CityLink Passes Customer Service Agreement

As at 25th June 2015​

1. Your agreement with us

This agreement starts when you accept this customer service agreement in writing, orally or by conduct (e.g. in person or by telephone or by clicking on the “I accept” button on our website). If you use CityLink and then buy a CityLink Pass, you agree that this agreement will have started immediately before you used CityLink. Notwithstanding anything to the contrary in this agreement, if your Nominated Vehicle is a Taxi, then this agreement will immediately expire and your Nominated Vehicle will be taken to have never been registered on the CityLink Register under or in connection with this agreement. If your Nominated Vehicle is a Taxi, its registration on the CityLink Register will be governed by an alternative agreement. See citylink.com.au for details.

2. What is a CityLink Pass?

There are three types of CityLink Pass. They are the:

24 HOUR PASS 
The 24 Hour Pass is an arrangement for the driver of a Nominated Vehicle who wishes to use any or all of CityLink during a fixed 24 hour period starting from the time of the first Trip on the Nominated Day (a “24 Hour Pass”).

WEEKEND PASS 
The Weekend Pass is an arrangement for the driver of a Car, LCV, or Motorcycle who wishes to use any or all of CityLink during a Weekend (a period starting at Noon on Friday and ending at Midnight on the immediately following Sunday) (a “Weekend Pass”). The Nominated Day for a Weekend Pass must be a Saturday.

24 HOUR LIMITED PASS – TULLA ONLY 
The 24 Hour Limited Pass – Tulla Only is an arrangement for the driver of a Car, LCV, or Motorcycle who wishes to use only the Tulla Section of CityLink during a fixed 24 hour period starting from the time of the first Trip on the Nominated Day. The Nominated Day for a 24 Hour Limited Pass – Tulla Only can be any day. The 24 Hour Limited Pass – Tulla Only is only available: (a) for travel in either direction on the Tulla Section (being the Tullamarine Freeway Upgrade between Bulla Road and Flemington Road only); and (b) for Cars, LCVs, or Motorcycles.

3. What to do before using CityLink

You must do the following if you want to buy a CityLink Pass: 
(a) tell CityLink Melbourne your Nominated Day, the details of your Nominated Vehicle and the type of CityLink Pass you wish to buy; and 
(b) pay CityLink Melbourne the relevant CityLink Pass Toll.

When is your Nominated Vehicle registered?

(a) CityLink Melbourne agrees to register your Nominated Vehicle on the CityLink Register:

(1) if you do the things required by clause 3a and 3b;
(2) if the applicable CityLink Pass limit described in Section 7 of this agreement has not been exceeded by or with respect to your Nominated Vehicle;
(3) if it is a Car, LCV, or Motorcycle, for the specified period of: 

  • 24 Hour Pass or 24 Hour Limited Pass - Tulla Only, 24 hours starting from your first Trip on your Nominated Day; or
  • Weekend Pass, from Noon on Friday immediately before your Nominated Day and expiring at Midnight on Sunday immediately after your Nominated Day (that Nominated Day being a Saturday); and

(4) if it is a HCV 24 Hour Pass, for the specified period of 24 hours starting from your first Trip on your Nominated Day;
(b) Your CityLink Pass only takes effect when your Nominated Vehicle is actually recorded as registered on the CityLink Register by CityLink Melbourne. If you buy your CityLink Pass after your first Trip on your Nominated Day, your CityLink Registration will be recorded as starting from:

  • the time of your first Trip on your Nominated Day if you purchase a 24 Hour Pass or a 24 Hour Limited Pass - Tulla Only; or
  • Noon on the Friday immediately before your Nominated Day if you purchase a Weekend Pass.

(c) If you purchased a 24 Hour Limited Pass – Tulla Only, CityLink Melbourne will only register your Nominated Vehicle in respect of the toll zone on the Tulla Section.
(d) If you purchased a: 
(1) 24 Hour Pass or 24 Hour Limited Pass – Tulla Only, and your CityLink Pass expires then your Nominated Vehicle will no longer be registered on the CityLink Register: 24 hours after your first Trip on your Nominated Day; or if you do not make a Trip on your Nominated Day, at Midnight on your Nominated Day; or
(2) Weekend Pass, and your CityLink Pass expires at Midnight on the Sunday immediately after your Nominated Day; or
(e) Your CityLink Pass expires when CityLink Melbourne records it as expired on the CityLink Register or when CityLink Melbourne removes your Nominated Vehicle from the CityLink Register.
(f) CityLink Melbourne may register your Nominated Vehicle even if you haven’t complied with clause 3a and 3b.

