Passes Customer Service Agreement

Last updated: 19 July 2018

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 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 Account).

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

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").

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.

3. 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?

  1. We agree to register your Nominated Vehicle on the Linkt Register:
    1. if you do the things required by clause 3a and 3b;
    2. if the applicable Linkt 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:
      • 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;
  2. 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:
    1. 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; or
    2. Noon on the Friday immediately before your Nominated Day if you purchase a Weekend Pass.
  3. 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.
  4. If you purchased a:
    1. 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: 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. CityLink Weekend Pass, and your Linkt Pass expires at Midnight on the Sunday immediately after your Nominated Day; or
    3. Your Linkt Pass expires when we record it as expired on the Linkt Register or when we remove your Nominated Vehicle from the Linkt Register.
  5. We 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

  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 must contact us for assistance.

4. How your Linkt Pass works

A Linkt Pass only allows you to use:

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

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 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.

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.

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

A Linkt 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 Linkt Pass may only be:

  1. the day you buy the Linkt Pass (e.g. today);
  2. any day after the day you buy the Linkt Pass (e.g. tomorrow or later); or
  3. any of the three days immediately before you buy the Linkt Pass (e.g. yesterday).

How to change your Nominated Day or your Nominated Vehicle

  1. You may only change:
    1. 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 before your Nominated Day (for a CityLink 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 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 before your original Nominated Day (for a CityLink 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 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 any future day to be your new 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.

6. 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.

7. 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; and
  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.
  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).

For example, even if you have purchased a Linkt 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 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.

9. Changing this customer service agreement

We may change this agreement (including any amount, fee or deposit) by publishing the changes on our 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:

  1. 30 days after the date of notification of the changes on our website; or
  2. 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 Transurban Privacy Policy.

You consent to any information (including personal information) you provide to us, being disclosed by us to credit reporting bodies or to debt collection agencies where you are in payment default as outlined in our Transurban Credit Reporting Policy.

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.

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.

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;
  6. a provision of this agreement must not be interpreted against us just because we prepared the agreement;

15. 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.
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.
Link 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.
Link Pass Number An identifying number for your Linkt Pass that we provide to you.
Link 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 3 (or as changed under clause 5).
Nominated Vehicle The vehicle (or if you buy a CityLink Weekend Pass or a CityLink 24 Hour Tulla Pass, the Car or LCV) you have asked us to register on the Linkt Register, the Registration Number of which has been given to us under clause 3 (or as changed under clause 5).
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. The current Payment Card Surcharge rates are available in the fees table for your product.

 

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.