Terms of Business

Roamly UK Ltd

Terms of Business

These Terms explain the insurance services we provide, how we are paid, how your money is protected and what to do if you need help or wish to complain. Please read them before asking us to arrange cover and keep a copy for your records.

1. About Us

Roamly UK Ltd (Roamly, we, us or our) is an insurance intermediary registered in England and Wales under company number 15613204. Our registered office is 3rd Floor, 1 Ashley Road, Altrincham, Cheshire, WA14 2DT.

Roamly UK Ltd (FRN 979796) is an appointed representative of Richdale Brokers and Financial Services Ltd (Richdale), which is authorised and regulated by the Financial Conduct Authority (FCA). Richdale accepts responsibility for our regulated activities in arranging insurance within the scope of our appointment as its appointed representative. You can check our status and Richdale’s details on the Financial Services Register at https://register.fca.org.uk.

2. Our Agreement

These Terms govern the insurance arranging and administration services we provide to you. By asking us to arrange insurance after receiving these Terms, you agree to them.

Your insurance policy is a separate contract with the insurer. Its wording, schedule, certificate and any endorsements explain who is insured and the cover provided, including the exclusions, conditions, excesses and insurer charges.

References to “you” mean the person or business using our services. If you act on someone else’s behalf, you must have their authority to give instructions and provide their information. The policy documents identify the policyholder and anyone else covered; being insured as a renter or driver does not, in itself, make that person the policyholder.

3. Our Service

We arrange motor insurance for UK-based customers, including businesses and individuals, subject to the insurer’s eligibility and underwriting requirements. The products available through us include off-rental cover for cars. Cover is for use within the United Kingdom; do not assume that use outside the United Kingdom is insured.

Off-rental cover concerns use between rentals. The quotation and policy documents specify which cover you are buying, who is insured and when cover applies. Where a rental platform provides separate insurance, its cover and responsibilities are governed by its own insurance documents. Our policy does not automatically replace or extend that insurance.

We offer insurance exclusively through ERS (Syndicate 218 at Lloyd’s). We do not search the market or offer a choice of insurers. The precise identity of the underwriting insurer is set out in your policy documents.

We provide an execution-only, non-advised service across all sales channels. We give information about the product available but do not provide advice or a personal recommendation. You decide whether to buy the policy. This does not remove our responsibility to identify your demands and needs and ensure that any policy we propose is consistent with them.

Within our delegated authority, we act on behalf of the insurer when quoting, confirming cover, issuing documents and processing policy changes. Matters outside that authority must be referred to the insurer. We do not assess or settle claims. Holding premiums through Richdale as client money is a separate arrangement, explained in section 8.

We have no direct or indirect holding of 10% or more of the voting rights or capital in an insurer. No insurer or its parent undertaking has a direct or indirect holding of 10% or more of the voting rights or capital in us.

4. Understanding your Requirements

Before arranging insurance, we will ask questions to establish your insurance demands and needs and assess eligibility for the product. We will provide you with a statement of demands-and-needs before your purchase. Please check it and tell us if it does not accurately reflect your requirements.

We will give you information about the available cover and its significant limitations so you can make an informed decision. Please pay particular attention to permitted drivers and uses, rental arrangements, geographical limits, excesses, security requirements and exclusions. If the product does not meet your requirements, please do not proceed on the assumption that it provides different or additional cover.

5. Information you provide

Please give accurate and complete answers to the questions asked and check any statement of fact or application summary before proceeding. Tell us promptly if an answer is incorrect or you do not understand a question. The duties below depend on the purpose for which you obtain insurance, not simply on whether you are an individual or a company.

Consumer Insurance

If you are an individual taking out insurance wholly or mainly for purposes unrelated to your trade, business or profession, you must take reasonable care not to make a misrepresentation. This includes answering the insurer’s questions honestly and with reasonable care when applying, renewing or requesting a change. You are not subject to a general duty to volunteer information that has not been asked for.

If you fail to take reasonable care and the insurer would have acted differently had it known the true facts, the remedies depend on the circumstances. For a careless misrepresentation, the insurer may apply different terms, reduce a claim proportionately or avoid the policy and return the premium if it would not have insured you. For a deliberate or reckless misrepresentation, it may avoid the policy, refuse claims and retain the premium except where retaining it would be unfair. These remedies are subject to the Consumer Insurance (Disclosure and Representations) Act 2012.

Business Insurance

If you take out insurance for business purposes, you must make a fair presentation of the risk under the Insurance Act 2015. This requires disclosure of every material circumstance you know or ought to know, or sufficient information to put a prudent insurer on notice that it needs to make further enquiries. Information must be reasonably clear and accessible, material factual statements substantially correct, and statements of expectation or belief made in good faith.

