Terms and Conditions
We have two sets of terms and conditions for members, please make sure you chose the right one for you from the options below:
Standard Terms and Conditions
These are our terms and conditions for standards members, including those who have their membership fees and/or hire charges PART subsidised or discounted by their employer or other organisation.
- The contract
These terms and conditions apply to your use of the Brompton Bike registration and hire service. Please ensure you read and understand these Terms prior to registering for the Service. By ticking the box to signify your consent to these Terms you agree to be bound by them; if you do not agree to these Terms please do not register for or use the Service. Upon registration for the Service a contract based upon these Terms will be formed between you and Brompton Bike Hire Limited (Registered Company No. 7292744) with registered office at Unit1 Ockham Drive, Greenford, Middlesex UB6 0FD.
If at any time you have a query or a complaint in relation to the Service please contact Brompton Bike Hire via one of the following methods:
Email: [email protected]
Telephone: 020 4538 3225
Postal Address: Unit 1 Ockham Drive, Greenford, Middlesex UB6 0FD
For general details and information about the service please visit our website: bromptonhire.com
The following definitions are used in these Terms:
“Annual Membership Fee” means the annual subscription fee set out in paragraph 3 below;
“Brompton Bicycle” means any bicycle hired by the Member using the Service;
“Charges” means the charges for bromptonhire.com the hire of Brompton bicycles and the Service set out in paragraph 3 below;
“Docks” means the dock where the Brompton bicycles are stored and from which Members may hire Brompton bicycles;
“Exclusive Networks” means those networks of Docks designated as such at bromptonhire.com
“Hire Days” means a period of 24 hours, or part thereof, beginning from the time the Brompton bicycle is removed from the Dock;
“Members” means a person who has registered for the Service by supplying us with certain personal details;
“You” means the Member;
- Eligibility of membership
Acceptance of any person for registration as a Member is at the complete discretion of Brompton Bike Hire. Membership will ordinarily be available to members of the public that meet the following criteria;
- a) be at least 18 years of age;
- b) have a fully operational mobile number;
- c) have a valid credit or debit card; and
- d) be proficient in the use of a bicycle and compliant with the laws governing a bicycles use on public highways
- f) payment structure
Members are charged for membership and for the use of bicycles. These charges are payable by debit card/credit card. It is a requirement for membership to the Service that the user ensures that a valid credit/debit card is always registered on the system. If the registered card expires or is without credit the Member will update the system with a suitable replacement credit/debit card without delay. While you are a Member you agree not to cancel your credit or debit card registered with us without first telling us and providing an alternative card from which we can collect Charges.
Membership subscription fee
You agree to pay the Annual Membership Fee and other Charges for the Service as provided below.
If a Member wishes to cancel its registration at any point within seven (7) days of joining the Service the Member must notify Brompton Bike Hire in writing at [email protected] and upon receipt of such notice Brompton Bike Hire shall refund the Annual Membership Fee as soon as possible, PROVIDED THAT if the Member has incurred any bicycle use tariff Charges since joining the Service the Member shall pay such Charges prior to any cancellation pursuant to this clause.
The current Charges and Annual Membership Fees are set out at bromptonhire.com
Please note that a Hire Day commences at the time a Member obtains a Brompton bicycle from a Dock.
- Conditions of use for members
Any Brompton bicycle dispensed from a Dock by a Member must be used solely by that Member and no other person.
If your use of the Service is subsidised in part by your employer by agreement between your employer and Brompton Bike Hire, you undertake to use the Brompton bicycle mainly for journeys to and/or from your place of work and/or between places of work.
The Member must not use the Brompton bicycle off-road, nor for racing, pace making, nor testing the Brompton bicycle’s reliability and speed.
