Subscription Rental Terms & Conditions

Subscription Rental Terms & Conditions

1. Interpretation

1.1 The following definitions and rules of interpretation apply in this agreement. Lessor means Deliver-E Ltd trading as Hurrecane; Lessee means the customer named in the Order. The Order identifies the Equipment, package, monthly price and selected options. Base Rental Payments means the monthly hire payments excluding optional cover charges. Site means the location where the Equipment is kept.

• Business Day: a day, other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

• Commencement Date: the date on which the Order is placed.

• Delivery: the transfer of physical possession of the Equipment to the Lessee at the location specified in the Order.

• Delivery Date: Date on which the Equipment is delivered to the Lessee.

• Deposit: £110 for Standard and Self Service subscriptions and £200 for the Delivery package. No deposit is payable under NHS schemes or Shrewsbury Moves.

• Equipment: the items of equipment listed in the Order, all substitutions, replacements or renewals of such equipment and all related accessories, manuals and instructions provided for it.

• Rental Payments: the payments made by or on behalf of Lessee for hire of the Equipment under the Rental Payments and Deposit section of these terms.

• Rental Period: the period of hire as set out in the Rental Period section.

• Replacement Cost: £1,200 including VAT where the Lessee is liable for loss or theft without valid cover or a damage write-off, less any Deposit held. For Shrewsbury Moves, the specific charges in section 19 apply instead.

• Risk Period: the period during which the Equipment is at the risk of the Lessee as set out in the Title, Risk & Insurance section.

• Total Loss: the Equipment is, in the Lessor’s reasonable opinion or the opinion of its insurer, damaged beyond economical repair or incapable of safe restoration, lost, stolen, seized or confiscated. Whether the Lessee is liable, and the charges and ending rules that apply, are determined by sections 6, 8, 13 and, for Shrewsbury Moves, section 19.

• VAT: value added tax or any equivalent tax chargeable in the UK.

These terms

1.2 What these terms cover. These are the terms and conditions on which we hire equipment to you, the Customer. These terms apply to Standard, Self Service, Delivery, NHS scheme and Shrewsbury Moves subscriptions. Shrewsbury Moves is governed by these same terms together with section 19, which sets out its specific scheme provisions and takes precedence where they differ. Nothing in these terms limits rights or liabilities that cannot lawfully be limited or excluded. For NHS schemes, no deposit is payable; the Order and any scheme terms supplied and accepted before contracting must identify the applicable minimum term, cancellation rules, servicing and cover. Shrewsbury Moves provisions apply only to Shrewsbury Moves.

1.3 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will hire Equipment to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.

1.4 Your attention is drawn in particular to the provisions of the Title, Risk & Insurance and Lessee’s Responsibilities sections. Please read this information very carefully as it contains important information regarding liability and information regarding the safe use of Lithium batteries. Please do not hire an E-Bike from us if you are under the age of 14. Riders aged 14 to 17 require a parent or guardian to sign as the responsible adult contracting party, accepting responsibility for payments and the Equipment before delivery.

2. Information about us and how to contact us

2.1 Who we are. We are Deliver-E Ltd trading as Hurrecane a company registered in England and Wales. Our company registration number is 13053285 and our registered office is at Unit 16 The Vernon Building, Westbourne Street, High Wycombe, HP11 2PX. Our registered VAT number is 409547970.

2.2 How to contact us. You can write to us at hello@hurrecane.bike or to our registered office stated above. For servicing and repairs, use https://hurrecane.bike/pages/help and select Service, or email hello@hurrecane.bike. Give your name, order reference and details of the fault. Do not ride Equipment that may be unsafe.

2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3. Contract for Equipment Hire

3.1 The Lessor shall hire the Equipment to the Lessee subject to these Terms and Conditions.

3.2 The Lessor shall not, other than in the exercise of its rights under these terms or applicable law, interfere with the Lessee’s quiet possession of the Equipment.

