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 (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:
(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.
(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.
(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.
(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.
(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).
(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.
(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.
(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.
Except where the context otherwise requires:
(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.
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.
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.