- Members obligations
It is the Member’s responsibility to update Brompton Bike Hire with any changes to their information and personal data held by Brompton Bike Hire during their Membership. Updates must be made via a Member’s personal account page at https://www.bromptonbikehire.com/account/profile
You are personally responsible for:
(i) all your belongings whilst using the Service;
(ii) ensuring the PIN number issued to you by Brompton Bike Hire is kept private and confidential;
(iii) the Charges that you incur by using the Service;
(iv) observing all applicable laws and regulations when using the Service, including but not limited to, these Terms and the Highway Code;
(v) taking reasonable care of the Brompton bicycles you use as part of the Service;
(vi) returning the Brompton bicycle in the same condition to that when you removed the Brompton bicycle from the Dock (fair wear and tear excluded);
(vii) your use of the Brompton bicycle;
(viii) replacing the Brompton bicycle into the bay of the Dock in accordance with instructions (with the saddle nearest to you and on top a please see the relevant video on bromptonhire.com and refer to your induction)
(ix) ensuring that the bay door is closed and locked after removing and/or replacing a Brompton bicycle;
(x) ensuring that your registration details (in particular your mobile number and payment details) held by Brompton Bike Hire are current and up-to-date;
(xi) using the Docks and Brompton bicycles made available during the Scheme in accordance with the instructions provided by Brompton Bike Hire and with all reasonable care and attention to your own and other people’s safety.
It is the member’s responsibility to ensure that they are competent at folding and unfolding the Brompton bicycle. To support this there is an unfold/fold video on the Brompton Bike Hire website (www.bromptonhire.com) and instructions on the Dock. If the Member is still uncertain then they are strongly recommended to attend a members induction. It is the responsibility of the member to book and complete this induction â for more information please see www.bromptonhire.com
Helmet: Brompton Bike Hire is unable, as part of this service, to provide cycling helmets. However we strongly recommend that a helmet is worn by the member. It is the responsibility of the member to choose to wear a helmet and to ensure that any helmet worn whilst hiring a Brompton bicycle is fit for its purpose.
You must take appropriate care of yourself and the Brompton bicycle when removing and returning the Brompton bicycle from the Dock. It is the Member’s responsibility to ensure that the Brompton bicycle is located and stored in, or removed from, the Dock bay and that the door is shut immediately. If a door to a bay is not shut properly after 3 minutes a security alarm is triggered and alert texts are sent to the Member and the Brompton Bike Hire team. If a Member persistently leaves bay doors open that will constitute a material breach of these terms allowing Brompton Bike Hire to terminate the Memberâs Membership.
You assume total responsibility and custody of the Brompton bicycle from the time that it is dispensed until the time that is it safely returned and securely deposited in a Brompton Bike Hire. Members must return the bike to the dock within 30 days for servicing.
Since you are responsible for any loss of the Brompton bicycle while it is under hire to you, we recommend that you do not deposit the bicycle in public anywhere other than in a Dock (for example, in a left luggage facility), and that you do not at any point during the hire leave the bicycle unattended in public, even if the bicycle is secured by chain or lock. Brompton bicycles left chained or otherwise locked in public places are extremely likely to be targeted by thieves, and the loss of the bicycle whilst under hire to you is your responsibility.
Bicycles from Docks in Exclusive Networks must be returned to a Dock in that Exclusive Network. Members may not return a bicycle from a non-exclusive network Dock to an Exclusive Network Dock. Subject to the foregoing regarding Exclusive Networks, bicycles may be migrated from one Dock to another.
No item other than a Brompton bicycle may be deposited in any bay at any Dock.
You shall communicate to Brompton Bike Hire any loss, theft, deterioration or incident that occurs in relation to the Service, the Brompton Bike Hire, the Brompton bicycle(s) or any other related matter during the period of use by you.
In the case of a fault in respect of the bicycle, the Member must return the Brompton bicycle to the most convenient Dock and report the failure in accordance with the instructions on the Dock. If it is impossible for the Member to move the Brompton bicycle to a Dock, or the bicycle cannot be folded then the Member shall contact the emergency helpline (Tel: 02034740700) to request advice on the course of action to take. You must never abandon a bicycle for any reason.
