Car Rental Australia Toll Roads
Because many Australian Roads are Toll Roads, and vehicles travelling on these roads are obliged by law to pay fees to the relevant Roading Authority, all Apex vehicles are fitted with an electronic toll tag. When you use a toll road the tag automatically transmits your vehicle details to the toll road operator.
If you incur a toll road charge while in an Apex vehicle then Apex will supply your details to New South Wales Government Roads and Maritime Services (RMS). This government owned company will charge the applicable toll directly to your credit card.
There is an additional administrative fee of $3.30 for each day that a toll charge is incurred. If you do not use a road toll on a particular calendar day then no administration fee is charged for that day. If you incur multiple toll charges on a particular calendar day then only one administration fee is charged.
Roads and Maritime Services Terms and Conditions
Roads and Maritime Services (ABN 76 236 371 088) (RMS), through Rental Co as RMS’ agent, offers an E-Toll Facility to You on these RMS Terms and Conditions which comprise:
- The RMS E-Toll Facility Terms and Conditions; and
- The RMS Privacy Consent and Agreement.
1. Your E-Toll Facility
(a) Your E-Toll Facility is provided by RMS to You to enable You to pay Tolls and Fees relating to the E-Toll System in accordance with these RMS Terms and Conditions.
(b) In order to use Your E-Toll Facility, You or Your Authorised Driver must travel in an Electronic Tolling Lane.
(c) You remain responsible at all times for the acts and omissions of any Authorised Driver, any other person using the Vehicle or any Authorised Representative using or operating Your E-Toll Facility, including for any Tolls and Fees they incur.
(d) A Tag may be installed in Your Vehicle as part of the E-Toll Facility. The Tag is the property of RMS. You must not use any other tag in the Vehicle or register for any other electronic or video tolling product in relation to the Vehicle. If You do use another tag or electronic or video tolling product, You will still be charged Tolls and Fees by RMS under these RMS Terms and Conditions and You may be charged other amounts by the provider of the other tag or electronic or video tolling product used.
2. Payments, Fees and Charges in Connection with Your E-Toll Facility
(a) You must pay the following amounts to RMS in connection with the use of Your E-Toll Facility: (i) all Tolls (it is Your responsibility to be aware of all Tolls payable in connection with the use of a toll road); (ii) the Service Fee for each calendar day on which the Vehicle incurs a Toll using Your E-Toll Facility (part of which is paid by RMS to Rental Co); (iii) a Processing Fee in the circumstances described in clause 5
(b); (iv) a Dishonour Fee in the circumstances described in clause 3
(c); and (v) any other costs reasonably incurred by RMS in enforcing its rights under these RMS Terms and Conditions, including any fees or charges imposed by a third party on RMS where You have refused or failed to pay any amount under these RMS Terms and Conditions.
You acknowledge that if You fail to pay any Tolls or Fees as required by these RMS Terms and Conditions, RMS may refer that failure to a Credit Reporting Agency.
3. Payment Methods and Authority
(a) You: (i) promise to RMS that You are authorised to use the Nominated Card to meet Your payment obligations under these RMS Terms and Conditions; and (ii) authorise RMS to debit amounts from, or credit funds to, the Nominated Card in respect of Tolls and Fees and other amounts payable to, or from, RMS under these RMS Terms and Conditions.
(b) RMS will debit Tolls and Fees from the Nominated Card as soon as practicable after the relevant Tolls and Fees are incurred or, where applicable, notified to RMS by a toll road operator.
(c) If: (i) there are insufficient funds available in the Nominated Card to meet Your payment obligations under these RMS Terms and Conditions; or (ii) a transaction on the Nominated Card is declined for any reason, save for: (A) the negligence of, or wilful misconduct by, RMS or any of its officers, employees or agents; or (B) an RMS systems error, You will be charged a Dishonour Fee by RMS and You (or, if relevant, the Nominated Card Holder) may be charged fees, charges and interest by Your financial institution or, if relevant, the financial institution of the Nominated Card Holder.
(d) You must ensure that You immediately provide RMS with details for an alternative Nominated Card, which can be used to meet Your obligations under these RMS Terms and Conditions, and an authority for RMS to debit the alternative Nominated Card, if: (i) the existing Nominated Card is cancelled, suspended or is otherwise not useable; or (ii) the existing Nominated Card Holder cancels Your authorisation to use the existing Nominated Card.
4. Errors in charging Tolls and Fees
(a) If RMS incorrectly credits You with, or pays to You, an amount in connection with Your E-Toll Facility RMS may recover that amount from You provided that RMS has given You 10 days prior written notice of its intention to do so.
(b) RMS will pay, within a reasonable time, any refund due to You in connection with Your E-Toll Facility by such method as RMS may reasonably choose.
