Brompton subscription

TERMS & CONDITIONS

GENERAL

Terms were last updated on 27th February 2023.

Introduction

These terms and conditions (‘Terms’) set out the terms and conditions on which you may access and use the Brompton website at www.bromptonsubscription.com (the ‘Website’) and (if applicable) sign up to our subscription service and hire a Brompton bicycle (“Bicycle”).

Please read these Terms carefully. By subscribing for the Brompton subscription service, you indicate that you accept these Terms and agree to abide by them.  If you do not agree to these Terms, you must not submit a Brompton subscription application.

Brompton Bike Hire Ltd will process any personal data provided in line with their privacy policy.

In these Terms we use ‘Brompton’, ‘they and ‘their’ to refer to Brompton Bike Hire Limited.

Subscription

To subscribe for the hire service you must be 18 years of age or older and a resident of the United Kingdom.

Once your Green Commute Initiative (GCI) application has been completed for your Brompton Bike subscription, GCI will sent your details to Brompton Bike Hire Ltd and their Customer Support Team will then be in touch to make arrangements for the delivery of a Bicycle to you.

Your subscription request is an offer by you to purchase the service from Brompton Bike Hire Ltd.  Brompton Bike Hire’s acceptance of your request will take place only when they deliver a Bicycle to you.  Brompton Bike Hire Ltd may refuse to accept or fulfil any order in their absolute discretion.  In such an event where the subscription is cancelled before the bike is delivered, GCI will refund any money owed to your employer.

Delivery

The Brompton Bike Hire Ltd., Customer Support Team will provide you with an estimated date when a Bicycle will be delivered, and will use reasonable endeavours to deliver to the stated location by the agreed date and time.  Brompton Bike Hire Ltd customer service will let you know of any delays that may occur as quickly as possible.  If these delays persist beyond a reasonable time you will be given the option to cancel your subscription request.

Hire

Brompton Bike Hire Ltd are hiring, and you agree to hire, the Bicycle provided to you on the terms set out in these terms.

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).

Your Obligations

You must not sell of otherwise part with possession of the Bicycle except for the purpose of its maintenance or repair.

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

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

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

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

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

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

Our Obligations

Brompton Bike Hire will ensure that the Bicycle is in good and working condition when it is delivered to you.  You must notify the Brompton Bike Hire’s Customer Support Team within 24 hours of delivery if you consider the Bicycle is damaged or not in good working order.

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

Damage, Theft or Loss or Bike

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 Brompton Bike Hire Ltd., against any and all loss or damage to the Bicycle and against any loss, damage or injury caused by the Bicycle.

You must promptly notify the Brompton Bike Hire’s Customer Support Team by email to bdsupport@bromptonbikehire.co.uk of (i) any loss or damage to the Bicycle, (ii) or any loss or damage caused by your use of the Bicycle; or (iii) if the Bicycle is stolen or you suspect it has been stolen.  In any of these events occur you will be responsible for making any default payment due. 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’).

Brompton Bike Hire Limited has fleet insurance for all its bikes. 

In respect of any accident or theft, Members must provide accurate statements and co-operate with all Brompton Bike Hire’s reasonable requests for information and/or documentation. If a bicycle is stolen whilst in your care.

1. 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. 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.
2. If any loss or damage to Brompton bicycle under hire to you occurs in circumstances where you have not adhered to the conditions of hire you will be charged £650 for the full replacement cost of Brompton bicycle.

Failure to follow the guidance may result in you being charged the full Default Payment.

Guidance:

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

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

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

Failure to provide correct and accurate information requested by Brompton Bike Hire when taking out your subscription (eg. references / proof of identity) may mean that the reduced excess cover will not apply.

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.

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

You must notify Brompton Bike Hire Ltd., promptly about any loss or damage of your Bicycle by contacting them at bdsupport@bromptonbikehire.co.uk.

You must cooperate in Brompton Bike Hire’s investigation following an incident including providing evidence of any loss or damage as requested.

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

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.

Your Right to Cancel

If for any reason you change your mind and wish to cancel your hire of a Bicycle please let Brompton Bike Hire know by contacting their Customer Support Team by email to bdsupport@bromptonbikehire.co.uk or by completing and sending Brompton Bike Hire this template 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

Any request to cancel must be made within 14 days of your taking delivery of the Bicycle.  If you cancel the services after you have taken delivery of the Bicycle you will be required to pay Brompton Bike Hire Ltd., for the period up until the time that you return the Bicycle to Brompton Bike Hire.

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. 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 bdsupport@bromptonbikehire.co.uk 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 1 September, you should notify us by no later than 2 August.   

Default

You will be in default if you:
(i) are in breach of any of these terms;
(ii) the Bicycle becomes lost, stolen or damaged;
(iii) are presented with, or suffer, a bankruptcy petition; or
(iv) enter into, or takes steps to enter into, a composition with your creditors.
On the happening of any event referred above, we may, after sending a default notice:
(i) end this hire agreement;
(ii) 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
(iii) recover from you:
(a) all arrears of hire payments and other sums payable under these terms;
(b) 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
(c) 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. 

Obligations following Termination or Expiry
On the termination of expiry of these terms Brompton will contact you to arrange the return of the Bicycle to them. Once the Bicycle has been returned to Brompton, they will inspect it and contact you within 30 days with details of any default payment due.

 Complaints

Brompton Bike Hire always try to offer the best service possible.  However, if you are unhappy with any service provided by them please contact the Brompton Bike Hire Customer Support Team by email to bdsupport@bromptonbikehire.co.uk.  They will do their best to resolve your complaint as quickly and as fairly as possible.

If you’re not satisfied with the outcome of your complaint, or if Brompton Bike Hire fail to do so within eight weeks, you can take your complaint to the Financial Ombudsman Service at Exchange Tower, London E14 9SR. Telephone 0800 023 4567 or at www.financial-ombudsman.org.uk.

Please click here to view Brompton Bike Hire’s Complaints Policy.

Our Liability to You

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

Brompton Bike Hire are only responsible for losses that are a foreseeable consequent of their breach of these Terms.  Brompton Bike Hire will not be liable to you to the extent Brompton are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) do or fail to do or due to evens which are beyond our reasonable control.

Brompton Bike Hire only supply products for domestic and private use.  Brompton Bike Hire 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.

Law and Jurisdiction

These Terms, and any dispute or claim arising out of or in connection with these terms and conditions of Terms, shall be governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales.

Third Party Rights

Only you and Brompton shall be entitled to enforce these Terms.  No other person shall be entitled to enforce any of these Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, Brompton Bike Hire may transfer our rights and obligations under these Terms to another organisation. Brompton Bike Hire will always tell you in writing if this happens and will ensure that the transfer does not affect your rights under these Terms..

Online Dispute Resolution

Brompton currently does not participate in the alternative dispute resolution procedure accessible through the EU Online Dispute Resolution Website.

Changes to these Terms

Brompton Bike Hire Ltd., reserves the right to change and update these Terms from time to time, in order to reflect changes in law or best practice, changes in their business practices, or to deal with additional features of functionalities which Brompton Bike Hire Ltd., may introduce to their Website or products available via their Website.

Brompton Bike Hire Ltd., will notify you in advance of any material changes to these Terms via messaging on their website. By continuing to use their Website after changes are notified and have come into effect, you are accepting those changes and will be bound by them. If you do not agree to any changes, you should immediately cease using the Website.  However, the terms and conditions that apply to the contract for any purchase of our products shall be those that were in force at the time the contract was formed.