Rental Terms & Conditions

“Renter” means the person or entity financially responsible for all amounts owed under this Agreement, including any driver(s) acting with Renter’s permission. “Authorized Driver(s)” means Renter plus any additional driver(s) approved by Roamer and listed on the Rental Agreement Summary. No person may operate the Vehicle unless that person is an Authorized Driver. “Rental Period” begins when the Vehicle is delivered to or picked up by Renter and ends only when the Vehicle is returned to Roamer (or recovered by Roamer), checked-in, and inspected by Roamer. “Optional Products” include, without limitation, additional driver fees, child seats, GPS, toll programs, protection products, roadside assistance, and any other optional services accepted by Renter.

Renter acknowledges that Roamer and Renter are the only parties to this Agreement even if a reservation for the Vehicle was arranged by a travel platform, hotel, broker, credit card program, insurer, employer, or other third party, and even if a third party pays or promises to pay for all or part of the rental bill or negotiates any term. If a third party fails or refuses to pay any portion of charges for any reason, Renter remains fully responsible for all amounts owed under this Agreement. Roamer has no obligation to pursue a third party before charging Renter, and Roamer may pursue Renter and any other responsible party to the maximum extent permitted by law.

This Agreement is governed by the laws of the State of Hawaiʻi. Roamer operates rentals on the island of Oʻahu only. Roamer will provide required disclosures consistent with the Hawaiʻi Rental Motor Vehicle Industry Act (HRS Chapter 437D), including required disclosures of rates and mandatory charges and required disclosures regarding any damage waiver where applicable.

Roamer’s rights and remedies under this Agreement are in addition to any rights and remedies available under applicable law.

Renter and all Authorized Drivers must be at least twenty-one (21) years old and possess a valid, unexpired driver’s license during the entire Rental Period. Drivers ages twenty-one (21) through twenty-four (24) are permitted but are subject to a Young Renter Fee of $40 per day for each day of the Rental Period. Roamer may require additional verification (including passport, secondary ID, proof of address, or other documentation) and may deny rental, terminate rental, or require additional authorization(s) in its discretion where permitted by law.

Any misrepresentation of identity, license validity, age, address, payment method ownership, or other material facts is a material breach of this Agreement and may result in denial of rental, termination, immediate recovery of the Vehicle, and additional fees and charges. Renter authorizes Roamer to verify identity, license status, and other relevant information through permissible sources for fraud prevention, risk assessment, collections, and claim handling.

Renter acknowledges the Vehicle and any Optional Products are provided “AS IS” and that Renter has had an adequate opportunity to inspect the Vehicle (including photos and condition report where provided) before departure. Renter agrees to promptly report any existing damage or condition issues before leaving the pickup location and acknowledges that failure to report may be treated as acceptance of the Vehicle’s condition as documented by Roamer.

To the maximum extent permitted by law, Roamer disclaims all warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, and Roamer makes no guarantee that a particular make/model/trim or specific Vehicle will be available. Roamer may substitute a comparable Vehicle if necessary. If Renter believes the Vehicle is unsafe or not roadworthy, Renter must stop operating the Vehicle immediately and notify Roamer; continued operation after awareness of a safety concern constitutes a material breach and may result in liability for resulting damage.

Rental charges accrue until the Vehicle is returned, checked-in, and inspected by Roamer. Roamer provides a one (1) hour grace period after the scheduled return time. If the Vehicle is not returned within the grace period, additional hourly and/or daily charges may apply at Roamer’s then-current rates and fees, including administrative or operational costs associated with rebooking losses and recovery.

Returns outside business hours, after-hours drop, or returns to a location other than the agreed return location remain the Renter’s responsibility until the Vehicle is physically checked-in and inspected by Roamer staff. Renter remains responsible for all loss, theft, or damage occurring prior to check-in and inspection, including damage occurring in parking facilities, curbside areas, or other non-secure areas.

Unauthorized retention or continued possession beyond the agreed return time and/or location may be treated as unauthorized control of a propelled vehicle under Hawaiʻi law depending on circumstances, and Roamer may pursue all remedies available, including recovery, towing, impound, reporting to authorities, and collections. Any costs incurred by Roamer in recovering the Vehicle are the responsibility of Renter as provided in this Agreement.