- Brompton Bike Hire obligations
Please note that sometimes all or part of the Service will not be operational due to circumstances outside of our control. We reserve the right to change the advertised dates and hours of operation of the Service without giving you notice.
We cannot guarantee either that there will always be a Brompton bicycle available for your use at the Dock of your choice or that there will always be an empty bay available for you to deposit a Brompton bicycle under hire by you.
Brompton Bike Hire will ensure all bicycles are maintained to a reasonable standard and are fit for their purpose.
Brompton Bike Hireâs procedures are designed to ensure that any faults are reported promptly by both Members and Brompton Bike Hire employees responsible for maintenance of the bicycles. Brompton Bike Hire will carry out regular checks on all bicycles but Members shall ensure that Brompton Bike Hire is informed (by following the faults procedure on the Dock) of any irregularities as soon as the Member becomes aware.
LIMITATION OF LIABILITY PLEASE READ CAREFULLY
Subject to the remainder of this clause 6 if either we or you fail to comply with these Terms, neither of us shall be liable for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we enter into this contract.
The Service is only supplied for personal and non-commercial use: this means that you may not rent out or otherwise permit other people to use Brompton bicycles accessed by you in the course of this contract, for commercial purposes or gain and without limiting this you agree not to use the Service for any commercial, business or re-sale purpose. Subject to the remainder of this clause 6 below, neither of us shall be liable to the other for losses that result from a failure to comply with these terms which fall into the following categories:
(i) loss or damage incurred as a result of any claims made by a third party;
(ii) loss of profits;
(iii) loss of goodwill;
(iv) loss of business opportunity;
(v) loss of anticipated savings;
(vi) loss of income or revenue; or
(vi) any waste of time.
Nothing in these Terms excludes or limits in any way our liability for:
(i) death or personal injury caused by our negligence;
(ii) fraud or fraudulent misrepresentation; or
(iii) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
- Termination of membership
Members may terminate their Brompton Bike Hire Membership immediately at any time.
If at any time a Member fails to comply with these Terms Brompton Bike Hire may either: (i) suspend that Members use of the Service for such period until the Member complies with these Terms; or (ii) terminate that Members membership of the Service by written notice to the Members email address with immediate effect.
Any monies owed to Brompton Bike Hire at the time of termination of Membership will become immediately due and payable and Members hereby grant Brompton Bike Hire the right to reclaim these amounts immediately from their credit account and/or registered debit/credit card.
- Data protection
All personal data about you will be processed in accordance with our privacy policy, which you must review and approve before you submit any personal data to us. Please see www.bromptonbikehire.com for a copy of our privacy policy.
For the purposes of the Data Protection Act 1998, the data controller in relation to personal data a Member supplies is Brompton Dock Limited, (Registered Company No. 7292744), with registered office at Unit 1 Ockham Drive, Greenford, Middx UB6 0FD. Members hereby consent to Brompton Bike Hire processing, as defined under the Act, any personal data that a Member provides. Brompton Bike Hire will maintain all the personal data a Member gives as part of its records to assist Brompton Bike Hire to maintain and improve the administration and management of the Dock. Members also hereby consent to the processing and recording of their credit/debit card details by Brompton Bike Hireâs secure Payment Service Provider payment partner Sagepay.
We confirm that where we are obliged to do so by law we will disclose certain personal data to the authorities for reasons of security and law enforcement.
- Breakdown, accident & theft
Breakdown
The Member has fifteen minutes from removing a bicycle from a bay to inspect the bicycle to ensure it is in full working order. If it is not in full working order the Member must text Brompton Bike Hire using the fault reporting procedure and provided that this is completed within the first fifteen minutes of any hire period no Charge will be made. Any damage to the bicycle which remains unreported will be charged to the Member.
