication process will follow VA Code Section 46.2.
    • In the event that you are liable for a toll through the adjudication process, a collection agency may contact you regarding payment and Elizabeth River Tunnels may place a stop on renewal of your vehicle registration with the Virginia Department of Motor Vehicles.
  • Privacy Policy
    • It is the policy of Elizabeth River Tunnels to only collect and retain customer information that is absolutely necessary to properly conduct and record video tolling financial transactions.
    • Information collected shall only be used for the purpose of:
      • Invoicing you for the use of the Elizabeth River Tunnels.
      • Enforcement and collection of amounts owing to Elizabeth River Tunnels.
  • Refund Policy
    • In the case where a customer overpays the amount of an invoice(s) with respect to a customer account, the customer may request a refund for the overpayment by:
    • In such cases where there is an amount owed of $1 or more a refund will be issued. Upon receipt of the refund request there will be a 14 day grace period before processing to assure all applicable tolls have posted to the customer’s account. The refund will be issued to the credit card used to pay the invoice(s) or associated with the account.
      NOTE: Refunds to credit cards are limited to cards used to fund the account, and the refunds cannot exceed previously charged amounts.
  • Notices
    • Any notice to Elizabeth River Tunnels should be made to the following mailing address:
    • Elizabeth River Tunnels
      Customer Service Center
      700 Port Centre Pkwy Suite #2B
      Portsmouth, VA 23704
  • Changes
    • ERT reserves the right to change the terms and conditions of this agreement, and our policies, fees and minimum account balances requirements at any time by providing written notice to you using the contact method nominated in your account application. You will be deemed to have received such notice 10 days after we deposit the notice in US Mail or 5 days after an email is sent to your designated email address. You agree to all changes applicable to your account after the notice period.
  • Governing Law
    • This agreement is governed by the laws of the Commonwealth of Virginia.