The Vehicle may be operated on Oʻahu only and may not be transported to any other island by any means, including barging, ferrying, or shipping. The Vehicle may not be used off-road; on unpaved roads; on beaches; in sand; through standing water, flooded areas, or salt water; for racing, speed contests, or reckless driving; for towing or pushing anything unless expressly authorized; for commercial hire or transport of persons for pay (including rideshare or taxi); for commercial delivery services; for any illegal purpose; or while any driver is impaired by alcohol or drugs, including conduct prohibited by Hawaiʻi law.

The Vehicle shall not be driven by any person other than an Authorized Driver. Any violation of this section is a material breach that automatically terminates Renter’s right to use the Vehicle and voids any protection products or waivers to the extent permitted by law. Upon breach, Roamer may demand immediate return and may recover the Vehicle at Renter’s expense, and Renter remains responsible for all charges accruing until the Vehicle is recovered and checked-in.

Roamer operates multiple authorized locations. Unless otherwise agreed in writing at the time of booking, the Vehicle must be returned to the agreed return location shown on the Reservation Summary or Rental Agreement Summary. If a customer picks up at one Roamer location and returns to a different authorized Roamer location (including, by way of example, pickup in Waikīkī and drop at the Airport Hotel location, or vice versa), Renter agrees to pay an Inter-Location Drop Fee of $50.

Returns to non-authorized locations, or returns without prior authorization, may result in additional recovery fees, towing, storage, administrative fees, and rental charges accruing until the Vehicle is recovered, checked-in, and inspected.

Renter must present a valid credit or debit card and authorizes Roamer to obtain pre-authorization(s) for estimated rental charges and applicable fees. At this time, Roamer is not requiring a security deposit or hold at pickup, but Renter acknowledges and agrees that Roamer reserves the right, at any time in the future, to require a security deposit and/or pre-authorization hold as a condition of rental and may adjust its authorization practices based on risk indicators, extensions, added drivers, changes in itinerary, or other operational factors, to the maximum extent permitted by law.

All charges are subject to final audit. If a charge is declined or dishonored for any reason, Renter authorizes Roamer to re-initiate such charge(s) without further authorization and remains responsible for all unpaid amounts, including any bank or processing costs incurred by Roamer.

Renter expressly authorizes Roamer to retain payment information and to charge the payment method(s) on file for charges incurred during or after the Rental Period, including after the reservation is closed, when such charges become known, assessed, or billed to Roamer later. This authorization survives termination of the Agreement and is material to Roamer’s decision to rent the Vehicle.

Post-rental charges include, without limitation, tolls; toll violations; parking tickets; traffic citations; administrative processing fees; fuel differences; cleaning; smoking/odor remediation; keys or equipment replacement; towing; impound and storage; damage; loss of use; diminished value; appraisal/estimate fees; collection costs; and any third-party fees associated with enforcement, recovery, or processing.

Renter acknowledges that some charges, including tolls, violations, and citation processing, may be assessed days or weeks after the Vehicle is returned, and Renter authorizes Roamer to charge such amounts when received.

Renter is responsible for all tolls, toll violations, parking tickets, and traffic citations incurred during the Rental Period. Renter authorizes Roamer to pay or process such amounts on Renter’s behalf where permitted, to provide Renter and rental information to the issuing authority and/or third-party processors, and to charge Renter for the underlying amount plus a reasonable administrative processing fee per incident. If Roamer uses a third-party toll/violation service, Renter authorizes transfer of necessary personal and payment information to enable collection and allocation of such charges.

Renter understands that Roamer’s payment of a toll, fine, or violation on Renter’s behalf may affect Renter’s ability to contest the charge with the issuing authority, and Renter accepts that risk.

Fuel must be returned at the same level as at checkout (as shown on the agreement/condition report). If returned with less fuel, Renter authorizes Roamer to charge for the fuel difference at Roamer’s then-current posted rate, plus a service fee for refueling. No refunds or credits are provided for excess fuel.

Renter is responsible for returning the Vehicle reasonably clean and free of excessive sand, mud, stains, spills, pet hair, strong odors, or biohazards. Smoking and vaping are prohibited in the Vehicle. If additional cleaning or remediation is required, Renter authorizes Roamer to charge an Excess Cleaning Fee of $250 minimum and a Smoking/Odor Remediation Fee of $250 minimum. Where biohazard cleaning is required (including bodily fluids, vomit, or similar contamination), Renter authorizes Roamer to charge actual cleaning and remediation costs plus an administrative fee.

