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Passes Customer Service Agreement

Effective from: 7 July 2022 | Print as PDF

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1. Your agreement with Us
2. What is a Linkt Pass?
3. Use and disclosure of your information
4. What to do before using CityLink
5. How Your Linkt Pass works
6. Your Nominated Day and Nominated Vehicle
7. What if Your Nominated Vehicle is lost or stolen?
8. Limit on number of Linkt Passes
9. Questions, complaints and disputes
10. Changing this customer service agreement
11. When this agreement ends
12. Liability
13. Online Services
14. Interpretation
15. General
16. Definitions

 

1. Your agreement with Us

This service is provided by CityLink Melbourne Limited ABN 65 070 810 678 under the brand, Linkt.

Linkt and Linkt Melbourne are trade marks of Transurban Limited ABN 96 098 143 410 used under licence by CityLink Melbourne Limited ABN 65 070 810 678.

The agreement begins when You accept the agreement by:

  1. accepting it in writing;
  2. by completing the "buy a pass" process on Our website or app;
  3. accepting the agreement orally; or
  4. conduct (e.g. by contacting Us to open an pass).

If You use CityLink and then buy a Linkt Pass, You agree that this agreement will have started immediately before You used CityLink.

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2. What is a Linkt Pass?

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

CityLink 24 Hour Pass

CityLink 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 "CityLink 24 Hour Pass"). The Nominated Day for a CityLink 24 Hour Pass can be any day.

CityLink Weekend Pass

CityLink 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 "CityLink Weekend Pass"). The Nominated Day for a CityLink Weekend Pass must be a Saturday.

CityLink 24 Hour Tulla Pass

CityLink 24 Hour Tulla Pass 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 CityLink 24 Hour Tulla Pass can be any day. CityLink 24 Hour Tulla Pass is only available:

  1. for travel in either direction on the Tulla Section (being the Tullamarine Freeway Upgrade between Bulla Road and Flemington Road only); and
  2. for Cars, LCVs or Motorcycles.

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3. Use and disclosure of your information

At Transurban, we take privacy seriously. We collect your personal information under this agreement in order to operate our tolling system, to calculate and charge tolls when you travel on CityLink and other Eligible Toll Roads, and to manage your account and to improve our products and services (including by conducting surveys about your recent experiences). If we do not do this then you may not have a valid basis to travel on CityLink or other Eligible Toll Roads, and you may commit an offence if you do so. 

We will share your information with service providers and partners who we work with in connection with our business, operators of other Eligible Toll Roads, government authorities (such as authorities responsible for the operation of roads and vehicle registration), and incident response and emergency services providers. 

We will also collect, use and disclose your information for the purposes set out in our Transurban Privacy Policy and Transurban Credit Reporting Policy.Those documents provide further information about our management of your personal information more generally and we encourage you to read them carefully.  In particular, those policies provide information about how you may seek access to or correction of your personal information, about how you can make a privacy complaint (and how we will deal with such complaints), and about any circumstances in which we may disclose your information outside Australia.

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4. What to do before using CityLink

You must do the following if You want to buy a Linkt Pass:

  1. tell Us Your Nominated Day, the details of Your Nominated Vehicle and the type of Linkt Pass You wish to buy; and
  2. pay Us the relevant Linkt Pass Toll.

When is Your Nominated Vehicle registered?

We agree to register Your Nominated Vehicle on the Linkt Register:

  1. if You do the things required by clause 4a and 4b;
  2. if the applicable Linkt Pass limit described in clause 8 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:
    • CityLink 24 Hour Pass or CityLink 24 Hour Tulla Pass, 24 hours starting from Your first Trip on Your Nominated Day; or
    • CityLink 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 CityLink 24 Hour Pass, for the specified period of 24 hours starting from Your first Trip on Your Nominated Day.

Your Linkt Pass only takes effect when Your Nominated Vehicle is actually recorded as registered on the Linkt Register by Us. If You buy Your Linkt Pass after Your first Trip on Your Nominated Day, Your Linkt Registration will be recorded as starting from:

  • the time of Your first Trip on Your Nominated Day if You purchase a CityLink 24 Hour Pass or a CityLink 24 Hour Tulla Pass within 5 days of your first trip; or
  • Noon on the Friday immediately before Your Nominated Day if You purchase a Weekend Pass.

If You purchased a CityLink 24 Hour Tulla Pass, We will only register Your Nominated Vehicle in respect of the toll zone on the Tulla Section.

