Visitor's Pass Customer Service Agreement

Effective from: 7 July 2022

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1. Your agreement with Us
2. Linking Your vehicle to Your Visitor's Pass and the Linkt Register
3. Use and disclosure of your information
4. The road tolling system
5. When You should contact Us
6. If Your Nominated Vehicle or Number Plate is stolen
7. Charging Tolls and Video Matching Fees to Your Visitor's Pass
8. Payment of Your Visitor's Pass
9. When is a payment made?
10. When You agree to additional payments
11. Questions, complaints and disputes
12. Changing the agreement
13. A Visitor's Pass expires at the End Time
14. Suspension or cancellation
15. When this agreement ends
16. Liability
17. Notices
18. Online Services
19. Interest
20. Interpretation
21. General
22. Definitions
23. Amounts, Fees and Charges

 

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.

This agreement details Your rights and obligations for use of CityLink and, in some circumstances, Eligible Toll Roads. The agreement begins when You accept the agreement by:

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

A Visitor's Pass cannot be used for a Taxi. Consider opening a Prepaid Account or Commercial Account if you are a taxi driver / owner.

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2. Linking Your vehicle to Your Visitor's Pass and the Linkt Register

When purchasing a Visitor's Pass, You can cover recent trips made with Your Nominated Vehicle by selecting a date up to 5 days ago on CityLink and up to 3 days ago on EastLink. Please make sure You have a valid arrangement in place before You travel on toll roads in Sydney and Queensland as you cannot use Your Visitor's Pass to cover trips made on these toll roads. Learn more about covering past trips here.

We will register the vehicle that is linked to Your Visitor's Pass on the Linkt Register when You provide Us with all the information We need (including vehicle information) as well as any payment required under this agreement.

The vehicle information needed includes the Registration Number, make and model, and/or Class of any vehicle to be linked to Your Visitor's Pass. Registration only occurs when Your vehicle is recorded as registered on the Linkt Register by Us.

You must link at least one vehicle to Your Visitor's 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. Department of Transport, also known as 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 Linkt Registration of Your vehicle or any vehicle that You drive on CityLink or Eligible Toll Road is current and not suspended or cancelled.

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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. 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 and applicable Video Matching Fees to Your Visitor's Pass, which is based on Your Linkt Registration or the observed Class of Your vehicle (if these differ). 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 Eligible Toll Roads

Other Eligible Toll Road operators may operate electronic tolling systems on its toll road to detect vehicles that make Trips on EastLink by identifying Your vehicle's Registration Number. The Eligible Toll Road operator will send Trip data and the relevant Tolls to Us so We can charge those Eligible Toll Road Tolls (and any fees if applicable) to Your Visitor's Pass. We will charge those amounts determined as payable by the Eligible Toll Road operator and We are not responsible for confirming the accuracy of that information.

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5. When You should contact Us

You should contact Us as soon as possible when:

  1. Your Nominated Vehicle or the Number Plate on Your Nominated Vehicle is lost or stolen;
  2. You want to remove Your Nominated Vehicle from Your Visitor's Pass (e.g. You sell that vehicle), or You change the Registration Number or Class of a Nominated Vehicle that is linked to Your Visitor's Pass, or You want to link another vehicle to Your Pass;
  3. You change Your contact details (e.g. Your phone number);
  4. You become aware of anything that may or will affect any payment under this agreement;
  5. Your Nominated Vehicle is modified after it is registered; or
  6. You are unsure whether Your vehicle is registered in the correct Class.

If You do not make contact when required

To avoid having Your Visitor's Pass suspended or Your vehicle removed from the Linkt Register due to payment failures, please  contact Us as soon as You become aware of anything that may or will affect a payment under this agreement. You can do this through our website or by contacting Us.

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6. If Your Nominated Vehicle or Number Plate is stolen

We will not charge Tolls or the Video Matching Fee to Your Visitor's Pass if after You have notified both the police and Us that:

  1. Your Nominated Vehicle has been stolen, We detect that Nominated Vehicle at a Toll Zone; or
  2. 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 Visitor's 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.

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7. Charging Tolls and Video Matching Fees to Your Visitor's Pass

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

For each Trip that a Nominated Vehicle is detected on CityLink, We will only debit Tolls to the Visitor's Pass up to the Trip Cap.

On or after the Start Date for a Nominated Vehicle, We may charge Tolls and may debit a Video Matching Fee to Your Visitor's Pass for each Trip that Your Nominated Vehicle was detected on:

  1. CityLink for a minimum of five days; or
  2. Eastlink for a minimum of three days,

prior to the time You originally contacted Us to open the Visitor's Pass and that Start Date.