4. Rental Period

4.1 For Standard, Self Service and Delivery subscriptions, the Rental Period starts on delivery and continues for a minimum of six months for Standard and Self Service subscriptions, or three months for the Delivery package. After the minimum term it continues until ended on one calendar month’s written notice. Notice may be given in advance so that the subscription ends on the minimum-term anniversary. If you choose to finish before the minimum term, the Deposit is retained and a £20 collection charge is payable, subject to applicable statutory rights and without recovering the same loss twice. Normal collection after the minimum term is free. The Shrewsbury Moves minimum term, notice and early-cancellation provisions are in section 19. For NHS schemes, the applicable term and cancellation rules must be stated in the accepted Order or scheme terms; no deposit-retention charge applies.

5. Your Order

5.1 Our acceptance of your Order takes place when we email you to accept it, at which point a contract comes into existence. If you cancel before delivery after receiving our acceptance, the cancellation charge is £25 within the first five calendar days after acceptance and £70 thereafter. These charges apply only outside applicable statutory cancellation rights and will not exceed our reasonably incurred net loss after mitigation. Any remaining payment will be refunded.

5.2 If we are unable to accept your order, we will inform you of this and will not charge you. This might be because the Equipment you seek to hire is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the equipment or because we are unable to meet a delivery deadline you may have specified.

5.3 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

5.4 Our website is solely for the hire of equipment in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.

6. Rental Payments and Deposit

6.1 The Lessee shall pay the monthly hire fee stated in the Order, including VAT where applicable. The first month is paid in advance of delivery and covers the month beginning on delivery. Subsequent monthly payments are due on the monthly anniversary of delivery. For example, delivery on 1 January means the second payment is due on 1 February. Payments are in pounds sterling using the agreed recurring payment method.

6.2 A £10 late-payment administration fee applies once per missed monthly subscription payment. No further £10 fee is charged for automated retries of that same payment.

6.3 All amounts due under this agreement shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

6.4 If the Lessee fails to make a payment due to the Lessor under this agreement by the due date, then, without limiting the Lessor's remedies under the Termination section, the Lessee shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment.

6.5 Interest under this clause will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%.

6.6 The Deposit is a deposit against default by the Lessee of payment of any Rental Payments, any loss of or damage caused to the Equipment, any administration charges for failed payments, any collection of equipment required due to damage and the failure to return battery keys or battery chargers at the end of subscription. The Lessee shall, on the Commencement Date, pay a deposit of £110 for Standard or Self Service, or £200 for the Delivery package, to the Lessor. If the deposit is not paid the Order will be cancelled. This clause and the following two deposit clauses apply only to Standard, Self Service and Delivery subscriptions. No deposit is payable for an NHS scheme or Shrewsbury Moves subscription, regardless of any general package deposit provision. Deposit payment, retention, replenishment and refund provisions do not apply to these schemes.

6.7 If the Lessee fails to make any Rental Payments in accordance with the Rental Payments and Deposit section or causes any loss or damage to the Equipment (in whole or in part), the Lessor shall be entitled to apply the Deposit against such default, loss or damage.

6.8 The Lessee shall pay to the Lessor any sums deducted from the Deposit within ten Business Days of a demand for the same. The Deposit, or its remaining balance after itemised deductions, is refundable within 28 calendar days of collection, subject to any earlier statutory refund deadline.

6.9 Rental Payments continue during reasonable temporary repairs. Where damage for which the Lessee is responsible results in a write-off, Rental Payments and optional cover charges stop when the Lessor confirms the write-off. The applicable write-off charge, existing arrears and applicable fees remain payable. No replacement bike is provided following a damage write-off.

6.10 Following theft, the next two scheduled base monthly Rental Payments remain payable, after which the subscription ends unless the same bike is recovered and restored. Optional theft-cover and damage-cover charges stop immediately following theft. No replacement is provided. Base Rental Payments continue while a recovered bike is being repaired. Existing arrears and properly due charges remain payable.

