Terms of service

Standard Terms and Conditions

Terms were last updated on 10th May 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.ridebrompton.com (the ‘Website’) and (if applicable) sign up to our subscription service and hire a Brompton Bicycle.

Please read these Terms carefully before using any aspect of the Website as, by accessing or using the Website and (if applicable) by subscribing for our hire service, you indicate that you accept these Terms and agree to abide by them, and you will be deemed to have entered into a contract based upon these Terms, which contract will be deemed formed between you and Brompton Bicycle Inc. with an address at 55 Washington Street, Ste 253A, Brooklyn, New York 11201.  If you do not agree to these Terms, you must not use or access the Website.

We will process any personal data provided to us in line with our privacy policy.

In these Terms we use ‘Brompton’, ‘we’, ‘our’ and ‘us’ to refer to Brompton Bicycle Inc.

Defined Terms

The following definitions are used in these Terms:

“Brompton Bicycle” means any bicycle hired by you using the Service;

“Brompton Released Parties” means, collectively, (i) Brompton Bicycle Inc. and all of its owners, officers, directors, managers, affiliates, employees, agents, representatives, successors, and assigns, (ii) any lender to Brompton and all of such lender's owners, officers, directors, managers, affiliates, employees, agents, representatives, successors, and assigns, and (iii) every sponsor of any of the Services and all of the sponsor’s owners, officers, directors, managers, affiliates, employees, agents, representatives, successors, and assigns; and

“Service” means the ability to hire a Brompton Bicycle and access the Website.

Subscription

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

To subscribe simply click on the service that you wish to purchase and complete the information required.    Once your subscription request has been received and accepted, we will make arrangements for the delivery of a Brompton Bicycle to you. 

Your subscription request is an offer by you to purchase the service from us.  We may refuse to accept or fulfil any order in our absolute discretion. 

Price and Payment

The price of our hire services will be as quoted on the Website from time to time, except in the case of obvious error.  All prices are displayed in USD exclusive of US sales tax where applicable. Applicable taxes will be calculated at checkout and payable by you.

 During the subscription process you will be asked to sign up to make payments by credit card.

The start date of your subscription will be the date the first payment has been taken.  Subsequent payments will be deducted from your credit card on the same date each month or the next working day.

You agree not to cancel your credit card used for the subscription without first telling us and providing an alternative card from which we can collect payments.

You expressly represent and warrant to Brompton that you are authorized to use such credit card. You authorize Brompton to charge your credit card for all charges incurred by you and for all applicable sales taxes and other local government charges in connection with the Service. In the event you dispute any charges, then you must contact Brompton within five (5) business days of your receipt of the applicable billing statement containing the disputed charges otherwise you will be deemed to have accepted such charges and waive your right to dispute same.

Delivery

Brompton Bicycle will only be dispatched once the payment has been received by us. Our Customer Support Team will provide you with an estimated date when a Brompton 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 will be given the option to cancel your subscription request.

Hire

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

The Brompton Bicycle provided to you remains our property at all times and you have no right or interest in it otherwise as bailee.

Your Obligations

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

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

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

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

You must promptly arrange for the Brompton 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 Brompton Bicycle safely at all times.

You must not take or use the Brompton Bicycle outside the United States of America without our prior written consent.

Your use of the Brompton Bicycle is also subject to the following:

  • You may not violate any applicable federal, state, or local law or ordinance, or any command or instruction from law enforcement personnel, including those for bicycle riders.
  • You may not operate a Brompton Bicycle while under the influence of any mind altering substances (e.g., alcohol, drugs, or medication), or other substance that may impair your ability to safely operate a Bicycle.
  • You may not use a Brompton Bicycle off-road (e.g., roads, property or routes not designated for bicycles or electric pedal-assist bicycles, as applicable), nor for racing, pace making, nor testing the Brompton Bicycle’s reliability and speed.
  • You must limit or adjust your riding behavior and braking distance to suit the weather conditions.
  • You may not operate a Brompton Bicycle in poor or dangerous weather or road conditions, which could make it more dangerous to operate a Brompton Bicycle.
  • You may not ride a Brompton Bicycle while carrying any item that impedes or may impede your ability to safely operate the Brompton Bicycle.
  • You may not use or wear any electronic device (e.g., mobile phone, tablet, computer, portable music player, or other handheld or other device) that may distract you from safely operating a Brompton Bicycle.
  • You may not carry, tow, or otherwise transport another person (including a child) or pet using a Brompton Bicycle or in the basket.
  • You may not modify, dismantle, write on, or otherwise alter or deface a Bicycle or any part of a Brompton Bicycle in any way. You may not write on, peel, or otherwise modify or deface any sticker on a Brompton Bicycle in any way. You may not use a Brompton Bicycle for any advertising or similar commercial purpose.
  • You may not attach anything to a Brompton Bicycle, including baskets, cup-holders, electric drives, child seats, trailers or tandem bicycles.
  • You may not exceed the maximum weight limit for a Brompton Bicycle (242 pounds).
  • You may not leave the Brompton Bicycle in your possession unattended at any time.

YOU UNDERSTAND AND ASSUME THE RISKS OF YOUR VIOLATION OF ANY ACT SET OUT IN THIS SECTION. SUCH RISKS ARE SIGNIFICANT AND INCLUDE INJURY OR DEATH TO YOU AND OTHERS, DAMAGE TO OR DESTRUCTION OF YOUR AND OTHERS’ PROPERTY, AND THE POTENTIAL THAT YOU WILL BE CITED OR ARRESTED FOR VIOLATION OF APPLICABLE LAWS.

You are personally responsible for:

  • all your belongings whilst using the Service;
  • the charges that you incur by using the Service;
  • observing all applicable laws and regulations when using the Service, including but not limited to, these Terms;
  • taking reasonable care of the Brompton Bicycle you use as part of the Service;
  • your use of the Brompton Bicycle;
  • using the Brompton Bicycle made available to you in accordance with the instructions provided by Brompton and with all reasonable care and attention to your own and other people’s safety;
  • ensuring that you are competent at folding and unfolding the Brompton Bicycle. To support this there is an unfold/fold video on www.bromptonhire.com.

Our Obligations

We will ensure that the Brompton 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 Brompton Bicycle is damaged or not in good working order.

Should your Brompton 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 Brompton Bicycle.

Damage, Theft or Loss or Bike

Once your Brompton Bicycle has been delivered to you, risk in that Brompton Bicycle passes to you and you are responsible for any loss, theft, or damage to that Brompton 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 Brompton Bicycle and against any loss, damage or injury caused by the Brompton Bicycle.

You must promptly notify us at https://us.brompton.com/support/contact-us/email of (i) any loss or damage to the Brompton Bicycle, (ii) or any loss or damage caused by your use of the Brompton Bicycle; or (iii) if the Brompton Bicycle is stolen or you suspect it has been stolen.  If any of these events occurs, you will still be responsible for making all remaining hire payments due under the minimum term of your hire and for any default payment due. Default payments will be calculated according to the severity of damage to the Brompton Bicycle.  Loss, theft or irreparable damage to the Brompton Bicycle will be subject to a default payment of USD786 (‘Default Payment’).

If the Brompton Bicycle is stolen whilst in your care, 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 as soon as possible at https://us.brompton.com/support/contact-us/email.

In respect of any accident or theft, Members must provide accurate statements and co-operate with all our reasonable requests for information and/or documentation. If a Brompton 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 USD121 for the subsidised replacement of the Brompton Bicycle. Please be advised our 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 USD786 for the full replacement cost of Brompton Bicycle.

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

Guidance:

  1. Only leave your Brompton Bicycle unattended when stored in a securely locked room or building, for example your house or secure office.
  2. Do not take your Brompton Bicycle outside of the United States of America as insurance cover provided by us will not apply.
  3. There is no protection for any equipment attached to your Brompton Bicycle which is not critical to its operation.
  4. Failure to provide correct and accurate information requested by us when taking out your subscription (e.g., references / proof of identity) will mean that our fleet insurance cover will not apply.
  5. Do not use your Brompton Bicycle for any competition including massed start events, or events ranked by result or for which a prize or score is awarded.
  6. Do not participate in any stunts or use equipment specifically designed for undertaking stunts.
  7. You must notify us promptly about any loss or damage of your Brompton Bicycle by contacting us at  https://us.brompton.com/support/contact-us/email
  8. You must cooperate in our investigation following an incident including providing evidence of any loss or damage as requested.
  9. Only you, the registered subscriber, may use the Brompton Bicycle.