Because Hawaiʻi conditions can cause significant corrosion and damage, Renter is specifically responsible for any damage, remediation costs, and loss of use arising from sand, salt, water intrusion, or undercarriage exposure inconsistent with normal paved-road use, including costs related to corrosion, electrical issues, and interior contamination.

Renter must notify Roamer immediately of any accident, damage, theft, vandalism, warning lights indicating possible mechanical harm, or incident involving third parties, and must promptly provide all incident information, photos, police report number (when obtained), and cooperate fully with Roamer, insurers, and authorities. Renter must not authorize repairs, towing, or parts replacement without Roamer’s express permission unless required for safety or to comply with law, and any authorized repair must be documented with receipts and return of replaced parts where feasible.

Failure to promptly report an accident, damage, or theft, failure to cooperate, or leaving the scene in violation of law may void optional protections to the extent permitted.

Vehicles may be equipped with GPS and/or event data recorders (“EDR”) or similar technology. To the extent permitted by law, Renter consents to Roamer’s retrieval and use of available Vehicle data related to the incident for claims, recovery, safety, and dispute resolution.

Unless limited by a valid, applicable optional protection product (and subject to all restrictions and voiding events), Renter is responsible for all loss or damage to the Vehicle and Optional Products occurring during the Rental Period, regardless of fault, including acts of nature. Renter is responsible for all associated costs including towing, storage, impound, appraisal/estimate costs, administrative processing, and collection costs.

If the Vehicle is repairable, Renter authorizes Roamer to charge the reasonable cost of repair (parts and labor), towing, storage, and related costs, plus an administrative fee based on damage amount: $50 (estimate under $500), $100 ($500–$1,499.99), and $150 ($1,500+). Renter also authorizes “loss of use” charges for the period the Vehicle is unavailable. For transparency and enforceability, Roamer may calculate loss of use as (total labor hours on the repair estimate ÷ 8) × the applicable daily rental rate, and Renter agrees this is a reasonable measure of Roamer’s loss.

If the Vehicle is not recoverable, is stolen and not recovered, or is declared a total loss/salvage, Renter authorizes Roamer to charge the Vehicle’s fair market retail value immediately before the loss minus salvage proceeds (if any), plus towing/storage/impound and administrative fees. For unrecovered theft/total loss, loss of use may be assessed as 15 days at the applicable daily rental rate (or actual documented downtime if greater), to the extent permitted by law.

Renter further authorizes charges for diminished value where applicable and supported by documentation or appraisal, in addition to repair costs and loss of use, and acknowledges diminished value may exist even after a proper repair.

If Renter elects a Loss Damage Waiver/Damage Waiver (“LDW/DW”), it is not insurance and is optional. If accepted, LDW/DW may shift some risk of physical damage, subject to the conditions, restrictions, and exclusions in the LDW/DW terms. Hawaiʻi law requires specific disclosures for rental agreements that contain a damage waiver, including that it is optional, that it entails an additional charge, the actual daily charge, and all restrictions and conditions, in plain language and specified formatting. Those required disclosures will be provided in the Rental Agreement Summary and/or DW addendum and are incorporated into this Agreement by reference.

Roamer will comply with applicable Hawaiʻi financial responsibility requirements. Except as required by law or expressly stated in a written optional product endorsement, Roamer does not provide medical payments, personal injury protection, or uninsured/underinsured motorist coverage to Renter, Authorized Drivers, passengers, or third parties through this Agreement. Any liability coverage provided by Roamer (if any is required/triggered) is limited to the minimum amounts required by Hawaiʻi law and may be excess over any other applicable coverage to the extent permitted.

Roamer is not responsible for loss, theft, damage to, or disclosure of any personal property or data left in the Vehicle or on Roamer’s premises. No bailment is created. Renter releases Roamer from any claim relating to personal property and agrees to indemnify Roamer for third-party claims arising from Renter’s property or data. Renter further acknowledges that phones and devices may pair with Vehicle systems and that it is Renter’s responsibility to delete personal data and remove devices before return.

For matters arising from this Agreement, Roamer may verify and/or obtain Renter’s personal, credit, identity, license, and insurance information through permissible sources for fraud prevention, risk assessment, collections, and claim handling, to the extent permitted by law. Roamer may deny rental or require additional authorization(s) where permitted if verification cannot be completed.