Any breakdown, fault or damage of a bicycle must be reported at the earliest opportunity to Brompton Bike Hire by text in accordance with the fault reporting procedure on the Dock and set out at bromptonhire.com
If a problem arises that prevents or limits the use of the bicycle or that may compromise any personâs safety, you must immediately cease from using the bicycle, immediately notify Brompton Bike Hire via the fault reporting procedure set out on the Dock and at www.bromptonhire.com and follow Brompton Bike Hire’s instructions. You will provide a brief description of the fault to Brompton Bike Hire upon request.
You must not attempt to repair any bicycle or commission any third party to repair any bicycle.
If the bicycle is so badly damaged that it cannot be folded and deposited in a bay at a Dock, you must call the emergency support line on 02034740700.
Accident
If you have an accident, you should not admit responsibility without informing Brompton Bike Hire and should:
(i) Note down the names and addresses of everyone involved, including any witnesses;
(ii) Make the bicycle secure and inform the police immediately if anyone is injured or there is a disagreement as to the facts; and
(iii) Call the Brompton Bike Hire emergency number on: 02034740700, or alternatively, if it is not an emergency please contact Brompton Bike Hire via email at [email protected]
Theft
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:
- 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.
- E BIKE- If you are a Brompton E Bike hirer you will be charged £1750 for the full replacement cost of the Brompton E Bike.
- 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.
- Violations & Fees
Members agree to pay Brompton Dock Ltd the fees set out below for the specified violations:
Damage and misuse
Members causing damage to or misusing the bicycle or Brompton Bike Hire, will incur the fees charged to Brompton Bike Hire by its bike service agents for the repair of the damage (a copy of the invoice from the Bike Service Agent to Brompton Bike Hire will be supplied to the Member upon request), in addition to an administration charge of £25;
If the bike is lost, stolen or damaged beyond repair a fee of £650 will be charged to the Member, for E bike the cost will be £1750. In the case of loss or theft of the bicycle the aforementioned fee of £650, E bike £1750 minus £75 administration fee will be refunded to the Member if the bicycle is recovered within three months of the bicycle being reported lost or stolen, subject to the deduction of any costs to Brompton Bike Hire for repair or refurbishment of the bicycle.
As a precautionary measure, Brompton Bike Hire may suspend the service to any Member in respect of whom it has received a report of a lost, stolen or damaged bicycle until such time that the damage has been properly investigated and any fees due have been paid in full.
In cases of multiple loss, severe damage or multiple cases of lesser damage, Brompton Bike Hire reserve the right to prohibit the Member from further use of the Service.
User account credit interruption
If a debit card or credit card is declined by the card issuer, leaving the Member with an outstanding balance, then the Member’s access to bicycles will be suspended until full payment is received by Brompton Bike Hire.
PLEASE NOTE: The Member’s agreement to these Terms, or online acceptance of these Terms, shall constitute continuous authority for Brompton Bike Hire to compute and debit all monies due against the Member’s nominated credit or debit card at any time. This includes charges due as a result of theft or loss of, or damage to, the Brompton bicycle and any other costs arising due to the Member’s use of the Brompton bicycle.
You have the right to withdraw from this continuous authority at any time by notifying us in writing at [email protected]. Upon receipt of any such request your membership will be frozen (you will no longer be able to use the Service) and any outstanding Charges deducted from your authorised method of payment. The authority for us to deduct payment from your nominated debit or credit card will end twenty-one (21) days from receipt of your email pursuant to this paragraph.
If a Member breaches these Terms Brompton Bike Hire reserves the right to give a Member’s personal details to credit reference agencies, Customs and Excise, the Police, debt collectors, or any other relevant organisation in contemplation of any legal proceedings pursued by Brompton Bike Hire. By accepting these Terms you consent to our passing your personal details to such third parties in those circumstances.
- Amendments
Our support staff, representatives, contractors, and agents do not have authority to make individual exceptions or variations to these Terms.
Brompton Bike Hire reserves the right to amend these Terms from time to time as it sees fit or necessary.
