Traveller Terms

AGREEMENT between ROAM AND THE TRAVELLER

1. Agreement

Depending on your location, your agreement is with Roam Global Travel LLC or Roam Payments Ltd (together hereinafter called “Roam“, “we” or “us”). We draw your attention to the following terms and conditions, which cover all bookings made through Roam. These terms and conditions form a legally binding agreement between you and Roam and should be read carefully. Reference herein to “this Agreement” means these terms and conditions.
The Services that we provide are as follows: To connect Travellers to Travel Providers through our online platform, in terms of which, such Travellers are able to purchase Tourism Products offered to them by Travel Providers. We have been authorised by Travel Providers to sell their Tourism Products in our capacity as Merchant of Record (the “Services”). As a result, you will be contracting with Roam for any purchases made by you.
You hereby acknowledge and accept that notwithstanding that the Tourism Products are being sold to you via the Services, the Travel Provider is the party who will supply or deliver the Tourism Products to you. IN RELATION TO YOUR PURCHASE OF TOURISM PRODUCTS, WE THEREFORE DRAW YOUR ATTENTION PARTICULARLY TO CLAUSE 7 BELOW (INDEMNITY AND LIMITATION OF LIABILITY). The provisions in clause 7 may limit the risk or liability of Roam, may create risk or liability for you; and/or may compel you to indemnify Roam and/or serves as an acknowledgment by you of a fact.
In addition to this Agreement, you will also be subject to the separate terms and conditions of the Travel Provider (which governs the terms relating to the Tourism Products offered by the Travel Provider) (“Travel Provider Terms”), hereinafter collectively referred to as the “Booking Terms”. Before confirming a Booking with us you must acknowledge that you have read and accept the Booking Terms by ticking “agree”. In the event of any conflict, ambiguity or inconsistency between this Agreement and the Travel Provider Terms, the provisions of this Agreement shall prevail to the extent of the conflict.
If you are under the age of 18, you may not transact with Roam. Please have your parent or guardian complete the desired transaction.
The lead name used in the Booking is liable for making full payment for all persons in the booking party and represents and warrants that they are authorised to bind all those in the booking party to the Booking Terms (including anyone added or substituted at a later stage). It is the responsibility of the lead booking name to ensure all persons in their party are aware of and have read the Booking Terms.

2. Definitions

In the Booking Terms, unless the context indicates a contrary intention, the following words and expressions bear the meanings assigned to them and cognate expressions bear corresponding meanings:

Booking means a confirmed agreement for the purchase of Tourism Products and fulfilment of a Booking shall mean the day after the date of the last Tourism Product purchased under the Booking;
Funds means the monies paid to Roam by you under the Booking for Tourism Products;
Tourism Products means services and products purchased which may include (but is not limited to) tickets for travel, transfers, accommodation, excursions or activities;
Traveller means the lead passenger as detailed in the Booking, and “you” shall mean the same thing; and
Travel Provider means the third party that is responsible for the delivery and fulfilment of Tourism Products with respect to your Booking.

3. Payment of Funds

Roam has been appointed by the Travel Provider as a non-exclusive seller of their Tourism Products.
Your payment will be processed by Roam. We will only process your order once we have: a) verified and authenticated your payment information and b) confirmed such order, which we are entitled to do at our sole discretion.
Billing: Where you make payment by card, the charges to your account for your order will appear on your statement referencing “ROAM”.
Card Disputes: You can dispute charges with card companies via a chargeback. If you have a question about a charge on your card statement, you agree to contact Roam prior to disputing a charge with your card company to discuss any questions or concerns about the charges. We will work with you to resolve any concerns. We retain the right to dispute any chargeback that we believe is improper and retain the right to cancel any Booking in the event of a chargeback related to that Booking.