Material circumstances are one that would influence a prudent insurer’s decision whether to provide cover or on what terms. You must carry out a reasonable search for relevant information, including information held by people responsible for your insurance and, where applicable, senior management. If you are unsure whether something is material, please ask us.

Failure to make a fair presentation may allow the insurer to avoid the policy, apply different terms or reduce a claim, depending on the breach and what the insurer would otherwise have done. Deliberate or reckless breaches can result in avoidance without a premium refund.

Changes during the policy

You must notify us of changes that your policy requires you to report, within the timescales specified in the policy. Some changes need approval before they take effect. We will explain any resulting change to cover, premium or insurer charges. The relevant consumer or business duties also apply at renewal and when varying your insurance.

6. Quotations and starting cover

A quotation is based on the information supplied and any checks permitted by law. It is valid for the period stated and may change if the information, requested cover or underwriting position changes. A quotation or submitted application does not itself confirm insurance.

Cover starts only when it has been accepted and confirmed, at the date and time shown in your cover confirmation or policy documents, subject to any stated payment conditions. Do not drive or allow a vehicle to be used in reliance on a quotation alone.

Before purchase, we provide the Insurance Product Information Document, policy wording, statement of demands-and-needs and relevant price and cancellation information through the online journey or another appropriate method. Your schedule, certificate and other confirmation documents are issued once cover is arranged. Please check them promptly and tell us about errors.

7. Premiums and our remuneration

Your quotation will show the insurance premium, applicable Insurance Premium Tax (IPT), our fees and the total amount payable, each shown separately. Our fees are a service fee for arranging and administering your insurance, calculated as a percentage of the insurance premium, and a fixed technology fee for the use of our platform.

The amount of each fee will be shown in pounds on your quotation before you buy. We do not charge separate amendment or cancellation fees. Any insurer charges will be disclosed before the relevant transaction.

We do not receive commission from the insurer. We are paid through the fees described above, which are charged in addition to the premium and IPT and are collected as part of your payment. We do not receive profit-share or volume-related payments.

You may ask us for further information about our remuneration. If you are a commercial customer, we will promptly disclose the remuneration we and any associate receive in connection with your policy, in cash terms where possible, in writing or another durable medium. If a cash amount cannot be provided, we will explain the calculation basis.

Premium finance is not currently available through us. The annual premium and other disclosed amounts must be paid in full by the payment deadline provided to you. If you anticipate difficulty paying, contact us promptly so we can discuss the available options. Failure to pay can affect cover or lead to cancellation in accordance with the policy terms and applicable notice requirements.

8. How your money is held

Premiums collected through us must be paid in Richdale’s designated client bank account using the payment instructions supplied. Richdale receives and holds this money as client money on your behalf under a statutory trust in accordance with the FCA’s Client Assets Sourcebook (CASS 5). It is kept separate from Richdale’s own money and from Roamly’s own money.

Richdale holds the money pending payment to the insurer in accordance with the agreed arrangements. Under this client-money arrangement, payment into Richdale’s account is not, by itself, treated as receipt by the insurer. We will arrange for your payment to be made in accordance with the applicable payment terms. The start of cover remains as set out in section 6 and your policy documents.

By agreeing to these Terms, you agree that any interest earned on your money in the client account may be retained by Richdale and will not be paid to you. Any premium refunds or claims money received by Richdale on your behalf will also be handled under the applicable client-money arrangements until paid to you or otherwise applied on your instructions.

Please use only the verified payment details supplied to you. We will notify you before any change to the entity receiving your payments or the basis on which money is held and explain the effect of that change.

9. Renewals

Your policy is arranged on an automatic-renewal basis in accordance with the insurer’s terms. Before renewal, we will provide the renewal terms and premium, explain any material changes, and tell you what action is required, how payment will be collected and how to stop automatic renewal. We will provide any additional renewal information required by applicable FCA rules.

Please review your renewal documents and check that your information and insurance requirements remain accurate. If you do not wish to renew, tell us before the renewal date using the contact details in section 19 or the method stated in your renewal notice. You may ask us to switch off automatic renewal at any time without a Roamly fee; doing so does not cancel the current policy.

Renewal depends on the insurer continuing to offer cover, your continued eligibility and compliance with the applicable payment requirements. If cover is not renewed, we will notify you in good time so you can arrange alternative insurance. Do not assume that an expired policy remains in force.

