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Bicycle Hire Agreement

Bicycle Hire Agreement

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Home > Brompton subscription > Terms

 

Last updated: 11th December 2024 

About us and Brompton Bicycle Retail Limited 

We are Brompton Bike Hire Limited (“We”, “Our” or “Us”) We are the owner of the Bicycle and hire the Bicycle to you under this Agreement. We work together with Brompton Bicycle Retail Limited (“Brompton”), who will take your Order via www.brompton.com (a website operated by Brompton; the “Website”) and pass it on to us. 

You can contact Our Customer Support Team via phone on 0204538225 or email at [email protected]

When you place your Order, you agree to be subject to these terms, Brompton’s Privacy Policy and Brompton’s Terms of Use & Sale. In this Agreement there are provisions which apply specifically to Flexible, Annual or Electric Hire Agreements respectively, these specific terms will apply to you insofar as they align with the Hire Service you Order. If there is an inconsistency between any of the provisions of this Agreement and the provisions of Brompton’s Terms of Use & Sale, the provisions of this agreement shall prevail. 

We are an appointed representative of Product Partnerships Limited which is authorised and regulated by the Financial Conduct Authority. Product Partnerships Limited FCA registration number is 626349 and its address is Second Floor, Atlas House, 31 King Street, Leeds, LS1 2HL. 

1. Eligibility 

1.1 To enter into this Agreement you: 

    1.1.1 Must be at least 18 years old; 

    1.1.2Are required to pass a credit check and/or ID verification check; 

1.2 Our Hire Services are only available for customers resident in the United Kingdom. 

2. Your Bicycle Hire 

2.1 We are hiring, and you agree to hire, the Bicycle provided to you on the terms set out in this Agreement. 

2.2 This Agreement is not a purchase agreement. You are not buying the Bicycle and you do not own the Bicycle. The Bicycle provided to you remains Our property at all times and you have no right or interest in it otherwise as bailee (or, in Scotland, a hirer). Therefore, you may not alter, damage, encumber, sublease, sell or otherwise transfer the Bicycle to any third party. You agree to look after the Equipment and not allow anyone else to take possession of it or to encumber it. 

2.3 If you or we terminate this Agreement, you must return the Bicycle to Brompton in accordance with the terms of this Agreement. 

2.4 This Agreement applies to the specific Bicycle that is delivered to you. 

3. Order, Price and Payment 

3.1 To complete your Order you need to select the Bicycle you wish to Hire, the Hire Service you wish to subscribe to, and provide all required information as listed on Brompton’s Website. When you place your Order, you confirm that you have read this Agreement and agree to its terms.

3.2 Prior to placing your Order our identity verification partner, Onfido UK Limited, may carry out a soft credit check and/or ID verification check. This soft credit check allows us to confirm your credit status without affecting your credit rating. Once your identity has been verified and relevant checks have been carried out, you will receive an email to let you know when the Bicycle has been dispatched. Our Customer Support Team will also let you know if for any reason your subscription request has not been accepted. 

3.3 Our acceptance of your request will take place only when we deliver a Bicycle to you.  We may refuse to accept or fulfil any order in our absolute discretion.  

3.4 Except in the case of obvious error, the price of your Hire Service will be as quoted on the Website at the time of entering into this Agreement until it is terminated in accordance with Section 9. All prices are displayed in Pounds Sterling inclusive of UK VAT where applicable. 

3.5 During the subscription process you will be asked to sign up to make payments by credit or debit card. All payments due to us under these terms (including all monthly payments and any default payments due) will be deducted from your chosen payment method.  If for any reason any payment is refused, we will have the right to request the payment from you or recover the Bicycle provided to you. We may charge you for any costs incurred by us in seeking further payment or recovering the Bicycle together with the balance of the monthly hire payments included within the minimum term of your chosen hire service and any default payments due. 

3.6 Once your Credit and/or ID check has been approved the first payment will be taken upon checkout which will also be the start date of your subscription. Subsequent payments will be deducted from your payment method on the same date each month or the next working day. 

4. Delivery 

4.1 The Bicycle will be dispatched as soon as possible after your first payment has been received by Us. You will receive an email once the Bicycle has been dispatched with an estimated date when a Bicycle will be delivered, and we shall use reasonable endeavours to deliver to the stated location by the date and time that we agree with you.  We will let you know of any delays that may occur as quickly as possible.  If these delays persist beyond a reasonable time, you have the option to cancel your subscription request via the contact form on the Website. 

