Toll credit 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 pre-paid go via toll credit 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 the vehicle which is linked to that pass, which we refer to as ‘the vehicle’.

2.2 Your rights and obligations

  • your obligation to purchase a pass with sufficient value to cover your entire journey 
  • your right to travel on our roads 
  • your obligation to drive lawfully on our roads.

2.3 Our rights and obligations

  • our right to charge tolls and fees to your pass when the linked vehicle is used on our roads and to take action if you don’t meet your obligations 
  • our right to record and use the personal information you give us so we can correctly process your tolls and fees 
  • our obligation to treat your personal information in accordance with our Privacy Policy.

3 Your pass

3.1 Buying a pass

You can buy a pass at one of our participating retailers.

When you buy a pass at a retailer, you will be charged a retail service fee in addition to the standard cost of the pass.  Visit govia.com.au for a list of retailers.

3.2 Acceptance of these terms and conditions

When you buy a pass in person at one of our participating retailers, you accept these terms and conditions by paying for that pass.

3.3 When your pass starts and ends

By default, your pass starts when you buy it (default start date) and ends 90 days after the start date (default end date).  However, you can nominate a start date for your pass that is up to three days before the date you buy the pass. 

Your pass ends when the first of these things happen:

  • all of the pass value is used, or
  • the end date occurs.  

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.

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 buy a new pass or make another arrangement to pay each toll incurred within three days of travel.

If the 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 the vehicle will receive a toll invoice (including a video matching fee and a toll invoice fee) from us. 

3.5 Pass value

You select the value of your pass using pre-set dollar amounts to cover your trips.  To find out more, you can:

  • visit govia.com.au 
  • call our Customer Contact Centre on 13 33 31.

3.6 Unused value

Any unused value on the pass will be lost at the end date.  You can’t transfer the unused value to a new pass or other tolling product.  We don’t refund any unused value to you.

3.7 Linking a vehicle to your pass

You must give us the details of a vehicle that you want to link to your pass.  You need to make sure all details on your pass are correct at all times.

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

Only one vehicle can be linked to your pass. 

3.8 Correct details

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

If the details for the vehicle are wrong or change, then you can ask us to update those details by calling our Customer Contact Centre on 13 33 31. 

If we don’t have the correct details for the vehicle (especially the licence plate details) and that vehicle travels on our roads, then we will not be able to identify the vehicle as linked to your pass and if this occurs we will not be able to charge your pass, and instead section 3.4 will apply.

3.9 Online access to the balance of your pass 

You can view the balance of your pass by logging onto your pass at govia.com.au and clicking on the ’Check my pass balance’ link.  When prompted, you need to enter the voucher number as provided by the participating retailer to access the information.  You can also ask for your balance by calling our Customer Contact Centre on 13 33 31.  

Please allow up to seven business days for the tolls and fees to be processed on the pass.

4 Paying for your tolls

4.1 How we charge 

For 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 and fees when there is more than one valid tolling product 

The vehicle may be associated with more than one valid tolling product (eg, an account and a go via road pass) when it travels on our roads.  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 Incorrect charges

If we incorrectly charge a toll or fee to your pass, 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 and fees

When the 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 and fees 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 and fees, 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 12.

5.2 No use of pass on compatible roads

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

6 Suspending or cancelling your pass

6.1 Ways your pass may be cancelled

Your pass may be cancelled before it would usually end if you ask us to cancel it, by calling our Customer Contact Centre on 13 33 31. 

We may cancel your pass if you breach this Agreement or as set out in clause 6.3.

6.2 After your pass is cancelled

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

6.3 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.

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).

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.

7 Privacy

7.1 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, and
  • all transactions linked to your pass.

7.2 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.

7.3 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 12 for our contact details). 

8 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 12.  Once you contact us, a customer service contact 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.

9 Changes to this Agreement

9.1 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 if you have provided contact details 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 6).

10 Liability

10.1 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.

10.2 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 the 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. 

10.3 Exclusions from liability

Except as set out in section 10.1, Transurban Queensland and the Transurban Queensland Group are not liable to you, any person who drives the 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.

10.4 Assigning this Agreement

You may not assign this Agreement to any person.

10.5 Governing law

This Agreement is governed by the law of Queensland.

10.6 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.

11 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 toll credit 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 Limited ACN 150 265 197 and its related bodies corporate (as defined in the Corporations Act 2001 (Cth)).

Retailer

A store where you can buy a pass. Visit govia.com.au for a list of retailers.

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 ‘the vehicle’ means the vehicle linked to your pass.

You

The customer who purchases a pass under this Agreement.

12 Contact us

You may contact us through any of these ways: 

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