Road pass Customer Service Agreement

Effective: 13 November 2017

1 About us

1.1 Transurban Queensland

Queensland Motorways Management Pty Ltd (Transurban Queensland) is part of the Transurban Queensland Group which operates and manages certain toll roads, which are listed and updated from time to time at govianetwork.com.au and govia.com.au.  In this document we refer to these toll roads as ‘our roads’.

1.2 go via

The go via® tolling brand is owned by Transurban Queensland. We offer accounts and passes for travel on our roads and compatible roads.

2 This Agreement

2.1 What it covers

This Agreement covers your post-paid go via road pass which we refer to as ‘your pass’.  It outlines your rights and obligations to us and our rights and obligations to you about your pass, and each vehicle which is linked to that pass, which we refer to as ‘linked vehicles’.

2.2 Your rights and obligations

  • your right to travel on our roads
  • your obligation to ensure you provide us with your contact details including your name, email address, linked vehicle details, mobile phone number and a valid credit card with available funds to enable us to deduct tolls, fees and charges you incur
  • your obligation to pay all outstanding tolls, fees and charges when your pass expires or is cancelled
  • your obligation to drive lawfully on our roads.

2.3 Our rights and obligations

  • our right to charge tolls, fees and charges to your pass when a linked vehicle is used on our roads in Queensland
  • our right to take action if you don’t meet your obligations under this Agreement (which may include cancelling your pass or combining the balance of your pass with the balance of any other passes or accounts you may have with us)
  • our right to record and use the personal information you give us so we can correctly process your tolls, fees and charges
  • our obligation to treat your personal information in accordance with our Privacy Policy.

3 Your pass

3.1 Applying for a pass

You can apply for a pass by:

  • completing an electronic application at govia.com.au, or
  • calling our Customer Contact Centre and giving us the relevant details.

3.2 Acceptance of your application

If... Your application is accepted...
You apply online When you accept this Agreement electronically at govia.com.au.
You apply over the phone When you verbally accept this Agreement.


3.3 When your pass starts and ends

You can nominate a date for your pass to start and end.  You can select a start date that is up to three days before your application is accepted and an end date that is up to 30 days after the start date.  You agree that this Agreement will apply to you on and from the date that your pass starts, even if that date is in the past.

If you don’t nominate a start date, then the pass starts when your application is accepted (the default start date) and ends 30 days later (the default end date).

Your pass ends by expiry (on the end date) or by cancellation.  See section 7.2 for more details.

3.4 After your pass ends

When your pass ends, it is no longer valid.  If you need to continue to use our roads, then you need to apply for a new pass or make another arrangement to pay each toll incurred within three days of travel.

If a linked vehicle travels on our roads after your pass ends, and no arrangement to pay that toll is made within three days of that travel, then the registered owner of that linked vehicle will receive a toll invoice (including a toll invoice fee) from us.

3.5 Linking vehicles to your pass

You must give us the details of each vehicle that you want to link to your pass.  We will then link those vehicles to your pass.  You may have multiple linked vehicles on your pass.  You need to make sure all details for each linked vehicle on your pass are correct at all times (eg, vehicle details and credit card details).

When you provide details of the linked vehicles, you agree that your pass will be charged for all tolls, fees and charges incurred by those linked vehicles while your pass remains valid, even if you are not the driver of the linked vehicle at the time the toll, fees and charges are incurred (except to the extent you have notified us that the linked vehicle has been stolen).

By linking a vehicle to your pass, you confirm that you are the registered vehicle owner or that you have the permission of the registered vehicle owner to link the vehicle to your pass.  For all linked vehicles, you agree that you also consent, or have the consent of the registered vehicle owner, to us disclosing information to you about that vehicle’s use of our roads.  

3.6 Correct details

You must make sure all the details on your pass are correct at all times.

In particular, you must ensure that the details of the linked vehicles on your pass are correct.  If the details for your linked vehicles recorded on our system are wrong or change, then you are responsible for updating those details either by:

  • changing those details yourself by logging onto your account at govia.com.au, or
  • asking us to change those details by calling our Customer Contact Centre.

If we don’t have the correct details for the linked vehicle (especially the licence plate details) and that vehicle travels on our roads, then we will not be able to identify that vehicle as linked to your pass. If this occurs we will not be able to charge your pass, and you will need to apply for a new pass or make another arrangement to pay each toll incurred within three days of travel.