5. Your Obligations including Maintenance of the Bicycle 

5.1 You confirm that you are an individual above the age of 18 and a resident of the United Kingdom. 

5.2 You confirm that all the details you provide in your Order, and any details provided in connection with your order, are true and correct. We may seek proof of your address as part of confirming your Order. You must keep the details We hold on you up to date and notify us immediately if your details change by contacting our Customer Support Team. 

5.3 You can afford to make payments required under this Agreement and know of no reason why your ability to afford payments would change throughout the duration of the subscription term. 

5.4 Subject to our providing to you the required legal notice of default sums, you should repay to Us on demand all reasonable costs and expenses (including legal and administrative costs) paid or incurred by us in collecting arrears of payments or in enforcing or attempting to enforce our rights under this Hire Agreement. You must not sell or otherwise part with possession of the Bicycle except for the purpose of its maintenance or repair. 

5.5 You must not modify or alter the Bicycle in any way.

5.6 You must keep the Bicycle securely stored when it is not in use. 

5.7 You must maintain the Bicycle in good working order and condition at your own expense in accordance with our instructions. 

5.8 You must promptly arrange for the Bicycle to be serviced by us when we tell you it is due for a service. 

5.9 You must ensure that you are competent to ride and use the Bicycle safely at all times. 

5.10 You must not take or use the Bicycle outside the UK without our prior written consent. 

5.11 You should return the Bicycle in its original packaging to ensure safety during transit. If you don’t have a box please contact our Customer Support Team via [email protected] to discuss a replacement box and cost. 

6. Our Obligations 

6.1 We will ensure that the Bicycle is in good and working condition when it is delivered to you.  You must notify us within 24 hours of delivery if you consider the Bicycle is damaged or not in good working order. 

6.2 Should your Bicycle develop a defect at any time and provided that you have complied with your obligations under these terms, we will make reasonable endeavours to repair the fault within 7 working days or provide a replacement Bicycle. 

7. Damage, Theft or Loss of the Bicycle 

7.1 Once your Bicycle has been delivered to you, risk in that Bicycle passes to you and you are responsible for any loss, theft, or damage to that Bicycle until such time as you return it back to us in accordance with these terms. You agree to indemnify us against any and all loss or damage to the Bicycle and against any loss, damage or injury caused by the Bicycle. 

7.2 You must promptly notify our Customer Support Team by email to [email protected] of:  

   7.2.1 any loss or damage to the Bicycle, or

   7.2.2 any loss or damage caused by your use of the Bicycle; or  

   7.2.3 if the Bicycle is stolen or you suspect it has been stolen.

If any of these events occur you will still be responsible for making all remaining payments due under the minimum term of your hire and for any default payment due.  

7.3 Default payments will be calculated according to the severity of damage to the Bicycle. Loss, theft or irreparable damage to the Bicycle will be subject to a default payment of £650 (‘Default Payment’). 

8. Insurance 

8.1 Brompton Bike Hire Limited has fleet insurance for all its Bicycles which covers the Bicycle against accidental damage, theft and/or loss. This insurance is subject to conditions, so for you to take advantage of the Subsidised Replacement Cost for the Bicycle you must adhere to the below conditions. 

8.2 In respect of any accident or theft, you must provide accurate statements and co-operate with all Brompton Bike Hire’s reasonable requests for information and/or documentation. 

8.3 In the event of the loss or theft of Brompton bike whilst on hire to you, you will be charged £100 for the subsidised replacement of the Brompton Bicycle (the “Subsidised Replacement Cost”). Please be advised Brompton Bike Hire’s fleet insurance will be null and void if the bike is locked up and left unattended by the subscriber. 

8.4 Failure to follow the below Guidance may result in you being charged the Full Default Payment. 

   8.4.1 Only leave your Bicycle unattended when stored in a securely locked room or building, for example your house or secure office. 

   8.4.2 Do not take your Bicycle outside of the United Kingdom as insurance cover provided by Brompton Bike Hire Limited will not apply. 