If Your Nominated Vehicle is linked to another Account or Pass, and Your Nominated Vehicle is detected on an CityLink detected, We may choose which Account or Pass will be charged with the Tolls and any applicable fees from that Trip.

Motorcycle Trips do not incur Video Matching Fee on CityLink.

We will charge Tolls and the Video Matching Fee to Your Visitor's Pass:

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

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8. Payment of Your Visitor's Pass

Tolls, fees and charges are charged by Us to Your Visitor's Pass on a daily basis if you have travelled on an Eligible Toll Road. When Your Account Balance is below $0, We will automatically draw the amount required to return Your Account Balance to $0 by Automatic Payment from Your credit or debit card. Valid credit or debit card details must be recorded against Your Visitor's Pass at all times, regardless of Your Account Balance, to prevent suspension due to payment failures. We will draw a Closing Payment Amount from Your credit or debit 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.

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9. When is a payment made?

Payments are made to Your Visitor's Pass when We receive them.

We will receive Your payments when credited successfully to Our Bank Account.

Where You pay Your Visitor's Pass via an accepted credit card or debit card, You may be charged a Payment Card Surcharge on the amount paid. If Your Automatic Payment has failed, We will receive Your payments:

  1. by credit or debit card, when You arrange for payment:
  2. by telephone, when You are given a receipt number for that payment; or
  3. through our website, when You are given a reference number for that payment.

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10. When You agree to additional payments

We may charge to, or debit from, Your Visitor's Pass 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.

Payment Card Surcharge

Where You pay Your Visitor's Pass via an accepted credit card or debit card, You may be charged a Payment Card Surcharge on the amount paid.

Toll Administration Fee

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

If You use CityLink or Eligible Toll Road in a Nominated Vehicle with a different Class

If You use CityLink or Eligible Toll Roads in a vehicle linked to Your Visitor's Pass which is of a different Class from that registered, We may debit the appropriate Tolls and applicable fees to Your Visitor's Pass. It is Your responsibility to confirm that Your vehicle is registered in the correct Class at all times.

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11. 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 Visitor's 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. 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.

Where You dispute Your Account Balance, We may (at Our discretion):

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

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12. Changing the 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 of any material changes to the terms of this agreement beforehand via the contact details You have provided to Us.

If You are not satisfied with any changes to the terms of this agreement, You can close Your Visitor's Pass (see clause 14).

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 and are published to the linkt.com.au/melbourne website at least 10 business days before the change to the Tolls comes into effect.

A change to the Video Matching Fee is not a change to this agreement and therefore this clause does not apply. The Video Matching Fee for Trips on CityLink is determined by Us and will be published to the linkt.com.au/melbourne website at least 10 business days before the change to the Video Matching Fee for Trips on CityLink comes into effect. The Video Matching Fee for Trips on EastLink is determined by ConnectEast Pty Ltd.

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13. A Visitor's Pass expires at the End Time

Your Visitor's Pass expires at the End Time that You nominated when setting up Your Visitor's Pass, such End Time being no later than 30 days after the Start Date of Your Visitor's Pass. Trips made using Your Nominated Vehicle after the End Time nominated on Your Visitor's Pass will not be charged to Your Visitor's Pass and the owner of that vehicle may receive a Toll Invoice or, if the Toll Invoice remains unpaid, an Infringement Notice.

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14. Suspension or cancellation

If Trips are made by Your Nominated Vehicle when it is suspended or cancelled from the Linkt 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 Linkt Registration of Your vehicle is suspended or cancelled when We record it as suspended or cancelled on the Linkt Register or remove it from the Linkt Register.

We will cancel the Registration of Your Nominated Vehicle at the End Time nominated on Your Visitor's Pass.

We may suspend or cancel the Registration of Your Nominated Vehicle before the End Time nominated on Your Visitor's Pass if:

  • Your Automatic Payment fails;
  • 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 Visitor's 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. Department of Transport);
  • for any reason valid credit or debit card details are not recorded against Your Visitor's Pass, regardless of Your Account Balance at the relevant time;
  • We are required to do so by law; or
  • We reasonably consider suspension or cancellation of the Linkt Registration of Your Nominated Vehicle is warranted and/or necessary for any other serious reason (such as fraudulent or malicious use, material breach of this agreement or serious misconduct).

Notice prior to suspension or cancellation

If We have reason to suspend or cancel the Linkt Registration of Your vehicle, We will make reasonable attempts to contact You, via the contact details You have provided, prior to any such suspension or cancellation becoming effective.

