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Traveller Terms

Traveller Terms

Our agreement with you

1   AGREEMENT

1.1     Your agreement is with Roam Payments Ltd and its affiliates (together hereinafter called “Roam Payments“, “we” or “us”). We draw your attention to the following terms and conditions, which cover all bookings made with your Travel Provider. We provide the Services as defined in this Agreement, the purpose of which is to process payments made by you when purchasing Tourism Products from your Travel Provider in a currency and price of your choosing. We have been authorised by your Travel Provider, as their agent, to negotiate and conclude the sale of their Tourism Products and we will be Merchant of Record for any payments made by you using Roam Payments.

1.2     Any contract with Roam Payments is subject to both these terms and conditions AND the terms and conditions of the Travel Provider (hereinafter referred to as the “TP Terms”). Before confirming a Booking with us you must ensure that you have read and understood these booking conditions (raising any queries you may have with us in writing) and the TP Terms. By clicking “agree” you are accepting the terms and conditions laid out below AND the TP Terms and acknowledging that you have read both sets of terms and agree with them. If you do not accept these terms and conditions, the Travel Provider and Roam Payments will not be able to complete your purchase.

1.3     If you are under the age of 18, approval of your parent or guardian is required to transact with Roam Payments.

1.4     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 he/she is authorised to bind all those in the booking party to these terms and conditions (including anyone added or substituted at a later stage). It is the responsibility of the lead booking name to ensure all in their party are aware of and have read these terms and conditions.

1.5     You understand and agree that Roam Payments is not a party to any agreements entered into between you and the Travel Provider. We accept no responsibility for the Tourism Products or delivery thereof and shall not be liable for any breach of any booking made with the Travel Provider, or misrepresentation, negligence or other fault or failure by or on the part of the Travel Provider or any third party supplier.

 

2   DEFINITIONS

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

2.1     Booking means a confirmed agreement between you and the Travel Provider for Tourism Products and fulfillment of a Booking shall mean the day after the date of the last Tourism Product purchased under the Booking;

2.2     Funds means the monies paid to Roam Payments by you under the Booking for Tourism Products;

2.3     Tourism Products means services and products purchased which may include (but is not limited to) tickets for travel, transfers, flights accommodation, excursions or activities;

2.4     Traveller means the lead passenger as detailed in the Booking, and “you” shall mean the same thing; and

2.5     Travel Provider means the third party with whom you contract with respect to your Booking for Tourism Products.

 

3   SERVICES

3.1     The Travel Provider makes Roam Payments available to you for the processing of payments relating to your Booking of Tourism Products at a price and in a currency selected by you. 

3.2     We act as the agent for the Travel Provider for the purpose of negotiating and concluding Bookings and accepting payments for Tourism Products from you on behalf of the Travel Provider. 

 

4   PAYMENT OF FUNDS

4.1     You acknowledge and agree that by paying Roam Payments in respect of a Booking made with the Travel Provider: a) this constitutes settlement of your debt to the Traveller Provider and contractually binds you to the purchase of their Tourism Products and b) Roam Payments is authorised to deal with such funds, to release funds to Travel Provider and to issue reimbursements in accordance with these terms and conditions. 

4.2     Your payment will be processed by Roam Payments and not the Travel Provider. Roam Payments will only process your order once it has: a) verified and authenticated your payment information and b) confirmed such order, which it is entitled to do in its sole discretion. 

4.3     You acknowledge and agree that no contract will exist between you and the Travel Provider until you have accepted these terms and conditions and your payment has been processed by Roam Payments.

4.4     Roam Payments shall be entitled in its sole discretion to refuse its Services. 

4.5     Billing: Where you make payment by card, the charges to your account for your order will be referenced

in the name of Roam Payments and your Travel Provider.
4.6     Refunds: Your order is subject to Roam Payments’ refunds terms set out in clause 10 below. Should Roam Payments authorise a refund, you will be reimbursed for the original sales price of returned products within the refund policy terms.

4.7     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 Payments 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 and shall be entitled to charge an administration fee to cover the costs we incur in that regard. 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. By using Roam Payments to make a payment of your Booking with your Travel Provider, you accept and agree to the relevant cancellation policy of that Travel Provider.

 

5   TRAVEL PROVIDER RESPONSIBILITIES

5.1     The Travel Provider is responsible to you for the fulfillment of your Booking and performance of its services in relation to such booking.

5.2     The Travel Provider is ultimately responsible for questions and complaints about your booking. Roam Payments may handle and process your initial queries and/or complaints, in line with clause 8 of these terms and conditions but such complaints or disputes will be referred to the Travel Provider as deemed necessary by Roam Payments. 