When any changes to the Terms are made Members will be notified of the proposed changes by email using the contact details most recently provided by the Member. A Member may indicate acceptance of the new Terms by continuing their Membership of Brompton Bike Hire beyond 28 days after the date of being notified of the change or by written confirmation (either by post or by email or both).
If a Member wishes to decline the proposed changes to the Terms, they may do so at any time within 28 days of being notified of the change by terminating their Brompton Bike Hire Membership
- Force majeure
We will always try to run a reliable Service but Brompton Bike Hire shall not be liable for either a failure to perform or delay in performing any of its obligations if, and in so far as, performance is delayed, hindered or prevented by force majeure event, which expression shall mean any event beyond the reasonable control of Brompton Bike Hire.
- General
If any court or competent authority decides that any of the provisions of these Terms is invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms which shall continue to be valid to the fullest extent permitted by law.
If we fail at any time while these Terms are in force to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights and remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
Only you and we have rights under these Terms. No other person shall have rights under these Terms. You may not transfer any of your rights under these Terms to another person.
- Governing law
These Terms shall be governed by English law and if any dispute arises between us and you want to take court proceedings, you must do so in the English courts.
Bike Pool Terms and Conditions
These are our terms and condition for our members that have ALL of their membership fees and hire charges paid for by their employer or another organisation.
1. The contract
These terms and conditions (“Terms”) apply to your use of the Brompton Bike Hire registration and hire service (“the Service”). Please ensure you read and understand these Terms prior to registering for the Service. By ticking the box to signify your consent to these Terms you agree to be bound by them; if you do not agree to these Terms please do not register for or use the Service. Upon registration for the Service a contract based upon these Terms will be formed between you and Brompton Dock Limited (Registered Company No. 7292744) with registered office at Kew Bridge Distribution Centre, Lionel Road South, Brentford, Middlesex TW8 9QR (âBrompton Bike Hireâ or âweâ, âourâ or âusâ).
If at any time you have a query or a complaint in relation to the Service please contact Brompton Bike Hire via one of the following methods:
Email: [email protected]
Telephone: 0204 538 3225
Postal Address: Unit 1 Ockham Drive, Greenford, Middlesex UB6 0FD
For general details and information about the Service please visit our website: bromptonbikehire.com
The following definitions are used in these Terms:
“Approved Employee” means an individual confirmed by the Employer to Brompton Bike Hire as (i) being employed or engaged by the Employer and (ii) meeting the Employerâs published criteria for subsidy of such Memberâs use of the Service;
“Brompton bicycle(s)” means the bicycle(s) hired by the Member using the Service;
“Dock” means the dock where the Brompton bicycles are stored and from which Members may hire Brompton bicycles;
“Employer” means the person which engages or employs the Member;
“Exclusive Network” means those networks of Brompton Bike Hire designated as such at bromptonbikehire.com
“Member” means a person who has registered for the Service by supplying us with certain personal details and either an approved email address or unique promotional code;
“you” means the Member;
2. Registration for membership
To register as a Member under the Employer-Subsidised Hire Contract, you must (i) complete the registration process on our website, supplying the personal information requested by Brompton Bike Hire; and (ii) provide, in the course of registration, your approved email address (which you must verify by following the link sent to you) or unique promotional code issued to you by your Employer. Brompton Bike Hire will confirm to you within a reasonable time of your application to register whether your email address or unique promotion al code are accepted for registration.
3. Charges
Unless your use of the Service is terminated or suspended by Brompton Bike Hire in accordance with these Terms, all charges for your use of the Service are paid for by the Employer. If Brompton Bike Hire is informed by the Employer or has reason to believe that you have ceased to be an Approved Employee at any time and provided that you have not been in breach of any of these Terms, you will be permitted to continue to use the Service. If you wish to continue to use the Service and you have not been in breach of these Terms you will be required to re-register as a Member on a different account subject to our general Terms and Conditions of Hire and Use available to members of the public. Such use will be subject to our standard charges at the relevant time.