10. Cancellation and refunds

If you are a consumer, you normally have 14 days to cancel without giving a reason, starting on the date the contract is concluded or, if later, the date you receive the contractual terms and other required pre-contract information. Any applicable statutory exception or additional cancellation right will be explained before purchase. These rights apply separately from any more generous rights granted by ERS.

To cancel, contact us using section 19, quoting your policy number and the date you want cover to end, or follow the instructions in your policy documents. You may notify us by email, post or telephone through the servicing contact provided to you. We will confirm the effective cancellation date. Do not assume cancellation is backdated.

If you request cover to start within the cooling-off period and then cancel, the insurer may charge for the cover and services actually provided, where disclosed in advance and permitted by law. Such deductions will be proportionate. The effect of any claim on the amount repayable will be assessed under the applicable policy terms and cancellation rules; a claim does not automatically remove statutory rights.

Any refund due under the statutory cancellation rules will be made without undue delay and within the applicable 30-day deadline. Roamly will not charge a cancellation fee.

For business customers, and for consumer cancellation after the cooling-off period, cancellation rights, insurer charges and any refund are governed by the ERS policy terms, subject to applicable law. A pro-rata refund is not guaranteed; the policy may provide for no refund where a claim has occurred. We will explain the applicable terms when you ask to cancel.

ERS may cancel only in accordance with the policy and applicable law, including the required notice. Any notice will explain the cancellation date and relevant reason. Once cover ends, you must not use or permit use of the vehicle without the insurance legally required.

11. Claims

ERS handles, assesses and settles claims under your policy. Please report any incident or claim using the claims contact details in your policy documents and within the timescales required by the policy, including incidents that must be reported even if you do not intend to claim.

Provide the information and assistance reasonably required by ERS and follow the policy’s claims conditions. We can help you identify the appropriate contact or pass on information, but we do not decide whether a claim is covered or determine its settlement. If you tell us about a claim, we will deal with your notification promptly within our responsibilities. Please do not assume that notifying a rental platform alone satisfies your policy’s reporting requirements.

12. Customer support and conflicts of interest

We aim to provide clear information and appropriate support throughout your dealings with us. If you need documents in another format, help understanding information, or an adjustment because of your circumstances, please tell us. We will discuss reasonable ways to assist you. You may appoint someone to help you, subject to appropriate authority and identity checks.

We identify and manage conflicts between our interests, the insurer’s interests and your interests. Our exclusive insurer arrangement and our fees do not remove our duty to act honestly, fairly and professionally in your best interests. If a conflict cannot be adequately managed, we will explain it before proceeding and may be unable to act. We apply the Consumer Duty where it applies to our products and customers.

13. Complaints about our service

If you are unhappy with our sales, administration or service, please contact Roamly in the first instance. You do not need to use a particular form or describe your concern as a formal complaint. Complaints are free of charge.

• Email: legal@roamly.com
• Post: Complaints Department, Roamly UK Ltd, 3rd Floor, 1 Ashley Road, Altrincham, Cheshire, WA14 2DT.

You may also raise a complaint through your usual Roamly servicing contact.

We will handle your complaint under Richdale’s oversight and escalate it to Richdale where appropriate. You may contact Richdale directly at any stage: Complaints Department, Richdale Brokers and Financial Services Ltd, 1 Cornhill, London, EC3V 3ND; telephone 020 7781 8019; or email info@richdale.co.uk

We will acknowledge your complaint promptly and keep you informed. If it is resolved by the close of the third business day after receipt, we will send a summary resolution communication explaining any applicable Financial Ombudsman Service rights. Otherwise, we will send a final response within eight weeks of receipt. If we cannot do so, we will explain the delay, say when we expect to respond and explain your right to approach the Financial Ombudsman Service where eligible. Internal escalation will not restart the complaint-handling clock.

14. Complaints about ERS

For complaints about ERS or its handling of a claim, contact ERS at complaints@ers.com, telephone 0345 268 0279, or write to Customer Relations Department, ERS, Crucible Park, Llansamlet, Swansea, SA7 0AB. If you send such a complaint to us, we will refer it promptly to the appropriate party and tell you what we have done.

ERS policies are subject to the applicable Lloyd’s complaints procedure. Where relevant, the response and your policy documents explain referral to Lloyd’s at www.lloyds.com/complaints. This process does not remove or postpone your applicable rights to approach the Financial Ombudsman Service.

If you are eligible and remain dissatisfied with the relevant final response, or have not received one within eight weeks, you may refer your complaint to the Financial Ombudsman Service free of charge. You will normally need to do so within six months of the final response. Exceptions may apply and the response will explain the relevant time limits. Eligibility includes consumers and certain businesses; the Ombudsman determines whether it can consider your complaint.