 

6   YOUR RESPONSIBILITIES

6.1     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.

6.2     You must ensure your travel documents, passports, visas and vaccination certificates are in order and that you ensure you have taken the advice of your primary care physician with regard to inoculations and vaccinations. You will also ensure that you comply with all other requirements as directed by your Travel Provider in connection with your Booking and Roam Payments and/or the Travel Provider does not accept liability and will not be liable for credit or refund should you fail to take up any component of your travel or if you lose any travel documents. 

6.3     Awareness of Hazards, Risks and Dangers: 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, an d 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.

6.4     Travel Insurance: Comprehensive and adequate travel, cancellation, curtailment and health/ medical insurance is a condition of travel and all insurance arrangements and fees are your sole responsibility. You agree to arrange your own insurance with a reputable insurer, with protection for the full duration of the Booking. The Travel Provider reserves the right to cancel your travel at any time should such a policy not be taken out by you.

 

7   PROTECTION OF PERSONAL INFORMATION

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

  

8   TRAVELLER DISPUTES, COMPLAINTS AND CLAIMS

8.1     All issues must be reported in accordance with these terms and conditions, failing which you will not have any form of redress against Roam Payments. 

8.2     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 (a “Traveller Claim”) then Roam Payments may (but we are not obligated to) take such action as Roam Payments may in its sole discretion deem to be reasonable to assist you in mediating a satisfactory settlement with the Travel Provider. Note that Roam Payments reserves the right to charge you an additional fee for the mediation of a Traveller Claim. 

8.3     Refunds: Should you be eligible for a refund in accordance with the refund policy as laid out in the TP Terms, Roam Payments will, upon receiving written instruction from the Travel Provider, reimburse you all or part of the Funds on behalf of the Travel Provider within a commercially reasonable time. Once this refund offer has been accepted by you this will immediately close the Traveller 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 Payments.

 

9   INDEMNITY AND LIMITATION OF LIABILITY

9.1     Disclaimer of Warranties: Roam Payments provides its Services and platform on an “As Is” and “As Available” basis. Roam Payments makes no representations or warranties of any kind, express or implied, as to the products or operation of Roam Payments or the information or content displayed on or accessible via Roam Payments. You expressly agree that your use of Roam Payments is at your sole risk. Roam Payments 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.

9.2     When you purchase a Booking arranged via your Travel Provider, you agree that the Travel Provider is solely responsible for such Booking, and save as specifically provided in these terms and conditions, you will look solely to the Travel Provider to resolve any disputes you may have regarding the booking. Roam Payments 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 the quality of the services provided by any Travel Provider or agent or 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 Payments hereby expressly disclaims, and you hereby expressly release Roam Payments from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from or related to your interactions or dealings with Travel Provider or agents. Your Travel Provider or agent may require you to agree to their own terms and conditions. In the event of any conflict, ambiguity or inconsistency between this contract and the terms and conditions specified by your Travel Provider or agent, the provisions of this contract shall prevail.

9.3     Roam Payments indemnifies you for your damages resulting from a breach of this contract by Roam Payments caused by our gross negligence or willful misconduct. Except for this indemnity, Roam Payments and its suppliers will not be liable to you for any damages, losses or liabilities incurred arising from or in connection with use of Roam Payments or a breach of this contract by Roam Payments. 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.

9.4     Notwithstanding anything to the contrary in these terms and conditions, but subject to the paragraph above, Roam Payments and suppliers 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. Roam Payments and suppliers 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 Payments, 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.

9.5     Roam Payments shall not be held liable for loss or damage caused by defects in Travel Provider or supplier products, or the acts or omissions of Travel Provider, suppliers and other third parties; Roam Payments 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 or other proprietary material due to your use of Roam Payments service or due to you downloading any content on or through it or on any website linked to it.

9.6     Subject to the rest of this clause 9, the total aggregate liability to you for all losses incurred and arising under or in connection with this contract in relation to any booking shall be limited to the amounts actually paid by you and received by Roam Payments.

 

10   INTELLECTUAL PROPERTY

You acknowledge that all content included in the Travel Provider checkout and Roam Payments, such as software, object code, source code, text, graphics, logos, button icons, images, audio clips, and digital downloads, is the property of Roam Payments, and Travel Provider, as the case may be. All designs, graphics, logos, page headers, button icons, scripts, and service names are trade-marks or registered trade-marks of either Travel Provider or Roam Payments, as may be applicable in relevant countries. Such trademarks may not be used without the prior written authorisation of Roam Payments or Travel Provider, as may be applicable.

 

11   GOVERNING LAW AND JURISDICTION 

11.1     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.

11.2     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).


Version 1.3 – Published on 01 January 2023