6.11 The Lessee will continue to be responsible for the Rental Payments whilst the Equipment is undergoing any necessary repairs due to any reason other than fair wear and tear. Repairs and parts supply may cause reasonable temporary downtime without an automatic refund, credit or extension. This does not remove statutory remedies for faults, unreasonable delays or the Lessor’s breach.

6.12 The Lessor shall be entitled, but not obliged, at any time or times without notice to the Lessee to set off the amount of monies due to it by the Lessee against any liability of the Lessor to the Lessee under this agreement.

7. Delivery

7.1 Delivery shall be made by the Lessor. The Lessor shall use all reasonable endeavours to effect Delivery by the Delivery Date. Risk shall transfer in accordance with the Title, Risk & Insurance section of this agreement.

7.2 The cost of Delivery (where applicable) will be displayed to you on our website on completion of your order.

7.3 If our supply of the Equipment is delayed by an event outside of our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund of any rental payments you have paid for to date.

7.4 If you are not at home when we attempt to make a delivery, after we have confirmed a delivery date, we will contact you by email to explain how to rearrange delivery. Please be aware that any failed deliveries will result in a charge of £20 to your account. If you do not contact us to re-arrange the delivery we will contact you for further instructions and may charge you reasonable storage and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract. If you change your mind before accepting delivery, the applicable pre-delivery cancellation provisions apply, subject to statutory rights. The £20 failed-delivery charge also applies where disclosed handover requirements are not met.

7.5 If we deliver the Equipment late or miss the deadline for delivery for any equipment, you may treat the contract as at an end if we have refused to deliver the Equipment, delivery within the deadline was essential and you told us before we accepted the order that delivery by the deadline was essential.

7.6 If a situation arises under the preceding delivery deadline clause and you do not wish to end the contract, you may set a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.

8. Title, Risk & Insurance

8.1 The Equipment shall at all times remain the property of the Lessor, and the Lessee shall have no right, title or interest in or to the Equipment (save the right to possession and use of the Equipment subject to the terms and conditions of this agreement). For Shrewsbury Moves, this is subject to the ownership transfer provisions in section 19.

8.2 The risk of loss, theft, damage or destruction of the Equipment shall pass to the Lessee on Delivery. The Equipment shall remain at the sole risk of the Lessee during the Rental Period and any further term during which the Equipment is in the possession, custody or control of the Lessee (Risk Period) until the Equipment is returned to the Lessor or ownership transfers under section 19. These responsibilities are subject to the cover arrangements below and the Lessor’s statutory obligations. References below to insurance policies, insurers and premiums concern separate insurance arranged with an insurance provider; they do not describe Deliver-E as the insurer. Any separate insurance required under the following provisions must not duplicate risks already covered by the included or optional cover:

8.2.1 insurance of the Equipment against risks not covered by the applicable scheme or optional cover, where separately required and disclosed in the Order. The Lessee is not required to purchase duplicate theft cover for a theft risk already covered by the scheme or active optional theft cover;

8.2.2 insurance for such amounts as a prudent owner or operator of the Equipment would insure for, or such amount as the Lessor may from time to time reasonably require, to cover any third party or public liability risks of whatever nature and however arising in connection with the Equipment; and

8.2.3 insurance against such other or further risks relating to the Equipment as may be required by law, together with such other insurance as the Lessor may from time to time consider reasonably necessary and advise to the Lessee in writing.

8.3 All insurance policies procured by the Lessee shall be endorsed to provide the Lessor with at least twenty Business Days' prior written notice of cancellation or material change (including any reduction in coverage or policy amount) and shall on the Lessor's request name the Lessor on the policies as a loss payee in relation to any claim relating to the Equipment. The Lessee shall be responsible for paying any deductibles due on any claims under such insurance policies.

8.4 The Lessee must notify the Lessor promptly in writing of loss, accident or damage to the Equipment. Theft must be reported within 24 hours of discovery in accordance with the theft-reporting requirements in section 10. Faults apparent on delivery must be reported within five calendar days in accordance with section 9.