If you use CityLink in a Nominated Vehicle with a different Class

(a) It is your responsibility to confirm that your vehicle is registered in the correct Class at all times. If you have given us incorrect information about the Class of your Nominated Vehicle(s) or other vehicle(s) you drive on CityLink we may charge you based on the vehicle’s correct Class.
(b) If your Nominated Vehicle is modified after it is registered you must confirm and if appropriate update the Class in which it is registered. If you are unsure whether your vehicle is registered in the correct Class you must contact us for assistance.

4. How your CityLink Pass works

A CityLink Pass only allows you to use: 
(a) CityLink if you bought a:
(1) 24 Hour Pass, for a period of 24 consecutive hours starting from the time of your first Trip on your Nominated Day; or
(2) Weekend Pass, for a period starting at Noon on the Friday immediately before your Nominated Day and expiring at Midnight on the Sunday immediately after your Nominated Day; or
(b) the Tulla Section if you bought a 24 Hour Limited Pass – Tulla Only, for a period of 24 consecutive hours starting from the time of your first Trip on your Nominated Day and in your Nominated Vehicle.

You agree and acknowledge that you are only permitted to travel on the Tulla Section if you have purchased a 24 Hour Limited Pass – Tulla Only.

You understand that any other use of CityLink (including where you have purchased a 24 Hour Limited Pass – Tulla Only, travel on CityLink in your Nominated Vehicle on your Nominated Day but outside the Tulla Section) without alternative pass or account arrangements (e.g. a CityLink Melbourne Pass or Access Account), may be an offence under the Act and the owner of the Nominated Vehicle may be issued with a Toll Invoice or, if the Toll Invoice remains unpaid, an Infringement Notice.

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.

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

A CityLink Pass only allows you to use CityLink. You cannot use it to travel on EastLink.

5. Your Nominated Day and Nominated Vehicle

Which day you can nominate

The Nominated Day for your CityLink Pass may only be:
(a) the day you buy the CityLink Pass (e.g. today);
(b) any day after the day you buy the CityLink Pass (e.g. tomorrow or later); or
(c) any of the three days immediately before you buy the CityLink Pass (e.g. yesterday).

How to change your Nominated Day or your Nominated Vehicle

(a) You may only change:
(1) your Nominated Vehicle by contacting CityLink Melbourne BEFORE 10 PM on the day before your Nominated Day (for a 24 Hour Limited Pass – Tulla Only and 24 Hour Pass), or BEFORE 10 AM on the Friday before your Nominated Day (for a Weekend Pass), and nominating another vehicle of the same Class to be your new Nominated Vehicle;
(2) your Nominated Day to be a day after your original Nominated Day by contacting CityLink Melbourne BEFORE 10 PM on the day before your original Nominated Day (for a 24 Hour Limited Pass – Tulla Only and 24 Hour Pass), or BEFORE 10 AM on the Friday before your original Nominated Day (for a Weekend Pass), and nominating any future day to be your new Nominated Day; or
(3) your Nominated Day to be a day before your original Nominated Day by contacting CityLink Melbourne BEFORE 10 PM on the day before your new Nominated Day (for a 24 Hour Limited Pass – Tulla Only and 24 Hour Pass) or BEFORE 10 AM on the Friday before your new Nominated Day (for a Weekend Pass), and nominating any future day to be your new Nominated Day.

(b) You understand that CityLink Melbourne may not be able to change your Nominated Vehicle or Nominated Day if you cannot quote your CityLink Pass Number.

What if you do not use your CityLink Pass on your Nominated Day?

You understand that if you do not use CityLink on your Nominated Day you will not be able to receive a refund or a replacement CityLink Pass.

6. What if your Nominated Vehicle is lost or stolen?
If you notify both the police and CityLink Melbourne that your Nominated Vehicle has been lost or stolen and it is not recovered before the Nominated Day, you may request CityLink Melbourne to: 

(a) change your Nominated Vehicle; or
(b) refund the relevant CityLink Pass Toll within 14 days.