In the event that there is any shortfall between the cost of making good the damage to the Brompton Bicycle or compensating us for its loss or theft and the pay-out received under our 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 Brompton Bicycle, please let us know by contacting us at https://us.brompton.com/support/contact-us/email.

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

If the Brompton Bicycle has already been delivered during the cancellation period, 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 Brompton Bicycle to us no later than 14 days from the day on which you communicate your cancellation of the agreement with us.

If you have not taken proper care of the Brompton Bicycle, or there is damage which is more than was necessary for you to determine the characteristics and functioning of the Brompton 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 Brompton 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.

If you have subscribed for the Annual service, your hire of a Brompton 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 at https://us.brompton.com/support/contact-us/email 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 Brompton Bicycle becomes lost, stolen or damaged;
(iii) are presented with, or suffer, a bankruptcy petition; or
(iv) enter into, or take 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 Brompton Bicycle and, under an order of the Court or with your consent given at that time, enter any premises where the Brompton 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 Brompton 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 Brompton 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 we will contact you to arrange the return of the Brompton Bicycle to us. Once the Brompton 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 Brompton 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.

Complaints

We always try to offer the best service possible.  However, if you are unhappy with any service provided by us please contact us at https://us.brompton.com/support/contact-us/email.  We will do our best to resolve your complaint as quickly and as fairly as possible.

Prohibited uses of the Website

In using the Website, you are prohibited from:

  • any unlawful use or any use inconsistent with these Terms including acting fraudulently or maliciously – for example, any hacking into or inserting malicious code, such as viruses, or harmful data, into the Website, any service or operating system.
  • infringing our intellectual property rights or those of any third party in relation to your use of the Website.
  • transmitting any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Website.
  • using the Website in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  • collecting or harvesting any information or data from any Website or our systems or attempting to decipher any transmissions to or from the servers running any Website.

Intellectual Property Rights

All intellectual property rights in the Website and any and all material published on or available via the Website (including but not limited to text, graphics, photos, logos, button icons, images, trademarks, audio and audio visual clips, databases, data compilations, documents, data and software) throughout the world belong to us (or our licensors) and the rights in the Website and any such material are licensed (not sold) to you subject to these Terms. You have no rights in, or to, the Website or the material published on or available via the Website other than the limited right of use in accordance with these Terms. For the avoidance of doubt, you may not, without our prior written consent:

  • copy, reproduce, use or otherwise deal with any content on the Website.
  • modify, distribute or re-post any content on the Website for any purpose; or
  • commercially exploit the content of the Website.

Computer Viruses

We will use reasonable endeavours to ensure that no part of the Website will contain or spread any viruses or other malicious code. However, we recommend that you ensure that computers/devices used to access the Website run up-to-date anti-virus software as a precaution.

Our Liability to You

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.

We are only responsible for direct losses that are a foreseeable consequence of our breach of these Terms.  We will not be liable to you to the extent we 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 events which are beyond our reasonable control.

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.

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. However, we may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and will ensure that the transfer does not affect your rights under these Terms.

Ending Your Rights under these Terms

We may end your rights to use the Website if you break these Terms in a serious way. If you can put what you have done right, we may give you a reasonable opportunity to do so.

If we end your rights to use the Website you must stop all activities authorised by these Terms, including your use of the Website.

Changes to these Terms

These Terms contain the complete, final, and exclusive integrated agreement between you and Brompton with respect to the matter matters set out herein and supersede all other prior agreements, written or oral, relating to that subject matter.