Notice of suspension or cancellation

If We have suspended or cancelled the Registration of Your vehicle, We may try to notify You via the contact details You have provided. You agree that this is a reasonable method of notice for Us to use.

How You may cancel Your Visitor's Pass

You may end this agreement at any time by giving Us notice that You want to close Your Visitor's Pass. We will contact You to let You know that the Linkt Registration of the Nominated Vehicles linked to Your Visitor's Pass is cancelled.

Using Eligible Toll Roads after cancellation or suspension of your Visitor's Pass

If You wish to use a vehicle on any Eligible Toll Road after the Linkt Registration of Your vehicle has been suspended or cancelled, You must first contact Us and re-register Your vehicle on the Linkt Register by setting up a new Visitor's Pass, or opening a new Account with Us. 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 Linkt Registration has been suspended or cancelled, the driver of that vehicle may commit an offence and You, the owner, may receive a Toll Invoice or, if the Toll Invoice remains unpaid, an Infringement Notice.

If the Linkt Registration of Your Nominated Vehicle linked to Your Visitor's 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.

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15. 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.

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16. 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 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 EastLink, or this agreement is limited to the extent provided for by the ACL.

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17. Notices

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

  • given to You personally;
  • left at Your Address;
  • sent to Your Address;
  • 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 Us may be sent or delivered:

  • to Our Address;
  • by email to Our email address.

Notices take effect from the time they are received unless a later time is specified. 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 left at Your Address, they are taken to be received on the day of delivery if delivered before 4 pm on a Business Day and otherwise on the next Business Day. If notices are sent by e-mail or SMS, they are taken to be received on the day after the date of sending.

For any general enquiries please contact Us.

If any part of this agreement is illegal or unenforceable it will not apply

Any provision of this agreement must be read down to the extent necessary to prevent that provision or this agreement from being invalid, voidable or not enforceable in the circumstances.

If a provision of this agreement is still invalid, voidable or not enforceable, the relevant word, words or provision will be deleted, and the rest of this agreement will continue to be fully enforceable.

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18. 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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19. Interest

You will not earn interest on any credit Account Balance on Your Visitor's Pass.

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20. 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;
  6. a provision of this agreement must not be interpreted against Us just because We prepared the agreement;
  7. a reference to any legislation or subordinate legislation includes any modifications or changes; and
  8. 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.

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21. 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 owners and users of all vehicles linked to Your Visitor's Pass have consented to the linking of those vehicles to Your Visitor's Pass and for You to be provided with information regarding their use of those vehicles.

Recovery of costs

We may request that You pay Us an amount equal to any costs (including legal costs) reasonably incurred by Us in recovering a debt from You in court.

This agreement is the entire agreement

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

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22. Definitions

Term

Definition

Account

Your Linkt Account including any 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 Visitor's Pass less any payments (and other amounts) credited to Your Visitor's Pass.

Address

The last mailing Address advised to Us by You.

Automatic Payment

A standing authorisation for Your payment given by You to Us over an accepted credit or debit card

Bank

Any Bank or financial institution, including a debit or 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.

Class

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

Concession Deed

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

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 Visitor's 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 Visitor's Pass (such date being no later than 30 days after the day You set up Your Visitor's 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 Visitor's Pass. The Registration of Your Nominated Vehicle will be cancelled at the time on the date You nominated when setting up Your Visitor's Pass, or at a date and time subsequently advised.

Finalise Date

The day when We debit funds from Your nominated credit or debit card to finalise any outstanding Tolls, fees and charges remaining on Your Visitor's 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.

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 vehicle on the Linkt Register.

Motorcycle

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

Visitor's Pass

Means Your Account with Us.

Nominated Vehicle

A vehicle You have asked Us to link to Your Visitor's Pass and is registered on the Linkt Register and linked to Your Visitor's Pass and for clauses 4, 5, and 20 only, also includes a vehicle You ask Us to link to Your Visitor's Pass.

Number Plate

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

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. Department of Transport).

Start Date

The Start Date is the date on which Your Visitor's Pass is opened.

Toll Administration Fee

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 Us or another Eligible Toll Road operator and may include Tolls and Toll Administration Fees.

TCO 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. 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.

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 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.

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.

You/Your

You, the customer, who has opened the Visitor's Pass with Us and Your properly authorised agents.

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23. Amounts, Fees and Charges

Fees and charges applicable to Your Pass are detailed on the Visitor's Pass fees page.

Please note that these fees exclude toll pricing. View current toll costs.

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