Melbourne Pass Customer Service Agreement

Effective as at 25 June 2015 


1. Your agreement with us

This agreement details your rights and obligations for use of the Melbourne Pass on CityLink and EastLink. The agreement begins when you accept the agreement by accepting it in writing or clicking on the “I accept” button on our website.

2. Linking your vehicle to your Melbourne Pass and the CityLink Register

You must provide us with details of the vehicle that you wish to have linked to your Melbourne Pass before or no later than 3 days after using that vehicle on any Eligible Toll Road.

We will register the vehicle that is linked to your Melbourne Pass on the CityLink Register when you provide us with all the information we need as well as any payment required under this agreement.

The vehicle information needed includes the State and Registration Number of the vehicle make and model and/or Class. Registration only occurs when your vehicle is recorded as registered on the CityLink Register by us.

You must link at least one vehicle to your Melbourne Pass.

Your Nominated Vehicle must have clearly readable Number Plates. The placement of Number Plates on your Nominated Vehicle must conform to the relevant regulations of the relevant registration authority (e.g. VicRoads).

Vehicles other than Motorcycles must display front and rear Number Plates. Motorcycles are required to display rear Number Plates. You are responsible for making sure that the CityLink Registration of your vehicle or any vehicle that you drive on CityLink is not suspended or cancelled.

3. The road tolling system

Travel on CityLink 
We will operate the CityLink electronic tolling system to detect vehicles that make Trips on CityLink by identifying your vehicle’s Registration Number. We will charge the relevant CityLink Tolls to your Account which may be based on your CityLink Registration or the observed Class of your vehicle. You are also responsible for the Tolls or fees incurred by any vehicle that you drive on CityLink, whether or not it is a Nominated Vehicle.

Travel on EastLink 
EastLink may operate electronic tolling systems on its toll road to detect vehicles that make Trips on EastLink by identifying your vehicle’s Registration Number. EastLink will send Trip data and the relevant Tolls to us so we can charge those Tolls (and any EastLink fees if applicable) to your Melbourne Pass. We will charge those amounts determined as payable by EastLink and we are not responsible for confirming the accuracy of that information.

4. When you should contact us

You should contact us as soon as possible when: (a) your Nominated Vehicle or Number Plate on your Nominated Vehicle is lost or stolen;
(b) you want to remove your Nominated Vehicle from your Account (e.g. you sell that vehicle), or you change the Registration Number or Class of a Nominated Vehicle which is linked to your Account, or you want to link another vehicle to your Account;
(c) you change your contact details;
(d) you become aware of anything that may or will affect any payment under this agreement; or
(e) your Nominated Vehicle is modified after it is registered; or
(f) you are unsure whether your vehicle is registered in the correct Class.

If you do not contact us as soon as you become aware of anything that may or will affect a payment under this agreement, the Registration of your Nominated Vehicle may be suspended or cancelled.

5. If your Nominated Vehicle or Number Plate is stolen

We will not charge Tolls or the Vehicle Matching Fee to your Melbourne Pass if after you have notified both the police and us that: (a) your Nominated Vehicle has been stolen, we detect that Nominated Vehicle at a Toll Zone; or
(b) the Number Plate of your Nominated Vehicle has been stolen, we detect that Number Plate on a vehicle (if that vehicle is not your vehicle) at a Toll Zone.

We will resume charging Tolls to your Melbourne Pass when you notify us, or we become aware, that you have recovered the stolen Nominated Vehicle or stolen Number Plate.

You must provide a copy of any relevant police report, a statutory declaration or an insurance claim if we request it.

6. Charging Tolls and Vehicle Matching Fees to your Melbourne Pass

You will be charged Tolls and Vehicle Matching Fees for using CityLink. CityLink Tolls are set in line with the Act and are available on our website or upon request. If you have given us incorrect information about the Class of your Nominated Vehicles(s) or other vehicle(s) you drive on CityLink we may charge you the applicable Tolls based on the vehicle’s correct Class.

You will be charged Tolls and Vehicle Matching Fees for using EastLink. EastLink Tolls are set by EastLink and are available from EastLink.

Motorcycle Trips do not incur Vehicle Matching Fees on CityLink.

We will charge Tolls and the Vehicle Matching Fee to your Melbourne Pass:

  • without any knowledge of and regardless of who was driving the vehicle at that time; and
  • whether or not you authorised or were aware of the use of the Nominated Vehicle.