3.7 Access to your pass

When you apply for a pass, you will need to provide us with a username. A temporary password will be issued to you so that you can access your pass online. You can access your details and your pass information by logging onto your pass using your username and password at govia.com.au.

3.7.1 Your login details

You can use your username and password to access your details and your pass information at govia.com.au.  Make sure you keep your login details secure.

When your pass ends, we will email you a copy of your statement which shows all transactions made on your pass since it started. 

3.7.2 Confirming your identity

If you call us about your pass, we will confirm your identity by asking you some questions.

4 Paying for your tolls

4.1 How we charge

When you travel on our roads, we will charge tolls based on the class of vehicle (which depends on the type of vehicle and its purpose of use), for each toll point that the vehicle passes.  We may contact the relevant road authority in the State that any linked vehicle is registered to confirm the class of your vehicle.

See section 5.1 for more details.

4.2 Applying tolls, fees and charges when there is more than one valid tolling product

A linked vehicle may be associated with more than one valid tolling product (eg, an account and a road pass) when it travels on our roads or a compatible road. We apply the tolls, fees and charges in this order:

  1. to a pre-paid or post-paid go via account or an account issued by a compatible road operator, if we detect a tag linked to one of those accounts which is valid at the time of travel
  2. to a pass or an account in the order listed below, if we don’t detect a tag at the time of travel or are unable to charge the account associated with a detected tag:
    1. go via toll credit pass
    2. go via road pass
    3. pre-paid or post-paid go via account.

    If there are multiple passes linked to the vehicle at the time of travel, the pass with the earliest expiry date will be charged.

    If there are multiple accounts linked to the vehicle at the time of travel, the account to which the vehicle was most recently linked will be charged.

  3. to a valid pass or account with a compatible road operator.

4.3 Providing a valid credit card

When you apply for a pass, you must give us your credit card details so we can charge tolls, fees and charges to your pass.

We accept the following credit cards:

  • Visa
  • MasterCard
  • American Express
  • Diners Club.

4.4 Charging your credit card

We charge your credit card each time you reach $10 or more worth of charges on your pass.

For the purposes of credit card authentication, when setting up your pass, we may charge $1.00 to your credit card which is added to your pass as credit.  This is to ensure your credit card is valid at the time your pass is set up.  If no travel is taken using your pass, then the $1.00 will be refunded to you approximately 21 days after your pass ends.

We may charge your credit card even after your pass ends to process tolls, fees and charges that applied to the linked vehicle while the pass was valid.  The final payment for your pass may be processed up to 30 days after your pass expires.

4.5 If we can’t charge your credit card

If we can’t successfully charge your credit card because your financial institution declines our payment request, then your pass will be suspended until payment is made. 

If an outstanding amount remains unpaid, we may attempt to recover the debt from you through a debt collection agency.

If a linked vehicle travels on our roads while your pass is suspended, and no arrangement to pay that toll is made within three days of that travel, then the registered owner of that linked vehicle may receive a toll invoice. 

4.6 Set off

We may set off or deduct from any positive pass balance or positive account balance which you have with us, any amounts due, or which may become due, to us from you at any time and for any reason whatsoever.

4.7 Incorrect charges

If we incorrectly charge a toll or fee to your pass for a trip on our roads, we will refund that toll or fee to you within a reasonable time after:

  • you notify us of the error and we confirm it was an incorrect toll or fee, or
  • we become aware of the error.

5 Using our roads

5.1 Tolls, fees and charges

When a linked vehicle travels on our roads, and your pass is valid at the time of that travel, we charge your pass:

  • the relevant toll, plus
  • a video matching fee.

The tolls, fees and charges that apply to our roads and toll products may change from time to time.  The toll amount depends on the class of the vehicle that travels on our roads.  We may offer discounts, promotions and other special offers from time to time.  These offers are subject to change, and may be altered or discounted at our discretion.

To find out the current tolls, fees and charges, you can:

  • visit govia.com.au
  • call our Customer Contact Centre on 13 33 31, or
  • contact us on any of the other methods set out in section 13.

5.2 Refunds

If we need to pay a refund to you under this Agreement, we will generally pay it to the card which you used to make the original transaction.