5. E-Toll Facility Transaction Summary
(a) You may view a Transaction Summary without charge at any time by logging on to www.myetoll.com.au.
(b) If You request that RMS provides a Transaction Summary to You, You will be charged the applicable Processing Fee for the method of delivery elected by You (if that method is stated to be available).
6. Lost, Stolen or Malfunctioning Tags
(a) You must immediately inform Rental Co if either of the following occur: (i) the Tag is lost or stolen or You become aware that the Tag malfunctions or is in any way defective; or (ii) the Vehicle is lost or stolen.
(b) If You inform Rental Co that the Tag is malfunctioning or is in any way defective, Your E-Toll Facility will still enable You to use the E-Toll System and to pay Tolls and Fees in accordance with these RMS Terms and Conditions and You will continue to be liable for Tolls and Fees.
(c) If the Tag or the Vehicle is lost or stolen and You have immediately informed Rental Co, You will not be liable for Tolls and Fees incurred by that Tag or Vehicle from the time that You have informed Rental Co.
7. GST (Goods & Services Tax)
(a) Unless otherwise indicated, all Tolls and Fees are inclusive of GST.
(b) If GST is stated as not to be inclusive, You are liable for any GST payable.
8. General Terms & Conditions
(a) New South Wales laws govern these RMS Terms and Conditions.
(b) Unless agreed otherwise, if You, an Authorised Driver or Authorised Representative need to notify RMS of any matters or make a request in relation to Your E-Toll Facility, it must be made in writing by mail, email or facsimile. All notice details are contained on www.myetoll.com.au or You may call 131 865. Notification is effective only upon RMS’ receipt of written confirmation.
9. Definitions in these RMS Terms and Conditions
Except where the context otherwise requires:
- Authorised Driver means each Authorised Driver specified in Your Rental Agreement.
- Authorised Representative means an individual who is 18 years or older and who is authorised by You to use and access Your E-Toll Facility.
- Credit Reporting Agency means a corporation that carries on a credit reporting business.
- Dishonour Fee means a fee of $1.15.
- Electronic Tolling Lane means a Tolling Lane which is designated as permitting the payment of Tolls by electronic means.
- E-Toll Facility means the facility described in clause 1(a).
- E-Toll System means the entire system relating to electronic tolling operated by RMS, any operator of a toll road or any Tag Issuer or Pass Issuer.
- Fees means each of the fees and costs (and any taxes applicable to them) described in clauses 2(a)(ii) – 2(a)(v) inclusive of these RMS Terms and Conditions.
- GST has the same meaning as in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
- Nominated Card means a valid credit card or MasterCard or Visa branded debit card nominated by You as the source of payment for all Tolls and Fees.
- Pass Issuer means a toll road operator that uses the E-Toll System and issues, or an entity that does not operate a toll road but issues, passes or other electronic or video tolling products for the purpose of the E-Toll System.
- Processing Fee means in relation to a Transaction Summary delivered:
- (a) by mail, a fee of $5.00; or
- (b) by email, a fee of $2.20.
- Rental Agreement means the agreement entered into between You and Rental Co comprising the document titled Apex Car Rentals Australia Rental Agreement.
- Rental Co means Apex Car Rentals Pty Limited ABN 65 159 894 970.
- RMS Terms and Conditions means these Roads and Maritime Services Terms and Conditions which comprise the RMS E-Toll Facility Terms and Conditions and the RMS Privacy Consent and Agreement.
- Service Fee means a fee of $3.30.
- Tag means the RMS device installed in the Vehicle to enable the payment of Tolls by electronic means.
- Tag Issuer means a toll road operator who uses the E-Toll System and issues tags, or an entity that does not operate a toll road but issues tags for the purpose of the E-Toll System.
- Toll means all toll charges or other fees and charges imposed by the operator of a toll road for, or taxes payable in respect of, each Trip taken by the Vehicle during the period in which You have hired the Vehicle.
- Tolling Lane means a lane on a toll road at a toll collection point.
- Tolls and Fees means all Tolls and Fees and any other payments, amounts or charges referred to in these RMS Terms and Conditions.
- Transaction Summary means a summary of the transactions (including the Tolls and Fees incurred) on Your E-Toll Facility.
- Trip means the driving of a Vehicle past a toll collection point.
- Vehicle has the same meaning given to that term in Your Rental Agreement.
- You or Your refers to the person(s) who have agreed to be bound to these RMS Terms and Conditions and with whom the Rental Agreement is made.
(a) Headings are for convenience only and do not affect interpretation. Any use of the singular includes the plural and the converse applies. A gender includes all genders.
(b) Any reference to dollars and $ is to Australian currency.
(d) A reference to a person includes any type of entity or body of persons, whether or not it is incorporated or has a separate legal identity.