If You purchased a:

  • CityLink 24 Hour Pass or CityLink 24 Hour Tulla Pass, and Your Linkt Pass expires then Your Nominated Vehicle will no longer be registered on the Linkt Register:
  1. 24 hours after Your first Trip on Your Nominated Day; or
  2. if You do not make a Trip on Your Nominated Day, at Midnight on Your Nominated Day; or
  • CityLink Weekend Pass, then Your Linkt Pass expires at Midnight on the Sunday immediately after Your Nominated Day,

after this time we will remove Your Nominated Vehicle from the Linkt Register

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

  1. 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.
  2. 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 should contact Us for assistance.

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5. How Your Linkt Pass works

A Linkt Pass only allows You to use:

  1. CityLink if You bought a:
    • CityLink 24 Hour Pass, for a period of 24 consecutive hours starting from the time of Your first Trip on Your Nominated Day; or
    • CityLink 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
  2. the Tulla Section if You bought a CityLink 24 Hour Tulla Pass, for a period of 24 consecutive hours starting from the time of Your first Trip on Your Nominated Day.

You understand that any other use of CityLink (including where You have purchased a 24 Hour Tulla Pass and travel on CityLink on Your Nominated Day outside the Tulla Section) without alternative pass or account arrangements (e.g. a Visitor's Pass or Postpaid Account), may be an offence and the owner of the Nominated Vehicle may be issued with a Toll Invoice or, if the Toll Invoice remains unpaid, an Infringement Notice. If You receive a Toll Invoice You agree to pay any applicable Toll Administration Fee(s).

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.

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

Payment Card Surcharge

Where You make a payment to Us via an accepted credit card or debit card, You may be charged a Payment Card Surcharge on the amount paid.

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6. Your Nominated Day and Nominated Vehicle

Which day You can nominate

The Nominated Day for Your Linkt Pass may only be:

  1. the day You buy the Linkt Pass (e.g. today); or
  2. any day after the day You buy the Linkt Pass (e.g. tomorrow or later); or
  3. any day up to 5 days before You buy the Linkt Pass.

With respect to (c) above, when purchasing a 24 Hour CityLink Pass, 24 Hour Tulla Pass or CityLink Weekend Pass, You can cover recent trips made with Your Nominated Vehicle on CityLink by selecting a date up to 5 days ago. This applies to trips made on CityLink only, not trips made on EastLink. Please make sure you have a valid arrangement in place before You travel on EastLink as your Linkt Pass will not cover travel made on EastLink. Learn more about covering past trips here.

How to change Your Nominated Day or Your Nominated Vehicle

  1. You may only change:
    • Your Nominated Vehicle by contacting Us before 10 PM on the day before Your Nominated Day (for a CityLink 24 Hour Tulla Pass), or before 10 AM on the Friday immediately before Your Nominated Day (for a CityLink Weekend Pass), and nominating another vehicle of the same Class to be Your new Nominated Vehicle;
    • Your Nominated Day to be a day after Your original Nominated Day by contacting Us before 10 PM on the day before Your original Nominated Day (for a CityLink 24 Hour Tulla Pass and CityLink 24 Hour Pass), or before 10 AM on the Friday immediately before Your original Nominated Day (for a CityLink Weekend Pass), and nominating any future day to be Your new Nominated Day; or
    • Your Nominated Day to be a day before Your original Nominated Day by contacting Us before 10 PM on the day before Your new Nominated Day (for a CityLink 24 Hour Tulla Pass and CityLink 24 Hour Pass) or before 10 AM on the Friday before Your new Nominated Day (for a CityLink Weekend Pass), and nominating that day to be Your new Nominated Day. For clarity you must contact us prior to the date on which you intend to travel in order to amend or change Your Nominated Day.
  2. You understand that We may not be able to change Your Nominated Vehicle or Nominated Day if You cannot quote Your Linkt Pass Number.

What if You do not use Your Linkt 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 Linkt Pass.

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7. What if Your Nominated Vehicle is lost or stolen?

If You notify both the police and Us that Your Nominated Vehicle has been lost or stolen and it is not recovered before the Nominated Day, You may request Us to:

  1. change Your Nominated Vehicle; or
  2. refund the relevant Linkt Pass Toll within 14 days of You notifying Us.

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

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8. Limit on number of Linkt Passes

You understand that:

  1. You are responsible for ensuring that Your Nominated Vehicle or any vehicle that You drive on CityLink is registered on the Linkt Register each time You use CityLink;
  2. a total of 12 Linkt Passes (a combination of CityLink 24 Hour, CityLink Weekend or CityLink 24 Hour Tulla Pass) may be used and/or purchased for any Nominated Vehicle in a Year (a total of two (2) Linkt Passes in a Year for any Nominated Vehicle that is a Taxi);
  3. the date that a Linkt Pass is used is the Nominated Day for that Linkt Pass, except the CityLink Weekend Pass where the Nominated Day must be a Saturday;
  4. each CityLink 24 Hour Pass, CityLink Weekend Pass or CityLink 24 Hour Tulla Pass used or purchased for a Nominated Vehicle will be treated as one (1) Linkt Pass; and
  5. in any Year, We will not register Your Nominated Vehicle on the Linkt Register when You buy a Linkt Pass if more than 12 Linkt Passes have been used and/or purchased for Your Nominated Vehicle in that Year (more than two (2) Linkt Passes in a Year for any Nominated Vehicle that is a Taxi).