6 Travelling on compatible roads

6.1 No use of pass on compatible roads

Your pass can only be used on the Transurban Queensland roads listed on govia.com.au and not on compatible roads.

7 Suspending and cancelling your pass

7.1 When your pass may be suspended

If at any time your financial institution declines our request to charge your credit card where payment is due, we may suspend your pass.    We will notify you by the contact details provided to us if your payment fails and your pass is suspended. We will reinstate your pass once payment has been made.  Alternatively, your pass may be cancelled in accordance with clause 7.2 or clause 7.4.

We may also suspend your pass if you breach this Agreement or as set out in clause 7.4.  In these circumstances, we will notify you when your pass is reinstated.  Alternatively, your pass may be cancelled in accordance with clause 7.2 or clause 7.4.

A suspension of your pass means that your rights under this Agreement are temporarily suspended.

While your pass is suspended you will need to make another arrangement for travel on our roads.  If another arrangement has not been made within three days of any travel on our roads, then we may:

  • send you a toll invoice in respect of that trip (including a toll invoice fee and video matching fee), or
  • send the registered owner of the vehicle a toll invoice in respect of that trip (including a toll invoice fee and video matching fee).

7.2 Cancelling your pass

At any time, you may ask us to cancel your pass by calling our Customer Contact Centre.  

We may cancel your pass if you breach this Agreement or as set out in clause 7.4.

You will be required to pay any outstanding amounts incurred when your pass was valid before you can cancel your pass. 

7.3 What happens when your pass is cancelled or expires

When your pass is cancelled or expires, it is no longer valid and section 3.4 will apply.

7.4 Fraud

We may suspend or cancel your pass if we reasonably believe your pass or any card linked to your pass or use of your pass:

  • is using our system to determine the validity of a credit card;
  • poses a risk to us or any third party, including the integrity, security or reliability of us or our system;
  • was obtained fraudulently or using false details; or
  • is, or may be, being used for fraudulent, illegal, dishonest or malicious purposes.

We may suspend or cancel your pass if you do not cooperate with any investigation in relation to your pass regarding suspected fraudulent, illegal, dishonest or malicious behaviour, or if you refuse to confirm your identity in response to a request made by us in connection with any suspected fraudulent, illegal, dishonest or malicious behaviour. 

For the purposes of this Agreement, fraudulent, illegal,  dishonest or malicious behaviour means dishonest activity which may cause financial loss to any persons or entity including theft of money or other property whether or not deception is used at the time.

8 Privacy

8.1 Personal information we hold

We hold electronic or other records about you and each of your tolling products. Those records include the following details:

  • the information you give us in an application or other notification (including your credit card details), and
  • all transactions linked to your pass.

8.2 How we can use and disclose your personal information

You agree that we can collect, use and disclose your personal information:

  • to complete our obligations and exercise our rights under this Agreement, and
  • in accordance with our Privacy Policy.

8.3 Our Privacy Policy

Our Privacy Policy outlines how we collect, use and disclose your personal information. It also explains how you can access the personal information we hold about you and ask us to correct it.

You can access a copy of our Privacy Policy electronically at govia.com.au or by contacting us (see section 13 for our contact details).

9 Enquiries, complaints and disputes

You should contact us about your pass or this Agreement if you:

  • have any questions
  • want to make a complaint 
  • want to raise a dispute.

You may contact us by using any of the methods set out in section 13.

Once you contact us, a customer service officer will respond to you as soon as possible.  If you’re not satisfied with the response, you can ask for the matter to be reviewed by our customer relations team.

If you are still dissatisfied with the outcome you can contact the Tolling Customer Ombudsman.  To find out more about that process, you can download the information brochure on the Tolling Ombudsman website at www.tollingombudsman.com.au or by calling 1800 145 009.

Please note the Tolling Ombudsman will only review a complaint if it has been through Transurban Queensland’s full internal complaint resolution process and is still not resolved.

10 Changes to this Agreement

10.1 How we may tell you about changes

We may change any of the terms of this Agreement by publishing the changes or a new agreement at govia.com.au.  We will also try to notify you beforehand by the contact details you have provided to us.  A summary of any changes to the terms may also be published in The Courier–Mail or any successor publication.