4. Conditions of use for Members
Any Brompton bicycle dispensed from a Brompton Bike Hire by a Member must be used solely by that Member and no other person.
The Member must not use the Brompton bicycle off-road, nor for racing, pace making, nor testing the Brompton bicycleâs reliability and speed.
5. Membersâ obligations
It is the Member’s responsibility to update Brompton Bike Hire with any changes to their information and personal data held by Brompton Bike Hire during their Membership. Updates must be made via a Memberâs personal account page at bromptonbikehire.com
You are personally responsible for:
(i) all your belongings whilst using the Service;
(ii) ensuring the PIN number issued to you by Brompton Bike Hire is kept private and confidential;
(iii) observing all applicable laws and regulations when using the Service, including but not limited to, these Terms and the Highway Code;
(iv) taking reasonable care of the Brompton bicycles you use as part of the Service;
(v) returning the Brompton bicycle in the same condition to that when you removed the Brompton bicycle from the Dock (fair wear and tear excluded);
(vi) your use of the Brompton bicycle;
(vii) replacing the Brompton bicycle into the bay of the Dock in accordance with instructions (with the saddle nearest to you and on top â please see instructions on the Dock and the relevant video on www.bromptonbikehire.com)
(viii) ensuring that the bay door is closed and locked after removing and/or replacing a Brompton bicycle;
(ix) ensuring that your registration details (in particular your mobile number) held by Brompton Bike Hire are current and up-to-date;
(x) using the Docks and Brompton bicycles made available during the Service in accordance with the instructions provided by Brompton Bike Hire and with all reasonable care and attention to your own and other peopleâs safety.
It is your responsibility to ensure that you are competent at folding and unfolding the Brompton bicycle. To support this there is an âunfold/foldâ video on the Brompton Bike Hire website (www.bromptonbikehire.com) and instructions on the Dock. If you are still uncertain then you are strongly recommended to request further support via www.bromptonbikehire.com.
Helmet: Brompton Bike Hire is unable, as part of this Service, to provide cycling helmets. However, we strongly recommend that you wear a helmet. It is your responsibility to choose to wear a helmet and to ensure that any helmet worn whilst hiring a Brompton Bike Hire bicycle is fit for its purpose.
You must take appropriate care of yourself and the Brompton bicycle when removing and returning the Brompton bicycle from the Dock. It is your responsibility to ensure that the Brompton bicycle is located and stored in, or removed from, the Dock bay and that the door is shut immediately. If a door to a bay is not shut properly after 3 minutes a security alarm is triggered and alert texts are sent to the Member and the Brompton Bike Hire team. If a Member persistently leaves bay doors open that will constitute a material breach of these terms allowing Brompton Bike Hire to terminate the Memberâs Membership.
You agree not to deposit the bicycle in public anywhere other than in a Brompton Bike Hire (for example, in a left luggage facility), and not at any point during the hire to leave the bicycle unattended in public, even if the bicycle is secured by chain or lock. Brompton bicycles left chained or otherwise locked in public places are extremely likely to be targeted by thieves. You may be charged by your Employer for any loss of any Brompton bicycle during the period of use by you.
Bicycles from Docks in Exclusive Networks must be returned to a Dock in that Exclusive Network. Members may not return a bicycle from a non-exclusive network Dock to an Exclusive Network Dock. Subject to the preceding sentence, bicycles may be migrated from one Dock to another.
No item other than a Brompton bicycle may be deposited in any bay at any Dock.
You shall communicate to Brompton Bike Hire any loss, theft, deterioration or incident that occurs in relation to the Service, the Brompton Bike Hire, the Brompton bicycle(s) or any other related matter during the period of use by you.
In the case of a fault in respect of the Brompton bicycle, the Member must return the Brompton bicycle to the most convenient Dock and report the failure in accordance with the instructions on the Dock. If it is impossible for the Member to move the Brompton bicycle to a Dock, or the Brompton bicycle cannot be folded then the Member shall contact the emergency helpline (Tel: 02034740700) to request advice on the course of action to take. You must never abandon a Brompton bicycle for any reason.