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9. 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 or debit card for the purchase of Your Linkt 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 TCO Tolling Customer Ombudsman.

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10. Changing this customer service agreement

We may change any of the terms of this agreement by publishing the changes or a new agreement at linkt.com.au/melbourne. We will take reasonable steps to notify You beforehand of any material changes to the terms of this agreement via the contact details You have provided to Us.

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11. When this agreement ends

This agreement will end when your Linkt Pass expires:

  1. for a CityLink 24 Hour Pass and CityLink 24 Hour Tulla Pass, 24 consecutive hours from the time of your first Trip on your Nominated Day; or
  2. for a CityLink Weekend Pass, at Midnight on the Sunday immediately following your Nominated Day

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.

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12. 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, except to the extent that the loss, damage or expense was caused by Us, or as a result of our negligence or breach.

This agreement does not affect any rights, liabilities and responsibilities arising at law, including under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) (ACL), unless otherwise provided under this agreement.

Where liability cannot be excluded, any liability incurred by Us in relation to the use of CityLink or this agreement is limited to the extent provided for by the ACL.

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13. Online Services

Our online services (including Our websites, apps, email communications, social media profiles and other online services) may use Google services such as Google Analytics, Google Ads and Google Maps (e.g. 'Autocomplete' for address entry) from time to time. By using Our online services, You are agreeing to be bound by Google's Terms of Service and Linkt's Terms of Use

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14. Interpretation

In this agreement unless the contrary intention appears:

  1. a reference to this agreement includes any variation to it;
  2. the singular includes the plural and the plural includes the singular;
  3. a reference to a person includes a firm, a body corporate, an unincorporated association or an authority;
  4. an obligation imposed on two or more parties binds them jointly and severally;
  5. a reference to a time or date is a reference to that time or date in Melbourne; and
  6. a provision of this agreement must not be interpreted against Us just because We prepared the agreement.

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15. General

Representations and warranties

You represent and warrant to Us that:

  • You have the power, authority and capacity to enter into this agreement; and
  • the owner and users of Your Nominated Vehicle linked to Your Linkt Pass have consented to the linking of that vehicle to Your Linkt Pass and for You to be provided with information regarding their use of that vehicle.

This agreement is the entire agreement

This agreement is the entire agreement about the Linkt Registration of Your Nominated Vehicle, Your Linkt Pass and the other matters covered by this agreement.

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16. 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.

Class

A Motorcycle, Car, Light Commercial Vehicle or Heavy Commercial Vehicle as defined in the Toll Calculation Schedule in the Concession Deed. For more information on vehicle class, refer to Our website.

Concession Deed

Has the meaning given to 'the Agreement' in the Act.

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.

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

 

Linkt Pass Number

An identifying number for Your Linkt Pass that We provide to You.

Linkt Pass Toll

The toll price for the type of Linkt Pass You are purchasing and the Class of Your Nominated Vehicle which is set in line with the Act.

Linkt Register

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

Linkt Registration

The registration by Us of Your Nominated Vehicle on the Linkt Register.

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 4 (or as changed under clause 6). In the case of CityLink Weekend Pass the Nominated Day must be a Saturday.

Nominated Vehicle

The vehicle (or if You buy a CityLink Weekend Pass or a CityLink 24 Hour Tulla Pass, the Car, LCV or Motorcycle) You have asked Us to register on the Linkt Register, the Registration Number of which has been given to Us under clause 4 (or as changed under clause 6).

Noon

Means midday, or 12 pm.

Payment Card Surcharge

This is the amount that We may add to a payment to Us, when You make a payment by an accepted credit card or debit card.

 

If You make a payment by an accepted credit card or debit card, We are charged a merchant service fee by Our financial institution. View the current Payment Card Surcharge rates.

 

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.

TCO 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 Us 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. 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 Linkt Pass.

Transurban Credit Reporting Policy

The Transurban Credit Reporting Policy available from Our website.

Transurban Privacy Policy

The Transurban Privacy Policy available from Our website.

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 CityLink 24 Hour Tulla Pass 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 Us under section 71 of the Act) between Moreland Road and Brunswick Road.

We, Our or Us

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

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.

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