8.5 If the Lessee fails to effect or maintain any of the insurances required under this agreement, the Lessor shall be entitled to effect and maintain the same, pay such premiums as may be necessary for that purpose and recover the same as a debt due from the Lessee.

8.6 The Lessee shall, on demand, supply copies of the relevant insurance policies or other insurance confirmation acceptable to the Lessor and proof of premium payment to the Lessor to confirm the insurance arrangements.

8.7 For Standard subscriptions, the Lessor will carry out included servicing and fair wear-and-tear repairs at no extra cost. For Self Service and Delivery subscriptions, the Lessee is responsible for mechanical servicing and maintenance, while the Lessor handles electrical issues and faults, including the battery, motor, LCD/display, controller and associated electrics. The Lessee is responsible for damage that is not normal wear and tear or a fault for which the Lessor is responsible. No optional damage cover is available for Standard, Self Service or Delivery. Punctures are excluded from included servicing and damage cover. Where collection is required for chargeable damage repairs, the collection charge is £20.

8.8 For Standard, Self Service and Delivery subscriptions, for a damage write-off for which the Lessee is responsible, the charge is £1,200 including VAT less any Deposit actually held. The Lessor will explain the assessment and the basis for treating the bike as beyond economical repair or incapable of safe restoration. No replacement is provided. Payments stop on confirmation of the write-off. A payment plan may be negotiated, subject to written agreement specifying instalments and payment dates.

8.9 For Standard, Self Service and Delivery subscriptions, for a theft covered by active optional theft cover, the Lessee pays a £150 excess administration charge and the Deposit is retained. If the same bike is recovered, repaired and returned in a safe, usable condition, the £150 excess administration charge is refunded and the Deposit reinstated as the subscription deposit. If recovered but written off, both remain retained. Where no valid theft cover applies and the Lessee is liable, the bike charge is £1,200 including VAT less any Deposit held; the £150 covered-theft excess administration charge is not added.

8.10 Theft cover is optional at £10 per month for Standard, Self Service and Delivery subscriptions. Cover chosen at sign-up starts on delivery once required payments succeed. If added later, a one-month waiting period starts when the first £10 payment succeeds; theft during that period is excluded.

8.11 For Standard, Self Service and Delivery subscriptions, optional theft cover is suspended while subscription or theft-cover payments are overdue. It resumes immediately when those arrears are cleared, with no new waiting period. Theft during suspension remains excluded. No optional damage cover is available under these packages.

8.12 The Lessee must use a lock supplied by the Lessor or a customer-supplied lock rated Sold Secure Gold or higher for the applicable cycle category. When unattended, the frame must be secured to a fixed, immovable object, including in communal storage, garages and sheds. The fixed-object requirement does not apply inside a locked private home. Outdoor storage at home requires a cover purchased from the Lessor. Temporary outdoor parking away from home remains subject to the locking requirements.

8.13 Theft cover does not apply to fraud, deliberate disposal, sale, pawning, pledging or voluntary handover as collateral. Security and reporting conditions must be met. The Lessor will assess evidence and explain any decision that cover does not apply, taking account of materiality and genuine inability to comply.

8.14 If a stolen bike is recovered and can be restored safely, valid theft cover pays for repairable damage caused during the theft, including parts and labour. Base Rental Payments continue during those repairs. When the repaired bike is returned, previous optional cover and its charges restart immediately without a fresh waiting period, provided overdue payments are cleared. A recovered bike deemed a write-off does not trigger a replacement; the post-theft ending rules apply.

8.15 Payment plans for these costs may be negotiated with the Lessor and must be agreed in writing, including payment amounts and dates. Payments and recoveries will be accounted for so the same loss is not recovered twice.

9. Equipment Warranty

9.1 The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Equipment. Your Equipment may vary slightly from those images.

9.2 The packaging of the product may vary from that shown in images on our website.

9.3 If we are providing equipment to measurements you have given us you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our website or by contacting us. We will contact you once you have placed your order to discuss sizes.