4. Your Responsibilities, Acknowledgements and Warranties

Please carefully read your confirmation invoice and all other Booking documentation as soon as you receive it. Contact us immediately if any information appears to be incorrect as it may not be possible to make changes later. You will be responsible for any costs and expenses involved in rectifying any inaccuracies except where we made the mistake.
You must ensure that your travel documents, passports, visas and vaccination certificates are in order and that you ensure that you have taken the advice of your primary care physician with regard to inoculations and vaccinations.
You must also ensure that you comply with all other requirements as directed by your Travel Provider in connection with your Booking and Roam and/or the Travel Provider does not accept liability and neither Roam and/or the Travel Provider will be liable for credit or refund should you fail to take up any component of your travel or if you lose any travel documents and/or fail to meet your obligations as set out above in clauses 4.1 and 4.2.
You hereby warrant to Roam that you have carefully read the Traveller Terms applicable to the Tourism Product/s purchased by you and acknowledge that you are aware of the terms thereof including any risks and/or specific requirements applicable to the Tourism Product. You hereby warrant to Roam that you have satisfied yourself of your suitability and those of any person/s under your Booking to undertake the activities that are included in the Tourism Products purchased by you.
You hereby warrant to Roam that you are aware and accept that it is the Travel Provider who provides the Tourism Products and carries out all of the operations, activities and services relating to the Tourism Products purchased by you, and that Roam has no control over the Travel Provider and/or its operations, and/or other factors that are outside of Roam’s control, including but not limited to wars, threat of or preparation for war, terrorist attacks, armed conflict, imposition of sanctions or embargo, strikes, pandemics, other Acts of God such as floods, drought, earthquake or other natural disasters, any action taken by a government or public authority, explosion, accident or fire, labour or trade strikes or disputes, non-performance by suppliers, interruption of utilities, epidemic or pandemic (whether or not officially declared) (each a “Force Majeure Event”), and/or any delays, failures, loss of damages which you may suffer due to or resulting from such Force Majeure Event/s.
Awareness of Hazards, Risks and Dangers: You hereby warrant to Roam that you acknowledge, are aware of and appreciate: (i) the real hazards and risks associated with wildlife areas, game and nature reserves and game lodges (which may be situated in unfenced wildlife areas); (ii) the hazards and risks associated with rivers, streams, lakes and other bodies of water that may be affected by unpredictable weather, tides and other circumstances, and that may not have effective warning or control systems that might be expected in developed-world jurisdictions; (iii) the real dangers and risks associated with various forms of travel in remote locations, which may have poorly maintained infrastructure; (iv) the danger and risk of suffering bodily harm, injury, illness, death, damages as well as loss of or damage to property, which may arise as a result of an encounter with or presence of wild, dangerous or unpredictable animals, as well as the prevalence of communicable, tropical and other diseases , and similar health hazards; (v) the risks associated with undeveloped or partially developed countries and jurisdictions, including acts of terrorism, the unavailability of reliable electricity and communications, and problems associated with limited or unavailable health, safety and security services; and that you travel voluntarily and participate in activities, and make use of services and facilities entirely at your own risk.
Travel Insurance: Comprehensive and adequate travel, cancellation, curtailment and health/ medical insurance is a condition of travel, and all insurance arrangements and the cost thereof is your sole responsibility.

5. Protection of Personal Data

Roam shall comply with applicable laws relating to data protection and privacy for your personal data, data and electronic communications and transactions. Our Privacy Policy is available at www.roam.global/privacy-policy

6. Traveller Complaints, Cancellations and Refunds

All issues must be reported in accordance with these terms and conditions, failing which you will not have any form of redress against Roam. You can contact our customer service team at hello@roam.global
Complaints: If you have a dispute with regard to the quality of the Tourism Products or if you have a dispute with regard to any non-fulfillment, partial non-fulfillment or other issue with a Booking then Roam will take action to mediate a satisfactory settlement between you and the Travel Provider.
Cancellations & Refunds: If all or part of the Tourism Products in a Booking are cancelled or due a refund, the cancellation and refund policy, below will apply.
- The following cancellation charges apply, irrespective of property or lodge and should be used as the basis for a holding deposit:
  - Confirmation date-46 days prior: 30% cancellation
  - 45-31 days prior: 50% cancellation
  - 30-8 days prior: 75% cancellation
  - 7-1 days prior: 100% cancellation
- There may be some services on a booking which require full payment or a deposit at time of confirmation. These include, but are not limited to, scheduled flights, Festive Season deposits and extraordinary property deposits.
- These are payable on receipt of invoice and are non-refundable, and these deposit payments are over and above the cancellation policy stated above. No refund will be made for no-shows or unused services whilst travel is under way.
Refund Process: Should you be eligible for a refund due to a Complaint or a Cancellation (a “Claim”), Roam will reimburse you the Funds owing to you within a commercially reasonable time. This refund will be made using the same payment method and currency of the original payment. Once this refund offer has been accepted by you this will immediately close the Claim. Note that refunds are subject to compliance by you at all times with these terms and conditions. You shall not be entitled to any other compensation from Roam.