7. Payment of your Melbourne Pass

Tolls, fees and charges are debited by us to your Account Balance. When your Account Balance is at or below the Top Up Trigger your Melbourne Pass will be automatically topped up by us drawing the Agreed Replenishment Amount by Automatic Payment from your credit card. A valid credit card number must be recorded against your Melbourne Pass at all times, regardless of your Account Balance, to prevent suspension. We will draw a Closing Payment Amount from your credit card on the Finalise Date. The Finalise Date is after the End Time that you have nominated. The amount drawn is to finalise any outstanding Tolls, fees and charges.

8. When is a payment made?

Payments are made to your Melbourne Pass when we receive them.

We will receive your payments when credited successfully to our Bank account.

You agree that you may be required to pay a Credit Card Surcharge Fee when you nominated to use an American Express or Diners Club credit card to make a payment to us. If your Automatic Payment has failed, we will receive your payments: 
(a) if by credit card, when the person making the payment by telephone is given a receipt number for that payment; or 
(b) if by cheque, when the proceeds of the cheque have been cleared.

9. When you agree to additional payments

CityLink Melbourne may charge to, or debit from, your Account any fee, tax, charge, or amount if you have agreed to pay, or you owe us that fee, tax, charge, or amount under this agreement.

Credit Card Surcharge Fee 
This is the fee you may be required to pay, if you nominated to use an American Express or Diners Club credit card to make a payment to us.

Toll Administration Fee
If you receive a Toll Invoice you agree to pay any applicable Toll Administration Fee(s).

If you use CityLink in a Nominated Vehicle with a different Class 
If you use CityLink in a vehicle linked to your Account which is of a different Class from that registered, we may debit the appropriate Tolls and applicable fees to your Account. It is your responsibility to confirm that your vehicle is registered in the correct Class at all times.

10. Questions, complaints and disputes

If you have a dispute or wish to make a complaint about the Registration of your vehicle or a payment or an amount debited, credited or not credited to your

Melbourne Pass, you should contact us. A customer service officer will provide a response with reasons as soon as possible.

If you believe that your dispute or complaint has not been properly addressed, you have the right to have the issue reviewed by our Customer Resolutions team who will provide a response with reasons.

If you are still not satisfied with the response, you may take your complaint to the Transurban Customer Ombudsman. If you believe there is an error (including trips, fees and charges) in your Statement, we require you to tell us of any errors or discrepancies promptly. You agree that if you wish to dispute anything in a Statement you must notify us within 90 days of the date of the Statement, after which no claim or dispute can be raised.

Where you dispute your Account Balance, we may (at our discretion):

  • credit your Melbourne Pass for all or part of the disputed amount; or
  • make other arrangements reasonably necessary to allow for the continued operation of your Melbourne Pass, until the dispute is resolved.

11. Changing the agreement

We may change this agreement (including any amount, fee or deposit) by publishing the changes on CityLink Melbourne’s website, the date from which they will apply, and how you may obtain a copy of them except when the changes either reduce fees or charges or are as a result of changes in taxes, in which case this is not required.

We may assign this agreement to another entity responsible for levying Tolls on CityLink in the same way.

Changes to this agreement or assignment of this agreement will apply from the date which is the later of: 
(a) 30 days after the date of notification of the changes on our website; or
(b) the date stated on the copy of changes on our website, except when the changes either reduce fees or charges or are as a result of changes in taxes they will apply as soon as practicable but no later than 30 days after notification of the change on our website.

A change to the Tolls for using the Eligible Toll Roads is not a change to this agreement and therefore this clause does not apply. Tolls are determined in line with the relevant legislation.

A change to the Vehicle Matching Fee is not a change to this agreement and therefore this clause does not apply. The Vehicle Matching Fee for Trips on CityLink is determined by CityLink Melbourne. The Vehicle Matching Fee for Trips on EastLink is determined by ConnectEast.

12. A Melbourne Pass expires at the End Time

Your Melbourne Pass expires at the End Time that you nominated when setting up your Melbourne Pass. Trips made using your Nominated Vehicle after the End Time nominated on your Melbourne Pass will not be charged to your Melbourne Pass and the owner of that vehicle may commit an offence and receive a Toll Invoice or, if the Toll Invoice remains unpaid, an Infringement Notice.

13. Suspension or cancellation

If Trips are made by vehicles that are suspended or cancelled from the CityLink Register you will not have a valid arrangement to make Trips and you may commit an offence under the Act and receive a Toll Invoice or, if the Toll Invoice remains unpaid, an Infringement Notice.

The CityLink Registration of your vehicle is suspended or cancelled when we record it as suspended or cancelled on the CityLink Register or remove it from the CityLink Register.

We will cancel the Registration of your Nominated Vehicle at the End Time nominated on your Melbourne Pass.