6. Brompton Bike Hire obligations
Please note that sometimes all or part of the Service will not be operational due to circumstances outside of our control. We reserve the right to change the advertised dates and hours of operation of the Service without giving you notice.
We cannot guarantee either that there will always be a Brompton bicycle available for your use at the Dock of your choice or that there will always be an empty bay available for you to deposit a Brompton bicycle under hire by you.
Brompton Bike Hire will endeavor to ensure all bicycles made available for hire are maintained to a reasonable standard and are fit for their purpose.
Brompton Bike Hire’s procedures are designed to ensure that any faults are reported promptly by both Members and Brompton Bike Hire employees responsible for maintenance of the bicycles. Brompton Bike Hire will carry out regular checks on all bicycles but Members shall ensure that Brompton Bike Hire is informed (by following the faults procedure on the Dock) of any irregularities as soon as the Member becomes aware of the same.
LIMITATION OF LIABILITY – PLEASE READ CAREFULLY
Subject to the remainder of this clause 6 if either Brompton Bike Hire or you fail to comply with these Terms, neither of us shall be liable for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms. Loss or damage is foreseeable if it was an obvious consequence of the breach or if it was contemplated by you and us at the time we enter into this contract.
The Service is only supplied for personal and non-commercial use: this means that you may not rent out or otherwise permit other people to use Brompton bicycles accessed by you in the course of this contract, for commercial purposes or gain and without limiting this you agree not to use the Service for any commercial, business or re-sale purpose. Subject to the remainder of this clause 6 below, neither of us shall be liable to the other for losses that result from a failure to comply with these terms which fall into the following categories:
(i) loss or damage incurred as a result of any claims made by a third party;
(ii) loss of profits;
(iii) loss of goodwill;
(iv) loss of business opportunity;
(v) loss of anticipated savings;
(vi) loss of income or revenue; or
(vi) any waste of time.
Nothing in these Terms excludes or limits in any way the liability of either party for:
(i) death or personal injury caused by the negligence of that party;
(ii) fraud or fraudulent misrepresentation; or
(iii) any other matter for which it would be illegal or unlawful for that party to exclude or attempt to exclude its liability.
7. Termination of Membership
Members may terminate their Brompton Bike Hire Membership immediately at any time.
If at any time a Member fails to comply with these Terms Brompton Bike Hire may either: (i) suspend that Memberâs use of the Service for such period until the Member complies with these Terms; or (ii) terminate that Memberâs membership of the Service by written notice to the Memberâs email address with immediate effect.
8. Data protection
All personal data about you will be processed in accordance with our privacy policy, which you must review and approve before you submit any personal data to us. Please see www.bromptonbikehire.com for a copy of our privacy policy.
For the purposes of the Data Protection Act 1998, the data controller in relation to personal data a Member supplies is Brompton Dock Limited, (Registered Company No. 7292744), with registered office at Kew Bridge Distribution Centre, Lionel Road South, Brentford, Middlesex TW8 9QR. Members hereby consent to Brompton Bike Hire processing, as defined under the Act, any personal data that a Member provides. Brompton Bike Hire will maintain all the personal data a Member gives as part of its records to assist Brompton Bike Hire to maintain and improve the administration and management of the Brompton Bike Hire scheme.
Brompton Bike Hire confirms that where it is obliged to do so by law it will disclose certain personal data to the authorities for reasons of security and law enforcement.
9. Insurance
You acknowledge and understand that Brompton Bike Hire cannot take responsibility for your actions whilst you are using the Service and cycling on a Brompton bicycle. We therefore strongly recommend that you arrange insurance in relation to your use of the Service. Brompton Bike Hire do not maintain any insurance in respect of your use of the Dock or the Brompton bicycles via the Service.