If you are not satisfied with any changes to the terms of this Agreement, you can cancel your pass at any time (see section 7).

11 Liability

11.1 Our liability

You may have rights as a consumer under the Australian Consumer Law.

Nothing in these terms limits or excludes our liability:

  • under the Australian Consumer Law, except to the extent we are permitted to limit or exclude our liability under the Australian Consumer Law, or
  • for personal injury or death caused by our negligence.

If we find that you have been incorrectly charged a toll or fee, our liability to you will be limited to refunding that overpaid toll or fee to you.

11.2 Use of our roads

You acknowledge and agree that:

  • we do not guarantee that our roads will always be available or that traffic flows will be uninterrupted
  • we are not aware of the purpose of your travel on our roads and you (and any person who drives a linked vehicle) are responsible for planning your journey and allowing sufficient time in case traffic is disrupted or a road is fully or partially closed, and
  • we do not guarantee that the services or our roads will be fault free or that use of the roads will be risk free.

From time to time, maintenance or other work may need to be completed on our roads.  That work may disrupt traffic flows on those roads.  We will try to minimise these disruptions.

11.3 Exclusions from liability

Except as set out in section 11.1, Transurban Queensland and the Transurban Queensland Group are not liable to you, any person who drives a linked vehicle or any other road user or any person claiming through you in relation to:

  • any loss or damage suffered as a result of any delay or disruption arising out of use or unavailability of our roads or caused during, or as a result of, use of our roads
  • any loss or damage arising out of any error or delay in processing tolls and fees and charging them to your pass (including any incorrect tolls and fees), and
  • any loss of opportunity, loss of profit, loss of revenue, loss of anticipated savings or loss that would be considered consequential or indirect, irrespective of how that loss was caused and whether arising under this contract or under another principle of law.

11.4 Assigning this Agreement

You may not assign this Agreement to any person.

11.5 Governing law

This Agreement is governed by the law of Queensland.

11.6 Severance

If any part of this Agreement is void, unenforceable or illegal, that part will be severed from this Agreement and the remainder of this Agreement will remain in full force and effect.

12 Definitions

Australian Consumer Law

The Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Class

The class of vehicle is defined in Queensland, Queensland Government Gazette, No 73, 31 March 2011, and listed at govia.com.au.  The class is used to determine the applicable toll charge for that vehicle.

Compatible road

A road, access point or facility that is not one of our roads but where we have an agreement with the operator of that compatible road, access point or facility to charge some of our products (but not the road pass) with the relevant tolls, fees and charges when a tag or a linked vehicle is detected on that road or at that access point or facility.  

Our, us, we and Transurban Queensland

Queensland Motorways Management Pty Ltd ACN 010 630 921.

Purpose of use

The purpose for which the vehicle is used (either commercial (business) or private use), as specified in your vehicle registration status with the relevant road authority in the State the vehicle is registered.

Transurban Queensland Group

Queensland Motorways Holdings Pty Limited ACN 150 265 197 and its related bodies corporate (as defined in the Corporations Act 2001 (Cth)).

Toll invoice

A toll invoice is a notice requiring payment of the relevant toll, video matching fee and a toll invoice fee.

Vehicle

A motor vehicle as that term is defined in the Transport Operations (Road Use Management) Act 1995 (Qld), and ‘linked vehicle’ means the vehicle linked to your pass.

You

The customer who applies for a pass under this Agreement.

13 Contact us

You may contact us through any of these ways:

  1. visiting govia.com.au
  2. calling 13 33 31
  3. writing to Customer Service Queensland Motorways Management Pty Ltd, PO Box 2125, Mansfield Qld 4122
  4. calling the National Relay Service on 13 36 77 and asking for 13 33 31
  5. calling the Translation and Interpreting Services on 13 14 50 and asking for 13 33 31.

14 Notices and other documents

Any demand or notice under any agreement you have with us will be served on you if:

  • it is served personally
  • it is left at the address for you in our records (if any) or your last known address to us
  • it is sent by mail to the address for you in our records (if any) or your last known address to us, if so it is deemed to have been delivered in the ordinary course of post, even if it never arrives, or
  • it is sent by facsimile transmission, email or other electronic means to any number or address you give us.

We may serve court documents on you in the same way.