You expressly acknowledge and agree that at any time, and from time to time, and without your consent, Brompton may unilaterally amend, modify, or change these Terms, in its sole discretion without any notice or cause, and by continuing to use any Services after any amendment, modification, or change, you have expressly acknowledged and agreed to be bound by all such amendments, modifications, and changes. Accordingly, You must carefully review these Terms on a regular basis to maintain awareness of all amendments, modifications, and changes.

Helmets and Safety

Brompton strongly encourages you to wear a Snell, CPSC, ANSI, or ASTM approved helmet that has been properly sized, fitted, and fastened, according to the manufacturer’s instructions when using a Brompton Bike. Notwithstanding the foregoing, you expressly acknowledge and agree that although wearing a Snell, CPSC, ANSI, or ASTM approved helmet, properly sized, fitted, and fastened, while cycling may protect against an injury or may lessen the severity of an injury caused by an impact to the head; such helmets do not protect against all head injuries, and do not protect against other injuries. THE Brompton Released Parties DO NOT REPRESENT OR WARRANT THE QUALITY OR SAFETY CHARACTERISTICS OF ANY HELMET, AND YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE Brompton Released Parties ARE NOT LIABLE FOR ANY INJURY SUFFERED BY YOU WHILE USING ANY OF THE SERVICES, WHETHER OR NOT YOU ARE WEARING A HELMET AT THE TIME OF INJURY. YOU ASSUME ALL RISK OF NOT WEARING A HELMET OR OTHER PROTECTIVE EQUIPMENT. You further acknowledge and agree that, when using a Brompton Bicycle, you might need to take additional safety measures and precautions that are not specifically addressed in these Terms.

Your Representation of Fitness and Competency

You agree that You:

  1. know how to safely and competently operate a bicycle;
  2. do not have an underlying medical condition that would prevent you from safely and competently operating a bicycle;
  • are sufficiently fit and physically capable to safely ride a bicycle without any risk to your health;
  1. are knowledgeable about the laws pertaining to bicycles operated within the jurisdictions that cycle in.

RIDING A BICYCLE MAY CAUSE MINOR OR MAJOR INJURIES OR DISCOMFORT AND MAY WORSEN OR COMPLICATE UNDERLYING MEDICAL CONDITIONS OR DISEASES. BY CHOOSING TO RIDE A BICYCLE, YOU ASSUME ALL RESPONSIBILITIES AND RISKS FOR ALL SUCH INJURIES OR OTHER MEDICAL CONDITIONS.

You represent, warrant, and agree that Brompton is not responsible for providing or maintaining bicycle lanes or any other place where you may ride Bicycles, and that Brompton does not guarantee that there will always be a safe place to ride a Brompton Bicycle. Roads, bicycle lanes, and bicycle routes may become dangerous due to weather, traffic, or other hazards.

Brompton provides Brompton Bicycles only as a convenience and recreational activity, not as a public service, and such availability is intended to be used only by those persons who are able and qualified to operate a Brompton Bicycle on their own and who have agreed to all terms and conditions of these Terms.

Severability

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. 

No Waiver

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 does not mean that we 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. 

Cumulative Rights

All rights and remedies granted by Brompton in these Terms are cumulative and nonexclusive, and Brompton’s election of a remedy does not preclude the availability or applicability of another or to any other right, remedy or defense provided at law or in equity.

Governing Law and Jurisdiction

All matters arising out of or relating to these Terms shall be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would result in the application of the law of any other jurisdiction.  Any legal suit, action, or proceeding arising out of or based upon these Terms or the transactions contemplated hereby may be instituted in the federal courts of the United States of America or the courts of the State of New York in each case located in the City of New York and County of New York, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. Service of process, summons, notice or other document by mail to such party’s address shall be effective service of process for any action brought in any such court.

Waiver of Jury Trial

EACH PARTY ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY WHICH MAY ARISE UNDER THESE TERMS IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH SUCH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED BY IT.

Class Action Waiver

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. You will not seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and You hereby waive any right to assert consolidated claims with respect to any disputes subject to arbitration under these Terms or any disputes between the parties. No proceeding will be combined with another without the prior written consent of all parties to all affected or proceedings.