To the extent permitted by law, Renter assigns to Roamer the right to receive proceeds payable for damage or loss to the Vehicle under any applicable policy or benefit (including auto insurance, travel insurance, or credit card benefits) relating to amounts owed under this Agreement. If Renter fails to timely pay amounts due, Renter grants Roamer a limited power of attorney to submit and pursue claims for Vehicle damage/loss and to endorse or direct payment of claim proceeds to Roamer for the limited purpose of satisfying amounts owed under this Agreement. This limited power of attorney does not authorize Roamer to act for any unrelated purpose.

Renter agrees to contact Roamer in good faith to dispute charges before initiating a chargeback. If Renter initiates a chargeback that is rejected or reversed, Renter remains liable for the original charges plus chargeback fees, administrative fees, and collection costs. Unpaid balances may accrue a late charge/interest of 1.5% per month (or the maximum allowed by law, if lower) beginning 30 days after the end of the Rental Period. Renter agrees to pay Roamer’s reasonable collection costs, including attorneys’ fees where permitted, and acknowledges that Roamer may pursue collections through third parties.

If Renter breaches this Agreement, Roamer may terminate the rental, demand immediate return of the Vehicle, and pursue all remedies available at law and in equity, including recovery of the Vehicle. Renter is responsible for all costs incurred by Roamer in regaining possession of the Vehicle and enforcing this Agreement, including towing, recovery, storage, impound, administrative fees, and attorneys’ fees where permitted. Renter agrees that any continued use after termination is unauthorized and that Roamer may take reasonable steps to recover the Vehicle.

To the fullest extent permitted by law, Roamer is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, missed flights, travel disruptions, or emotional distress. If Roamer is found liable for any direct damages notwithstanding the foregoing, Roamer’s total liability is limited to the amount of rental charges actually paid by Renter for the portion of the Rental Period directly affected.

Renter agrees to defend, indemnify, and hold harmless Roamer and its owners, members, managers, employees, and agents from and against any claims, losses, liabilities, damages, fines, penalties, costs, and expenses (including reasonable attorneys’ fees where permitted) arising from the rental transaction or the use, possession, or operation of the Vehicle by Renter or any driver, including claims by third parties.

Any dispute, claim, or controversy arising out of or relating to this Agreement, the rental transaction, the Vehicle, charges, payments, damage, loss, insurance or waiver products, or any relationship between Renter and Roamer shall be governed by Hawaiʻi law. Except as provided below, disputes shall be brought exclusively in Honolulu County, Hawaiʻi.

To the fullest extent permitted by law, Roamer may elect to require that disputes be resolved by binding arbitration in Honolulu County, Hawaiʻi, administered by the American Arbitration Association (“AAA”) or another recognized arbitration provider selected by Roamer, under that provider’s consumer or commercial rules as applicable. Arbitration will be conducted by a single arbitrator. The arbitrator shall have authority to award any relief available in court on an individual basis, except that the arbitrator may not award relief for anyone who is not a party to the arbitration.

JURY TRIAL WAIVER: Renter and Roamer waive any right to a trial by jury.

CLASS ACTION WAIVER: All proceedings shall be conducted only on an individual basis. Renter and Roamer waive any right to bring, join, or participate in any class action, collective action, private attorney general action, or other representative proceeding. The arbitrator shall not consolidate more than one person’s claims and shall not preside over any form of representative or class proceeding.

Notwithstanding the foregoing, Roamer may pursue in court actions limited to vehicle recovery, repossession, injunctive relief, or collections for amounts due, and Renter agrees venue for such actions shall be Honolulu County, Hawaiʻi unless otherwise required by law.

If any portion of this section is found unenforceable, it shall be severed and the remainder shall be enforced to the maximum extent permitted.

If any provision is determined unlawful, void, or unenforceable, the remaining provisions shall continue in full force and effect. This Agreement is the entire agreement between Renter and Roamer relating to the rental and supersedes all prior discussions. It may not be modified except in writing signed by Roamer (or its authorized agent) and Renter, or via an electronic agreement process approved by Roamer. Renter consents to receiving agreements, disclosures, notices, and communications electronically where permitted and agrees that electronic signatures and acknowledgments are intended to be legally binding.