   8.4.3 There is no protection for any equipment attached to your Bicycle which is not critical to its operation. 

   8.4.4 Failure to provide correct and accurate information requested by us when taking out your subscription (for example references / proof of identity) will mean that Brompton Bike Hire’s fleet insurance cover will not apply. 

   8.4.5 Do not use your Bicycle for any competition including massed-start events, British Cycling affiliated competitions, or events ranked by result or for which a prize or score is awarded. 

   8.4.6 Do not participate in any stunts or use equipment specifically designed for undertaking stunts. 

   8.4.7 You must notify us promptly about any loss or damage of your Bicycle by contacting Our Customer Support Team at [email protected]

   8.4.8 You must cooperate in our investigation following an incident including providing evidence of any loss or damage as requested. 

   8.4.9 Only you, the registered subscriber, may use the Bicycle. 

8.5 If you are a Brompton E Bike subscriber the Full Default Payment is £2900, which covers the replacement cost of the Brompton E Bike. 

8.6 If you are a Flexi or Annual Bike subscriber the Full Default Payment is £1449, which covers the replacement cost of the Brompton C Line. 

8.7 In the event that there is any shortfall between the cost of making good the damage to the Bicycle or compensating us for its loss or theft and the pay-out received under Brompton Bike Hire’s fleet insurance cover, you agree to pay us that shortfall on demand. 

9. Terminating this Agreement 

9.1 If for any reason you change your mind and wish to take advantage of your statutory right to cancel your hire of a Bicycle, please be aware that this must be done within 14 days of you taking delivery of the Bicycle. You can let us know by contacting the Customer Support Team by email at [email protected] or by completing and sending us the template cancellation form in the Schedule. 

9.2 If you cancel the services after you have taken delivery of the Bicycle you will be required to pay us for the period up until the time that you return the Bicycle to us. 

9.3 If the Bicycle has already been delivered during the cancellation period, or within 30 days of placing your Order, you will return it at your own cost to the place from where it was delivered to you or such other place as we reasonably require. You must return the Bicycle to us no later than 14 days from the day on which you communicate your cancellation of the agreement with us. 

9.4 Bicycles should be returned in their original packaging to ensure safety during transit. If you don’t have a box please contact our Customer Support Team at [email protected] to discuss a replacement box and cost. 

9.5 If you have not taken reasonable care of the Bicycle, or there is damage which is more than was necessary for you to determine the characteristics and functioning of the Bicycle for the short period you have had the use of it, we may charge you for an amount equal to the cost of repairs but limited to the value of the Bicycle. We will deduct these amounts from any sums to be reimbursed to you; if the amount you have to pay us exceeds the amount we have to reimburse you, then you will be required to pay us that shortfall within 14 days of our telling you what is due. 

9.6 If you have subscribed for the Annual service, your hire of a Bicycle is fixed for a minimum 12-month term however in certain circumstances we may consider releasing you early from this minimum obligation.  Those circumstances are pregnancy, serious illness, serious injury or redundancy. We may require you to produce proof, satisfactory to Us, of the circumstance relied upon. 

9.7 At the end of your fixed term you will be moved to a rolling subscription which you may cancel by contacting us by email to [email protected] at any time, and providing us with at least 30 days’ notice, such notice to end on the first day of any month.  This means that, for example, if you wish for your subscription to end on 1st September, you should notify us by no later than 2nd August. 

9.8 If you have subscribed for the Flexi service, then you may terminate your subscription by contacting us by email to [email protected] at any time, and providing us with at least 30 days’ notice, such notice to end on the first day of any month.  This means that, for example, if you wish for your subscription to end on 1st September, you should notify us by no later than 2nd August. 

9.9 On the termination of expiry of these terms we will contact you to arrange the return of the Bicycle to us. Once the Bicycle has been returned to us, we will inspect it and contact you within 30 days. We may charge you for an amount equal to the cost of repairs but limited to the value of the Bicycle. We will deduct these amounts from any sums to be reimbursed to you; if the amount you have to pay us exceeds the amount we have to reimburse you, then you will be required to pay us that shortfall within 14 days of our telling you what is due. 