9.4 The Lessor warrants that the Equipment shall substantially conform to its specification, be of satisfactory quality and fit for any purpose held out by the Lessor. The Lessor shall use all reasonable endeavours to remedy, free of charge, any material defect in the Equipment which manifests itself during the Rental Period from the date of Delivery, provided that:

9.4.1 The Lessee must inspect the Equipment on delivery and report any fault apparent on delivery in writing within five calendar days of delivery. A fault not reasonably discoverable within that period, or which develops later, must be reported promptly after discovery. The five-day reporting requirement does not limit statutory rights or remedies;

9.4.2 The Lessor is permitted to make a full examination of the alleged defect;

9.4.3 The defect did not materialise as a result of misuse, neglect, alteration, mishandling or unauthorised manipulation by any person other than the Lessor’s authorised personnel;

9.4.4 The defect did not arise out of any information, design or other assistance supplied or furnished by the Lessee or on its behalf; and

9.4.5 The defect is directly attributable to defective material, workmanship or design.

9.5 Insofar as the Equipment comprises of or contains equipment or components which were not manufactured or produced by the Lessor, the Lessee shall be entitled only to such warranty or other benefit as the Lessor has received from the manufacturer. This does not restrict the Lessor’s obligations under this section or the Lessee’s statutory rights.

9.6 If the Lessor fails to remedy any material defect in the Equipment in accordance with the Equipment Warranty section, the Lessor shall, at the Lessee’s request, accept the return of part or all of the Equipment and make an appropriate reduction to the Rental Payments payable during the remaining term of the agreement and, if relevant, return any deposit (or any part of it).

9.7 The Lessor will use reasonable endeavours to provide the Lessee with a replacement whilst Equipment is undergoing repair or maintenance that was not as a result of misuse, neglect, alteration, mishandling or unauthorised manipulation by any person other than the Lessor’s authorised personnel. This temporary arrangement for qualifying faults does not apply following theft or a damage write-off, when no replacement is provided.

10. Lessee’s Responsibilities

10.1 The rider must be at least 14 years old. Where the rider is aged 14 to 17, a parent or guardian must sign as the responsible adult contracting party. The Lessee must ensure that the rider understands the operational hazards and that the following requirements are met:

10.1.1 ensure that the Equipment is kept and operated in a suitable environment, is used only for the purposes for which it is designed and operated in a proper manner by a person competent to use it safely in accordance with any operating instructions provided by the Lessor. The Equipment must be protected from weather and not allowed to become rusty or seized. Outdoor storage at home requires a cover supplied by the Lessor and compliance with the locking requirements in the Title, Risk & Insurance section.

10.1.2 ensure that you carry out regular risk assessments of hazards associated with the storage and use of lithium-ion batteries and shall at all times hold and store such batteries in a safe manner.

10.1.3 take such steps (including compliance with all safety and usage instructions provided by the Lessor) as may be necessary to ensure, so far as is reasonably practicable, that the Equipment is at all times safe and without risk to health when it is being set up, used, cleaned or maintained by the rider or anyone carrying out permitted maintenance;

10.1.4 notify the Lessor promptly when maintenance is required and keep the Equipment in good condition, fair wear and tear excepted. Requests must be made through https://hurrecane.bike/pages/help, selecting Service, or by email to hello@hurrecane.bike. All repairs require the Lessor’s approval except puncture repairs and mechanical servicing permitted under Self Service and Delivery subscriptions. Punctures are the Lessee’s responsibility and may be repaired by the Lessee or a chosen bike shop without prior approval. The Lessee and repairer are responsible for safe wheel removal and refitting; the Lessor is not responsible for damage or injury caused by their incorrect work. Hurrecane’s puncture repair service is £30 plus VAT per puncture. Other chargeable repair labour is £30 including VAT for the first hour or part thereof, then proportionately at £30 per hour. Included servicing and covered repairs are not charged again. The Lessee must not attempt electrical repairs;

10.1.5 make no alteration to the Equipment and shall not remove any existing component (or components) from the Equipment without the prior written consent of the Lessor unless to comply with any mandatory modifications required by law or any regulatory authority;

10.1.6 permit the Lessor or its duly authorised representative to inspect the Equipment at all reasonable times and for such purpose to enter on the Site or any premises at which the Equipment may be located and shall grant reasonable access and facilities for such inspection. Access must be arranged with the occupier and exercised lawfully; this clause does not authorise forced entry.