7. Disclaimer, Indemnity and Limitation of Liability

Disclaimer of Warranties: Roam provides its Services and platform on an “As Is” and “As Available” basis. Roam makes no representations or warranties of any kind, express or implied, as to the information or content displayed on or accessible via Roam. You expressly agree that your use of the Roam platform is at your sole risk. You acknowledge and accept that Roam provides the Services but in respect of the Tourism Products, Roam is a seller of such products and does not warrant or guarantee the Tourism Products and does not make any representations about or on behalf of the Tourism Products and/or the Travel Provider providing such Tourism Products. Roam shall not be in any way liable to you for any actions, omissions and/or failures of the Travel Provider, and/or in respect of any alleged or actual defects or failures in the Tourism Products. Roam further does not warrant accuracy, reliability, or completeness of any product images, descriptions or specifications provided at any Travel Provider’s website or in their materials.
When you purchase a Booking, you agree that the Travel Provider is solely responsible for the fulfilment of Tourism Products purchased. Roam does not employ, recommend or endorse any agent and has no control over the acts or omissions of any agent; (ii) is not responsible or liable in any manner for the conduct of any Travel Provider, agent or other third parties; (iii) makes no representations or warranties about your interactions or dealings with any Travel Provider or agent; and (iv) does not screen agents or automatically conduct any kind of identity or background checks. Roam hereby expressly disclaims, and you hereby expressly release Roam from, any and all liability of whatsoever nature howsoever arising on the indemnity basis set out in clause 7.4 below, for any controversies, Claims (as defined in clause 7.4), suits, injuries, loss, harm, insolvency or damages arising from or related to your interactions or dealings with Travel Provider and/or agents.
Roam indemnifies you for your damages resulting from a breach of this Agreement by Roam where caused by our gross negligence or willful misconduct.
Save for for the indemnity in clause 7.3 above, Roam, its subsidiaries, the respective members, directors, representatives, officers, employees, affiliates and their respective successors, assigns and its suppliers (“Indemnified Parties”) who will not be liable for, and the Travel Provider hereby holds harmless and indemnifies the Indemnified Parties against any claims, damages, demands, actions, suits, settlements, judgments, losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by Roam arising out of or in connection with, of or by a third party or whether or not involving a claim by a third party), actually or allegedly, directly or indirectly (collectively, Claims”), arising in out of or related to, arising in connection with: (i) a failure or breach by Roam, (ii) any failures or defects of whatsoever kind, howsoever arising in the Tourism Products, or any portion or part thereof including but not limited to, any risks related to the Tourism Products, any injury, delays, postponement, cancellation, or changes to any trip/journey forming part of a Tourism Product, the insolvency or liquidation of any Travel Provider or its agents or third party appointed by such Travel Provider, or (iii) failures or delays of Roam’s suppliers; (iv) your breach or violation of any covenant, warranty or other obligation in owing by you in terms of this Agreement, (v) losses relating to Force Majeure events; (vi) or any third party Claims which arise out of, relate to or result from the Services, in each case whether or not caused in whole or in part by the Indemnified Parties’ negligence, and whether or not the claim has merit. Notwithstanding anything to the contrary in these terms and conditions, nothing in these terms and conditions excludes or limits any liability to you where it would be unlawful to do so. This includes (if applicable) liability for death or personal injury, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law. For the sake of clarity, you acknowledge that to the greatest extent permitted by applicable law, Roam cannot be held liability for death or personal injury caused by the Tourism Products and/or Travel Provider, and you (and your successors and assigns) hereby fully indemnify and hold harmless the Indemnified Parties in respect of any death or injury related resulting from your use of the Tourism Products or the actions or omissions of the Travel Provider.
Notwithstanding anything to the contrary in these terms and conditions, but subject to the clause 7.3 above, the Indemnified Parties shall not be liable for punitive damages, indirect damages, consequential damages, loss of profits, third party claims or any claims imposed on you by laws or statutes anywhere in the world, to the greatest extent permitted by applicable law. The Indemnified Parties shall not be liable for any damages, losses or other amounts that you have agreed, settled or compromised without the prior written consent of Roam, or which you are otherwise contractually bound to pay to any other person or entity, in each case to the greatest extent permitted by applicable law.
To the greatest extent permitted by applicable law, the Indemnified Parties will not be held liable for any loss or damage caused by a computer virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data (including personal data) or other proprietary material due to your use of Roam Services or due to you downloading any content on or through it or on any website linked to it.
Subject to this clause 7, the total aggregate liability to you for all losses incurred and arising under or in connection with this Agreement in relation to any booking shall be limited to the amounts actually paid by you and received by Roam.

12. Governing Law and Jurisdiction

These terms and conditions (Agreement) and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

13. Contact Us

If you have any questions about these Traveller Terms (v1.6) please contact us at hello@roam.global.