10. Breakdown, accident & theft
Breakdown
The Member has fifteen minutes from removing a bicycle from a bay to inspect the bicycle to ensure it is in full working order. If it is not in full working order the Member must text Brompton Bike Hire using the fault reporting procedure. Any damage to the bicycle which remains unreported after this period may be charged to the Member by the Employer.
Any breakdown, fault or damage of a bicycle must be reported at the earliest opportunity to Brompton Bike Hire by text in accordance with the fault reporting procedure on the Dock and set out at www.bromptonbikehire.com
If a problem arises that prevents or limits the use of the bicycle or that may compromise any person’s safety, you must immediately cease using the Brompton bicycle, immediately notify Brompton Bike Hire via the fault reporting procedure set out on the Dock and at www.bromptonbikehire.com and follow Brompton Bike Hire’s instructions.
You will provide a brief description of the fault to Brompton Bike Hire upon request.
You must not attempt to repair any Brompton bicycle or commission any third party to repair any Brompton bicycle.
If the Brompton bicycle is so badly damaged that it cannot be folded and deposited in a bay at a Dock, you must call the emergency support line on 02034740700.
Accident
If you have an accident, you should not admit responsibility without informing Brompton Bike Hire and should:
(i) note down the names and addresses of everyone involved, including any witnesses;
(ii) make the bicycle secure and inform the police immediately if anyone is injured or there is a disagreement as to the facts; and
(iii) call the Brompton Bike Hire emergency number on: 02034740700, or alternatively, if it is not an emergency please contact Brompton Bike Hire via email at [email protected]
Theft
If the bicycle is stolen during a period of hire by you, you should:
Note down the exact location and time of theft, name and addresses of any witnesses and inform the police immediately. The police will issue a crime number that should be carefully recorded and retained. Email Brompton Bike Hire as soon as possible on: [email protected]
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.
11/ Damage and misuse
You may be charged by your Employer for loss, damage to or misuse of any Brompton bicycle used in the course of the Service.
As a precautionary measure, Brompton Bike Hire may suspend the Service to any Member in respect of whom it has received a report of a lost, stolen or damaged bicycle until such time that the damage has been properly investigated.
In cases of frequent loss, severe damage or multiple cases of lesser damage, Brompton Bike Hire reserve the right to prohibit the Member from further use of the Service.
If a Member breaches these Terms Brompton Bike Hire reserves the right to give a Member’s personal details to Customs and Excise, the Police, or any other relevant organisation in contemplation of any legal proceedings pursued by Brompton Bike Hire. By accepting these Terms you consent to our passing your personal details to such third parties in those circumstances.
12/ Amendments
Our support staff, representatives, contractors, and agents do not have authority to make individual exceptions or variations to these Terms. Any variation to these terms must be signed in writing by a Director of Brompton Bike Hire.
Brompton Bike Hire reserves the right to amend these Terms from time to time as it sees fit or necessary.
When any changes to the Terms are made Members will be notified of the proposed changes by email using the contact details most recently provided by the Member. A Member may indicate acceptance of the new Terms by continuing their Membership of Brompton Bike Hire beyond 28 days after the date of being notified of the change or by written confirmation (either by post or by email or both).
If a Member wishes to decline the proposed changes to the Terms, they may do so at any time within 28 days of being notified of the change by terminating their Brompton Bike Hire Membership.
13. Force majeure
We will always try to run a reliable Service but Brompton Bike Hire shall not be liable for either a failure to perform or delay in performing any of its obligations if, and in so far as, performance is delayed, hindered or prevented by any event beyond the reasonable control of Brompton Bike Hire.
14. General
If any court or competent authority decides that any of the provisions of these Terms is invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms which shall continue to be valid to the fullest extent permitted by law.
If we fail at any time while these Terms are in force to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights and remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
Only you and we have rights under these Terms. No other person shall have rights under these Terms. You may not transfer any of your rights under these Terms to another person.
15. Governing law
These Terms shall be governed by English law and if any dispute arises between us and you wish to commence or continue court proceedings, you must do so only in the English courts.