10.1.7 except for repairs or servicing expressly permitted by these terms, not, without the prior written consent of the Lessor, part with control of (including for the purposes of repair or maintenance), sell or offer for sale, underlet or lend the Equipment or allow the creation of any mortgage, charge, lien or other security interest in respect of it; the Lessee must not allow anyone under 14 to ride. All other riders require prior written approval and must meet the age and use requirements. The Lessee remains responsible for safeguarding the Equipment. It must not be pawned, pledged or voluntarily handed over as collateral.

10.1.8 not without the prior written consent of the Lessor, attach the Equipment to any land or building so as to cause the Equipment to become a permanent or immovable fixture on such land or building. If the Equipment does become affixed to any land or building then the Equipment must be capable of being removed without material injury to such land or building and the Lessee shall repair and make good any damage caused by the affixation or removal of the Equipment from any land or building and indemnify the Lessor against all losses, costs or expenses incurred as a result of such affixation or removal;

10.1.9 not do or permit to be done any act or thing which will or may jeopardise the right, title or interest of the Lessor in the Equipment and, where the Equipment has become affixed to any land or building, the Lessee must take all necessary steps to ensure that the Lessor may enter such land or building and recover the Equipment both during the term of this agreement and for a reasonable period thereafter, including by procuring from any person having an interest in such land or building, a waiver in writing and in favour of the Lessor of any rights such person may have or acquire in the Equipment and a right for the Lessor to enter onto such land or building to remove the Equipment;

10.1.10 not suffer or permit the Equipment to be confiscated, seized or taken out of its possession or control under any distress, execution or other legal process, but if the Equipment is so confiscated, seized or taken, the Lessee shall notify the Lessor and the Lessee shall at its sole expense use its best endeavours to procure an immediate release of the Equipment and shall indemnify the Lessor on demand against all losses, costs, charges, damages and expenses incurred as a result of such confiscation;

10.1.11 not use the Equipment for any unlawful purpose; Commercial delivery or courier work is permitted under the Delivery package; it requires prior written approval under Standard, Self Service, NHS schemes or Shrewsbury Moves. Ordinary commuting is unaffected;

10.1.12 report theft to the police and the Lessor within 24 hours of discovery, provide a crime reference number as soon as issued, and provide reasonable evidence including scene photographs and damaged locks where safe and available. Genuine inability to report within that time will be considered;

10.1.13 ensure that at all times the Equipment remains identifiable as being the Lessor's property and wherever possible shall ensure that a visible sign to that effect is attached to the Equipment;

10.1.14 deliver up the Equipment at the end of the Rental Period at such address as the Lessor requires, or if necessary allow the Lessor or its representatives access to the Site or any premises where the Equipment is located for the purpose of removing the Equipment. This return requirement does not apply where ownership has transferred under section 19. Any access must be lawful and does not authorise forced entry.

10.1.15 not do or permit to be done anything which could invalidate the insurances referred to in the Title, Risk & Insurance section.

10.2 The Lessee acknowledges that the Lessor shall not be responsible for any loss of or damage to the Equipment arising out of or in connection with any negligence, misuse, mishandling of the Equipment or otherwise caused by the Lessee or its officers, employees, agents and contractors, and the Lessee shall indemnify the Lessor in full against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by the Lessor arising out of, or in connection with any failure by the Lessee to comply with the terms of this agreement. This clause is subject to the applicable cover and charge provisions and does not impose liability for loss caused by the Lessor or override section 16.