We may suspend or cancel the Registration of your Nominated Vehicle before the End Time nominated on your Melbourne Pass if:

  • your Automatic Payment fails;
  • you are, or appear likely to become, bankrupt;
  • your Nominated Vehicle or the Number Plate of your Nominated Vehicle is reported as lost or stolen to both the police and us;
  • we consider that you have not told us of a change of a Nominated Vehicle linked to your Melbourne Pass or of a change to the Registration Number of your Nominated Vehicle;
  • your Nominated Vehicle does not have Number Plates that conform to the relevant regulations of the relevant registration authority (e.g. VicRoads);
  • for any reason a valid credit card number is not recorded against your Melbourne Pass, regardless of your Account Balance at the relevant time;
  • we are required to do so by law; or
  • for any other reason (including breach of this agreement by you), we reasonably consider suspension or cancellation of the Registration of your Nominated Vehicle is necessary.

If we have suspended or cancelled the Registration of your vehicle, we may send a notice to the contact details last advised by you. You agree that this is a reasonable method of notice for us to use and consent to disclosure of your personal information relating to your Melbourne Pass and your contact details for registration purposes.

We may also notify you of suspension or cancellation by giving notice in any other way allowed under this contract, the Melbourne City Link Act 1995 (Vic) or the EastLink Project Act 2004 (Vic).

If you wish to use a vehicle on any Eligible Toll Road after the Registration of your vehicle has been cancelled, you must first contact us and re-register your vehicle on the CityLink Register by setting up a new Melbourne Pass, or opening a new account with CityLink Melbourne. Alternatively, you may make arrangements to pay Tolls through another service provider.

If you do not re-register your vehicle with us or do not make arrangements to pay Tolls through another toll road service provider and your vehicle is detected on any Eligible Toll Road after its Registration has been cancelled, the driver of that vehicle may commit an offence and the owner may receive a Toll Invoice or, if the Toll Invoice remains unpaid, an Infringement Notice.

You may end this agreement at any time by giving us notice that you want to close your Account. We will then provide you with notices that the CityLink Registration of the Nominated Vehicles linked to your Account is cancelled.

If the Registration of your Nominated Vehicle linked to your Melbourne Pass is cancelled, then within 5 Business Days of receiving notice of that cancellation, you must pay any debit Account Balance and any other amount you owe us.

14. When this agreement ends

This agreement ends on the Finalise Date. The ending or cancellation of this agreement for any reason does not affect any rights that either you or we have against each other that arose at or before the end or cancellation of this agreement.

15. Liability

To the maximum extent permitted by law, we are not liable (whether in contract, tort, under statute or otherwise) for any loss (including consequential loss or loss of profit), damage or expense that you or any other person incurs arising directly or indirectly from your use of CityLink or any Eligible Toll Road, your installation, or anything else in connection with this agreement.

This agreement does not affect any rights, liabilities and responsibilities arising at law, unless otherwise provided under this agreement.

Where liability cannot be excluded, any liability incurred by us in relation to the use of CityLink or EastLink, or this agreement is limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).

16. Notices

Notices (which include any written communications or statements) may be:

  • given to you personally;
  • sent by fax to the fax number last notified to us;
  • sent by e-mail to the e-mail address last notified to us;
  • sent by an SMS message to the mobile phone number last notified to us; or
  • given to you in any other way the law allows.

Notices to CityLink Melbourne may be sent or delivered:

  • to our address;
  • by fax to our fax number; or
  • by e-mail to our e-mail address. Our contact details are on the back page of this agreement. Notices take effect from the time they are received unless a later time is specified. If notices are sent by a fax machine which prints a transmission report showing that the fax was fully sent, they are taken to be received at the time shown in a transmission report which shows that the whole fax was sent. If notices are sent by post, they are taken to be received on the expiration of 3 Business Days after the date of posting. If notices are sent by e-mail or SMS, they are taken to be received on the next day after the date of sending.

17. Consent to use and disclose information

You consent to us using or disclosing any information (including personal information) you provide to us if the information is used or disclosed for the purposes contemplated by agreement (including the exercise of any rights or the performance of any obligations under this agreement) or as detailed in our Privacy Policy.

You consent to any information (including personal information) about your Account, and any information you provide to CityLink Melbourne, being disclosed by us to credit reporting bodies or to debt collection agencies where you are in payment default. Our Credit Reporting Policy is available on our website.

We may use your personal information to research and develop new products and services, and conduct business planning.

You consent to us disclosing any information otherwise required by law (legislation or court order).