7. Limit on number of CityLink Passes

You understand that: 
(a) you are responsible for ensuring that your Nominated Vehicle or any vehicle that you drive on CityLink is registered on the CityLink Register each time you use CityLink;
(b) a total of 12 CityLink Passes (a combination of 24 Hour, Weekend or 24 Hour Limited Pass – Tulla Only) may be used and/or purchased for any Nominated Vehicle in a Year;
(c) the date that a CityLink Pass is used is the Nominated Day for that CityLink Pass; and
(d) each 24 Hour Pass, Weekend Pass or 24 Hour Limited Pass – Tulla Only used or purchased for a Nominated Vehicle will be treated as one (1) CityLink Pass.
(e) in any Year, CityLink Melbourne will not register your Nominated Vehicle on the CityLink Register when you buy a CityLink Pass if more than 12 CityLink Passes have been used and/or purchased for your Nominated Vehicle in that Year.

  • For example, even if you have purchased a CityLink Pass for the Nominated Vehicle for the day you use it on CityLink, you may commit an offence under the Act and the Owner of the Nominated Vehicle may be issued with a Toll Invoice or, if the Toll Invoice remains unpaid, an Infringement Notice.

8. 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 to your nominated credit card for the purchase of your CityLink 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 Tolling Customer Ombudsman.

9. Changing this customer service 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.

10. When this agreement ends

The ending of this agreement does not affect any rights that either you or we have against each other which arose at or before the end of this agreement.

11. 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 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 any Eligible Toll Road or this agreement is limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).

12. 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 this agreement (including the exercise of any rights or the performance of any obligations under this agreement) or as detailed in our Privacy Policy. Please visit our website or contact us for a copy of our Privacy Policy.

You consent to any information (including personal 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 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. 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.

13. 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;

14. Definitions

Term

Definition

Act

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

Car

Has the meaning given to that term in the Toll Calculation Schedule.

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

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

CityLink Pass

The registration of your Nominated Vehicle under Part 4 of the Act, for a period of:

• 24 hours from your first Trip if you buy a 24 Hour Pass;
• starting at Noon on a Friday and ending at Midnight on the following Sunday if you buy a Weekend Pass;
• 24 hours from your first Trip for travel in either direction in the Tulla Section if you buy a 24 Hour Limited Pass – Tulla Only; and as registered on the CityLink Register.

CityLink Pass Number

An identifying number for your CityLink Pass that CityLink Melbourne provides to you.

CityLink Pass Toll

The toll price for the type of CityLink Pass you are purchasing and the Class of your Nominated Vehicle which is set in line with the Act.

CityLink Register

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

CityLink Registration

The registration by CityLink Melbourne of your Nominated 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 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.

Credit Reporting Policy

The Credit Reporting Policy available from CityLink’s website.

EastLink

Has the same meaning as “EastLink” in the EastLink Project Act (2004).

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.

LCV

A “Light Commercial Vehicle” which has the same meaning as defined in the Toll Calculation Schedule of the Concession Deed which is the first Schedule to the Act.

Midnight

Means the point of time when a day ends.

Motorcycle

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

Nominated Day

The day you have nominated under clause 3 (or as changed under clause 5).

Nominated Vehicle

The vehicle (or if you buy a Weekend Pass or a 24 Hour Limited Pass – Tulla Only, the Car or LCV) you have asked CityLink Melbourne to register on the CityLink Register, the Registration Number of which has been given to CityLink Melbourne under clause 3 (or as changed under clause 5).

Noon

Means midday, or 12 pm.

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).

Taxi

A vehicle which is the subject of a commercial passenger vehicle licence to operate as a taxi cab issued under the Transport Act 1983 (Vic).

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.

Tolling Customer Ombudsman

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

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.

Tolls

Tolls are the amount payable for travel on CityLink and other Eligible Toll Roads.

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 other Eligible Toll Roads are available from the relevant Eligible Toll Road operator.

For the avoidance of doubt, if you travel on CityLink in accordance with the terms of this agreement, the amount payable by you will be limited to the price payable for the applicable CityLink Pass.

Trip

The driving of a vehicle in one direction on a part of CityLink specified to be a toll zone under the Act (or in respect of a 24 Hour Limited Pass – Tulla Only only, the driving of a vehicle in one direction on the toll zone within the Tulla Section). Your first Trip for any particular day starts from the first time your Nominated Vehicle is detected in a toll zone on that day.

Tulla Section

That part of CityLink being the Tullamarine Freeway Upgrade, between Bulla Road and Flemington Road including the toll zone (as specified by CityLink Melbourne under section 71 of the Act) between Moreland Road and Brunswick Road.

Year

A consecutive 12 month period from any particular day to the anniversary of that day.

You/your

You, the customer, who has accepted this agreement, and your properly authorised agents.