10. Default

10.1 You will be in default if you: 

   10.1.1 Are in breach of any of these terms; 

   10.1.2 The Bicycle become lost, stolen or damages; 

   10.1.3 Are presented with, or suffer, a bankruptcy petition; or

   10.1.4 Enter into, or takes steps to enter into, a composition with your creditors. 

10.2 On the happening of any event referred above, we may, after sending a default notice: 

   10.2.1 end this hire agreement; 

   10.2.2 repossess the Bicycle and, under an order of the Court or with your consent given at that time, enter any premises where the Bicycle is or is believed to be; and 

10.2.3 recover from you: 

i. all arrears of hire payments and other sums payable under these terms; 

ii. all costs and expenses incurred in repossessing, repairing, storing, insuring and selling the Bicycle, delivering it to a buyer and any sales commission paid in connection with its sale; and 

iii. as compensation and/or liquidated damages for breach of these terms, a sum equal to the aggregate of all hire payments which would, but for termination of these terms, have become due and payable under these terms from the date of termination to the end of the term of the hire, less a discount for accelerated payment calculated at the rate of 5% on each hire payment from the date of termination to the dates on which the hire payment would have become payable but for termination, less the net proceeds of sale of the Bicycle, if repossessed and sold or its value as determined by us, if not sold. 

11. Our Liability to You 

11.1 These Terms are not intended to, and shall not, limit or exclude any liability that we are not permitted to limit or exclude under applicable law, including our liability for personal injury or death caused by our negligence, for fraud or fraudulent misrepresentation, or for our breach of applicable consumer laws or your statutory rights as a consumer. 

11.2 We are only responsible for losses that are a foreseeable consequence of our breach of this Agreement.  We will not be liable to you to the extent we are prevented or delayed from complying with our obligations under this Agreement by anything you (or anyone acting on your behalf) do or fail to do or due to evens which are beyond our reasonable control. 

11.3 We only supply products for domestic and private use.  We will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption.

14. Governing Law and Jurisdiction 

This Agreement, and any dispute or claim arising out of or in connection with this Agreement, Brompton’s Terms of Use and Sale or Brompton’s Privacy Policy, shall be governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales. 

15. Other important legal terms 

15.1 Assignment: You may not transfer your rights or your obligations under this Agreement, without Our prior written consent. We may transfer this Agreement or any of its rights or obligations under this Agreement. We’ll tell you in writing if this happens and we’ll make sure that the transfer doesn’t affect your rights or the service you receive under this Agreement. 

15.2 Complete Agreement: This Agreement constitutes the entire agreement between you and Us. Your statutory rights are not affected by the terns if this Agreement.  

15.3 Notices: If we need to provide you with a notice, contract or other information, we may contact you through one or more of the following: by email (using the email you have provided us), by calling the telephone number you’ve provided us, including leaving a voice message, or posting a message on the Website. You can provide Us a notice by emailing us at [email protected]

15.4 Severability: If any part of this Agreement is found to be invalid or unenforceable by any court or authority, that provision will be removed from this Agreement and the remaining provisions will continue to apply in full force and effect. 

15.5 Waiver: The failure by you or Us to exercise any right under this Agreement is not a waiver of your or our right to exercise that right or any other right in the future. We might not immediately chase you for not doing something you should do under this Agreement (for example, servicing) or for doing something that you’re not allowed to do but that doesn’t mean we can’t do it later. 

16. Complaints 

16.1 You can view our complaints handling process here

16.2 We always try to offer the best service possible. However, if you are unhappy with any service provided by Us, please contact our Customer Support Team by email to [email protected].  We will do our best to resolve your complaint as quickly and as fairly as possible. 

16.3 If you make a complaint to us and you are not satisfied with our response, you will have the right to refer the complaint to the Financial Ombudsman Service. You can write to them at Exchange Tower, London E14 9SR, or call 0800 023 4567, or send an email to [email protected]

SCHEDULE 

Cancellation Form 

 

To Brompton Bike Hire Limited, Unit 1, Ockham Drive, Greenford, London, UB6 0FD 

I/we(*) hereby give notice that I/we(*) cancel my/our(*) contract for the supply of hire services [please insert reference] 

Ordered at (*)/ received at (*) 

Name of the consumer(s) 

Postal address of the consumer(s) 

Signature of the consumer(s) (only in case of paper notice) 

Date 

_________________ 
(*) Please delete as appropriate. 

 

 

 

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