10.3 The Lessee acknowledges that the Lessor shall not be responsible for any damage or injury caused to any person arising out of the Lessee’s failure to comply with its responsibilities set out in the Lessee’s Responsibilities section and shall indemnify the Lessor in full against all and any claims made against the Lessor as a result. This includes injury or loss caused by unauthorised use, unlawful use or misuse, but does not exclude liability attributable to the Lessor or any liability that cannot lawfully be excluded.

10.4 The Lessee must comply with the rules for electrically assisted pedal cycles, including working pedals, a motor with maximum continuous rated power of 250W and electrical assistance cutting off at 15.5 mph. The Equipment must not be derestricted or modified. See www.gov.uk/electric-bike-rules.

11. Our rights to make changes

11.1 We may change the product:

11.1.1 to reflect changes in relevant laws and regulatory requirements; and

11.1.2 to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.

11.2 In addition, as we informed you in the description of the Equipment on our website, we may make changes expressly described in the Equipment description supplied before you placed the Order, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Equipment paid for but not received. Changes will be notified directly; publication of revised terms on the website alone does not retrospectively change an existing agreement or remove accrued rights.

11.3 We may need certain information from you so that we can hire the Equipment to you, for example, height or weight calculations. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the equipment late or not supplying any part of it if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

11.4 We may have to suspend the supply of a product to:

11.4.1 deal with technical problems or make minor technical changes;

11.4.2 update the product to reflect changes in relevant laws and regulatory requirements;

11.4.3 make changes to the equipment as requested by you or notified by us to you (see Our rights to make changes).

12. Your rights if we suspend the delivery of Equipment

12.1 We will contact you in advance if we will suspend supply of the Equipment, unless the problem is urgent or an emergency. Where we suspend supply under this section, we will adjust the price so that you do not pay for the period of suspension. You may end the contract if we suspend supply, or tell you we will suspend it, for more than one month. We will refund advance payments relating to the period after the contract ends. This section concerns suspension of supply by the Lessor; ordinary repair downtime, theft, write-offs and suspension of services due to arrears are governed by their specific provisions, subject to statutory rights.

13. Termination

13.1 Your rights to terminate the contract:

13.1.1 If the Equipment is faulty or misdescribed, contact us using the service details in section 2 so that we can assess the issue and arrange the appropriate remedy. This clause does not provide a contractual money-back guarantee. Any right to repair, replacement, termination, price reduction or refund required by law is unaffected;

13.1.2 If you end the contract for one of the following four reasons, it may end immediately. We will refund advance Rental Payments for hire not provided and any Deposit due back under these terms. Any additional refund required by law is unaffected:

13.1.2.1 we have told you about an upcoming change to the Equipment or these terms which you do not agree to (see Our rights to make changes);

13.1.2.2 we have told you about an error in the price or description of the Equipment you have ordered and you do not wish to proceed;

13.1.2.3 there is a risk that delivery of the Equipment may be significantly delayed because of events outside our control;

13.1.2.4 we have suspended delivery of the Equipment for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one month;

13.1.3 if you wish to end where we are not at fault, normal cancellation requires one calendar month’s written notice and may take effect at the end of six months for Standard or Self Service, or three months for Delivery, if notice is given in advance. Earlier cancellation follows the Rental Period provisions. For Shrewsbury Moves, section 19 applies instead to normal and early cancellation. NHS scheme cancellation rules are those stated in the accepted Order or scheme terms, with no deposit payable.

13.2 Our rights to terminate the contract: The Lessor may also end the subscription on 30 days’ written notice, without charging the Lessee an early-cancellation fee. Serious abuse, threats, harassment, fraud or dangerous misuse may result in immediate termination by written notice, subject to applicable law. Ordinary complaints do not constitute abuse.