I have read, understood and agree to be bound by these RMS Terms and Conditions, including the obligation to pay RMS a Service Fee of $3.30 for each calendar day on which the Vehicle incurs a Toll.
RMS Privacy Consent and Agreement
Consents given by You
1. In exchange for RMS providing the E-Toll Facility, You consent to and authorise: (a) collection of E-Toll Information by any Authorised Information Recipient from any person (including from Rental Co and from video and/or camera surveillance of toll roads conducted by RMS or third parties for traffic management or toll violation enforcement purposes); (b) use and disclosure of E-Toll Information by and to Authorised Information Recipients for the Permitted Purposes; (c) disclosure of E-Toll Information in online accounts accessible to any person with access to Your Agreement Number and surname; and (d) disclosure of E-Toll Information to persons outside Australia for the Permitted Purposes on the basis that RMS is not required to ensure that any overseas recipient complies with the Privacy Laws.
Promises made by You
2. You promise that: (a) prior to disclosing any information to RMS or Rental Co about an Individual, You have obtained their consent to the matters in clause 1 of this RMS Privacy Consent and Agreement; and (b) all information You provide to RMS about You or any Individual is or will be accurate, complete and up-to-date, and will not be false or misleading.
- Agreement Number means a unique agreement number provided to You by Rental Co or by RMS in connection with the Rental Agreement.
- Associated Contractors means RMS’ suppliers, agents, distributors and contractors in relation to any Permitted Purposes.
- Authorised Information Recipient means RMS, Rental Co and each Authorised Driver, Authorised Representative and Intended Recipient.
- Clearing House means any person who operates a clearing house for operators of toll roads, or Tag Issuers or Pass Issuers or any combinations of these.
- E-Toll Information means any information relating to You or Your E-Toll Facility, Vehicle, the location of a Tag or Vehicle at any time, the direction of travel, or video and/or camera surveillance operated at toll roads. E-Toll Information may include Personal Information about: (a) You; or (b) any Individual, including a name, address, phone number, email address, drivers licence number, date of birth, Vehicle hire and usage information, billing or financial information, Rental Agreement, Nominated Card and other Personal Information contained in video and/or camera surveillance of toll roads for traffic management or toll violation enforcement purposes conducted by RMS or obtained by RMS from third parties.
- Individual means any individual, including any Authorised Driver, Authorised Representative, and Nominated Card Holder.
- Intended Recipients means the following parties both within and outside NSW: (i) Credit Reporting Agencies; (ii) Associated Contractors; (iii) Tag Issuers; (iv) Pass Issuers; (v) any bank, financial institution or Clearing House; (vi) RMS’ professional advisers including legal advisers, accounting advisers and other professional advisers; (vii) driver licensing and vehicle registration agencies, law enforcement agencies, public revenue authorities, road safety authorities and solicitors in relation to motor vehicle accidents; (viii) owners and other operators of toll roads; and (ix) persons providing services to any of the entities set out in (i) to (viii).
- Permitted Purposes means any one or more of: (a) facilitating the use of and carrying out functions and activities relating to: (i) tolls and their enforcement; (ii) the E-Toll System; (iii) any cashback system; (iv) Your E-Toll Facility and Tags; (v) verification of Your Rental Agreement (including verifying the details of a Nominated Card Holder); (vi) obtaining feedback about the E-Toll System and Your E-Toll Facility; and (vii) analysing information relating to traffic conditions, travel times and road usage and disclosing aggregate information (including to the public); (b) auditing of the E-Toll System; (c) law enforcement; (d) the enforcement of a law imposing pecuniary penalty; (e) the protection of the public revenue; (f) road safety; (g) release of information to solicitors acting as agents for their clients in relation to motor vehicle accidents where RMS is compelled to do so by a court order; (h) obtaining advice and professional services on a confidential basis; (i) market research and statistical analysis; (j) other purposes related or incidental to the purposes listed above; and (k) such other purposes as are permitted by Privacy Laws, in each case both within and outside NSW.
- Personal Information means information or an opinion (including information or an opinion forming part of a database and whether or not recorded in a material form) about an individual whose identity is apparent or can reasonably be ascertained or is reasonably identifiable from the information or opinion and any other information subject to the Privacy Laws.
- Privacy Laws means the privacy laws which apply to RMS from time to time, including the Privacy and Personal Information Protection Act 1998 (NSW) for so long as it applies to RMS and any other current or future legislation, mandatory codes and policies relating to the handling of Personal Information which apply to RMS. Other capitalised terms in this RMS Privacy Consent and Agreement have the meaning given in the RMS E-Toll Facility Terms and Conditions. Clause 10 of the RMS E-Toll Facility Terms and Conditions applies to the interpretation of this RMS Privacy Consent and Agreement.