You consent to us disclosing to Eligible Toll Road operators and VicRoads any information (including personal information) that is required for toll enforcement or collection.

If you provide us with your email address or mobile phone number, you consent to us using those contact details to send you traffic updates and other notices relevant to your use of CityLink and any other Eligible Toll Roads. You can ask not to receive such communications at any time.

Privacy Policy

We will give you a copy of our Privacy Policy when you ask for a copy. Our Privacy Policy is available on our website.

18. Interest

You will not earn interest on any credit Account Balance on your Melbourne Pass.

19. Interpretation

In this agreement unless the contrary intention appears:

(a) a reference to this agreement includes any variation to it;
(b) the singular includes the plural and the plural includes the singular;
(c) a reference to a person includes a firm, a body corporate, an unincorporated association or an authority;
(d) an obligation imposed on two or more parties binds them jointly and severally;
(e) a reference to a time or date is a reference to that time or date in Melbourne ;
(f) a provision of this agreement must not be interpreted against us just because we prepared the agreement;
(g) a reference to any legislation or subordinate legislation includes any modifications or changes; and
(h) headings in this agreement have been inserted for convenience and do not affect the interpretation of this agreement.

This agreement and the transactions contemplated by this agreement are governed by Victorian law.

20. Definitions

Term

Definition

Account

Your CityLink Melbourne account including any e-TAGs and Nominated Vehicles linked to the account.

Act

The Melbourne City Link Act 1995 (Vic) as substituted, amended or varied from time to time.

Account Balance

The total of all Tolls, fees, taxes, charges and any other amounts which you owe us which is debited to your Melbourne Pass less any payments (and other amounts) credited to your Melbourne Pass.

Automatic Payment

A standing authorisation given by you to us over a credit card account for the payment of amounts to us.

Bank

Any bank or financial institution, including a credit card provider, authorised to carry on banking or financial business within Australia.

Business Day

Any day which is not a Saturday, Sunday or public holiday in Melbourne.

CityLink

The Link road and Extension road as defined in the Melbourne City Link Act 1995 (Vic) and any part of those roads.

CityLink Melbourne, we, our or us

CityLink Melbourne Limited (formerly Transurban City Link Limited) ABN 65 070 810 678 and its successors, contractors, assignees, employees, agents, and nominees.

CityLink Register

The register of vehicles established and maintained by us under section 73A of the Act.

CityLink Registration

The registration by us of your vehicle on the CityLink Register.

Class

A Motorcycle, Car, Light Commercial Vehicle or Heavy Commercial Vehicle as defined in the Toll Calculation Schedule.

Concession Deed

Has the meaning given to ‘the Agreement’ in the Act.

Credit Reporting Policy

The Credit Reporting Policy available from CityLink’s website.

EastLink

Means EastLink as defined in the EastLink Project Act 2004 (Vic) and any part of that road.

Eligible Toll Road

Includes CityLink and EastLink roads, bridges, tunnels and locations on which a toll is levied for the passage of vehicles and for which you can use your CityLink Melbourne Pass to pay that toll. For further details, please refer to our website.

End Time

The date and time you nominated when setting up your Melbourne Pass and means the last day and time on which Trips made using your Nominated Vehicle on Eligible Toll Roads will be charged to your Melbourne Pass. The Registration of your Nominated Vehicle will be cancelled at the time on the date you nominated when setting up your Melbourne Pass, or at a date and time subsequently advised.

Finalise Date

The day when CityLink debits funds from your nominated credit card to finalise any outstanding Tolls, fees and charges remaining on your Melbourne Pass.

Infringement Notice

A fine or other financial impost issued by an enforcement agency of the relevant State government to the registered owner or nominated driver of a vehicle. Infringement Notices may be issued when full payment of a Toll Invoice has not been received by the relevant due date.

Motorcycle

Has the meaning given to ‘Motor Cycle’ in the Toll Calculation Schedule.

Melbourne Pass

Means your account with us.

Nominated Vehicle

A vehicle you have asked us to link to your Melbourne Pass and is registered on the CityLink Register and linked to your Melbourne Pass and for clauses 4, 5, and 20 only, also includes a vehicle you ask us to link to your Melbourne Pass.

Number Plate

The physical plate which contains the vehicle’s Registration Number.

Privacy Policy

The Privacy Policy available from CityLink’s website.

Registration Number

The combination of numbers, letters, or numbers and letters on the Number Plate of your Nominated Vehicle, as assigned to that vehicle by the relevant registration authority (e.g. VicRoads).

Start Date

The date and time you nominated when setting up your Melbourne Pass and means the first day and time on which Trips made using your Nominated Vehicle on Eligible Toll Roads will be charged to your Melbourne Pass.