Financial Ombudsman Service, Exchange Tower, London, E14 9SR Telephone: 0800 023 4567
Website: www.financial-ombudsman.org.uk Using the complaints procedure does not affect your right to take legal action.

15. Financial Services Compensation Scheme

You may be entitled to compensation from the Financial Services Compensation Scheme (FSCS) if a relevant authorised firm cannot meet its obligations. For our regulated insurance distribution services, the relevant protection relates to Richdale as our principal. Protection if the insurer fails is assessed separately.

Eligibility and the level of protection depend on the claimant, the type of insurance, the nature of the claim and the circumstances of the failure. Eligible claims relating to compulsory insurance, including compulsory motor third-party cover, are generally protected at 100% with no upper limit. Most other eligible general insurance claims are protected at 90% with no upper limit. This does not mean that every part of a motor policy or every commercial customer automatically receives 100% protection.

Further information is available from the FSCS at www.fscs.org.uk or on 0800 678 1100.

16. Personal information and financial crime checks

We process personal information to provide and administer our services, meet legal and regulatory obligations, and prevent fraud. Information may be shared where appropriate with ERS, Richdale, service providers, fraud-prevention organisations and public authorities. Roamly, Richdale and ERS may each act as a data controller for their respective activities.

Our Privacy Notice explains the information we collect, the purposes and legal bases for processing, recipients, retention, international transfers where relevant, and your rights. It is available through the Privacy Policy link at www.roamly.co.uk or on request. The insurer’s privacy information is provided in or alongside its documents. Accepting these Terms is not consent to optional marketing.

We may carry out proportionate identity, fraud and sanctions checks and request supporting information. We may be unable to arrange or continue services if doing so would breach applicable law or sanctions. Where required, we may report suspected criminal activity without being permitted to tell you. We will explain any restrictions as far as the law allows.

17. Communications and records

Our usual service is online and in English. Required information is made available before purchase so you can read and save it. At the end of the purchase journey we also email the relevant documents for your records. Where information is supplied through a website, we will obtain any required active and informed consent and explain how it can be accessed. A later email does not replace the requirement to give you the relevant information before purchase.

You may request paper copies of required information free of charge or discuss an alternative communication method with us. Please keep your contact details current and tell us promptly if documents have not arrived or cannot be accessed.

We retain records in accordance with applicable legal and regulatory requirements and the retention arrangements explained in our Privacy Notice. Communications may be recorded where notified for purposes such as evidencing instructions, handling complaints and monitoring service. Please contact us if you need copies of your documents.

18. Our responsibilities and changes to these Terms

We will perform our services with reasonable care and skill and comply with our applicable regulatory obligations. We are responsible for our own acts and omissions. ERS is responsible for the insurance cover and its claims decisions. We do not guarantee the insurer’s solvency, but this does not exclude liability for any failure by us to meet our own duties.

Nothing in these Terms excludes or restricts a duty or liability arising under the regulatory system, liability for fraud or fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability that cannot lawfully be excluded or restricted. Your rights under applicable consumer law are preserved.

We may update these Terms for valid reasons, including changes to law or regulation, our services, contact details or payment arrangements. Material changes affecting existing services will be notified in a durable medium with reasonable advance notice where practicable. If an urgent legal or regulatory change is necessary, we will explain it as soon as reasonably possible. We will obtain agreement where required. Posting a new version on our website alone does not retrospectively change your agreement or your insurance cover.

You or we may end our service agreement by written notice. We will give reasonable notice unless an immediate legal or regulatory restriction or other serious reason prevents this. We will explain any effect on servicing and deal appropriately with outstanding instructions and money. Ending our service agreement does not, by itself, cancel your insurance policy.

These Terms are governed by the laws of England and Wales. The courts of England and Wales have non-exclusive jurisdiction. If you are a consumer, this does not deprive you of mandatory legal protections or rights to use the courts of the part of the United Kingdom where you live. If a provision is unenforceable, the remaining provisions continue to apply so far as legally possible.

19. Contacting us

• Roamly UK Ltd, General enquiries: dan@roamly.com
• Complaints and compliance: legal@roamly.com
• Website: www.roamly.co.uk Post: 3rd Floor, 1 Ashley Road, Altrincham, Cheshire, WA14 2DT.

For a claim, use the ERS claims contact in your policy documents. For cancellation, renewal or policy changes, use your Roamly servicing contact or the general enquiries address above and include your policy reference.