Toll Administration Fee

A toll administration fee calculated in accordance with the Act or, in relation to an Eligible Toll Road other than CityLink, such equivalent legislation that applies in relation to that Eligible Toll Road.

This fee may be payable if you receive a Toll Invoice.

Toll Calculation Schedule

Has the meaning given to that term in the Concession Deed.

Toll Invoice

A request for payment issued to the registered owner or nominated driver of a vehicle for travel on CityLink or another Eligible Toll Road. Toll Invoices are issued by CityLink or another Eligible Toll Road operator and may include Tolls and Toll Administration Fees.

Tolling Customer Ombudsman

Means the ombudsman for the tolling industry and the contact details can be obtained from our website.

Tolls

Tolls are the amount payable for travel on CityLink and EastLink.

CityLink Tolls are set in accordance with the Toll Calculation Schedule and may be updated quarterly. The full details appear in the Victoria Government Gazette (gazette.vic.gov.au). Tolls on CityLink vary depending on the Class of the Nominated Vehicle. It is your responsibility to ensure that each of your Nominated Vehicles is registered in the correct Class at all times.

Current Toll prices for EastLink are available from EastLink’s operator.

Trip

The driving of a vehicle in one direction in one or more Toll Zones uninterrupted by exit and subsequent re-entry of CityLink other than travel directly between the Southern Link and the Western Link. For another Eligible Toll Road, a Trip will be determined by the operator of that Eligible Toll Road.

Trip Cap

The maximum Tolls which will be debited to your Account for each Trip. The amount is determined by us in line with the Act, or, if applicable, by an operator of another Eligible Toll Road in respect of Trips on that Eligible Toll Road.

You/your

You, the customer, who has opened the Melbourne Pass with us and your properly authorised agents

Amounts, Fees and Charges (inclusive of GST where applicable)

Amount / Fee / Charge

Description

Amount, Fee or Charge

Account Maintenance Fee

Each time you modify extend or close your Melbourne Pass before the End Time; or when you change Contact Details or Credit Card Details.

Free when maintained on citylink.com.au

$2 when maintained via our call centre (more than 24 hours after Melbourne Pass establishment).

Additional Number Plate Registration Fee

Whenever additional Number Plates are registered to your Melbourne Pass (more than 24 hours after Melbourne Pass establishment).

$0.25 per additional Number Plate when added at citylink.com.au

$2 per transaction when added via the call centre.

Agreed Replenishment Amount

The amount drawn from your credit card after the Account Balance falls below the Top Up Trigger.

The amount necessary to return your Account Balance to $0.

Closing Payment Amount

The amount drawn from your nominated credit card on the Finalise Date.

The amount necessary to finalise any outstanding Tolls, fees and charges.

Credit Card Surcharge Fee

This is the amount that is debited to your credit card when you nominated to use an American Express or Diners Club credit card to make payment to us.

The variable charge imposed on us by the credit provider to process your payment to CityLink.

Current Credit Card Surcharge Fees are available when you visit citylink.com.au.

Debt Cost Recovery Fee

Any costs (including legal costs) incurred by us in recovering a debt from you. These costs will be debited to your Melbourne Pass.

If your Melbourne Pass is in arrears and we attempt to recover the debt from you, the Debt Cost Recovery Fee will be debited to your Melbourne Pass and the aggregate of that debt and any applicable fees may be recovered from you by us.

Amount incurred by us.

Dishonour Fee

The amount that will be charged to your Melbourne Pass if your payment is not successfully made, unless the unsuccessful payment is caused by us or our Bank.

$1

Opening Fee

The amount charged when your Melbourne Pass is set up.

$5.50 for a Melbourne Pass to set up at any channel.

Statement Fee

A free statement will be emailed to your nominated email address at the end of the Melbourne Pass period. The amount debited to your Melbourne Pass when you request a statement other than the free email statement sent at the end of the Melbourne Pass period.

Request via citylink.com.au – Free

Free via e-mail

Request via Call Centre – $2 for email

$5 via post

Top Up Trigger

When your Account Balance falls to this amount we will draw the Agreed Replenishment Amount from your credit card.

$10, or any larger amount as agreed.

Vehicle Matching Fee

This is the amount that will be debited from your Account (as well as Tolls), for each Trip that any Nominated Vehicle is detected using an Eligible Toll Road.

Motorcycle trips do not incur Vehicle Matching Fees on CityLink.

We will charge you the amount set by CityLink and ConnectEast.

The current amounts are available at citylink.com.au and eastlink.com.au respectively.