13.2.1 Without affecting any other right or remedy available to it, the Lessor may terminate this agreement with immediate effect by giving written notice to the Lessee if:

13.2.1.1 the Lessee fails to pay any amount due under this agreement on the due date for payment and remains in default not less than 10 days after being notified in writing to make such payment;

13.2.1.2 the Lessee commits a material breach of any other term of this agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 10 days after being notified in writing to do so;

13.2.1.3 the Lessee repeatedly breaches any of the terms of this agreement in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this agreement;

13.2.1.4 the Lessee suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts;

13.2.1.5 the Lessee commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors;

13.2.1.6 the Lessee applies to court for, or obtains, a moratorium under Part A1 of the Insolvency Act 1986;

13.2.1.7 a person becomes entitled to appoint a receiver over all or any of the assets of the Lessee or a receiver is appointed over all or any of the assets of the Lessee;

13.2.1.8 a creditor or encumbrancer of the Lessee attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of the Lessee's assets and such attachment or process is not discharged within 14 days;

13.2.1.9 any event occurs, or proceeding is taken, with respect to the Lessee in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in the preceding insolvency and creditor-enforcement provisions; and

13.2.1.10 the Lessee's financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of this agreement is in jeopardy.

13.2.2 For the purposes of the material breach provisions in the Termination section, material breach means a breach (including an anticipatory breach) that is serious in the widest sense of having a serious effect on the benefit which the Lessor would otherwise derive from:

13.2.2.1 a substantial portion of this agreement; or

13.2.2.2 any of the obligations set out in the Lessee’s Responsibilities section.

In assessing whether a breach is material, the Lessor will consider its seriousness, effect and relevant circumstances, including whether it can be remedied.

13.3 A damage write-off ends the subscription when confirmed by the Lessor. Theft ends it after the next two scheduled base Rental Payments unless the same bike is recovered and restored. These specific rules take precedence over any other automatic-termination provision for Total Loss.

13.4 You must compensate us if you breach the contract. If we end the contract because of your breach, we may apply advance payments against outstanding sums and reasonably incurred net losses after mitigation. We will provide an itemised breakdown and refund any remaining balance. The same loss will not be recovered twice.

14. Consequences of Termination

14.1 On expiry or termination of this agreement, the following provisions apply. The possession, return and collection requirements do not apply where ownership has transferred under section 19:

14.1.1 The Lessor’s consent to the Lessee’s possession of the Equipment shall terminate;

14.1.2 If the Lessee refuses to return the Equipment, the Lessor will issue a written demand allowing seven calendar days from receipt to make it available, before pursuing lawful recovery. Any longer notice or procedure required by law applies. Nothing authorises forced entry.

14.1.3 Without prejudice to any other rights or remedies of the Lessor, the Lessee shall pay to the Lessor on demand:

14.1.3.1 Any Rental Payments or other sums outstanding at the date of such demand together with any interest accrued; and

14.1.3.2 Any costs and expenses incurred by the Lessor in recovering the Equipment or in collecting any sums due under this agreement where the Lessee failed to comply with the return obligations in the Consequences of Termination section.

14.1.4 Remove any accessories you have added before collection, unless we agree otherwise. Return all accessories supplied with the Equipment, including keys, charger and battery.

14.2 We will contact you to arrange collection. Normal collection at or after completion of the minimum term is free. Collection on early cancellation or following termination for non-payment is £20. A missed agreed collection requiring another visit attracts a £20 charge. The same visit will not be charged twice. If proper notice has been given and the Equipment made available, payments stop on the agreed end date even if the Lessor delays collection; overpayments will be refunded. If the Lessee prevents collection or fails to make the Equipment available, Rental Payments continue until it is returned or collected.

14.3 If you are exercising your legal rights to reject the Equipment you must either return it or allow us to collect it from you. We will pay the costs of postage or collection. Please contact us to arrange collection.

14.4 For subscriptions where a Deposit is payable, we will refund any remaining Deposit within 28 calendar days of collection, after itemised deductions for outstanding payments, applicable charges, damage or missing supplied accessories, subject to any earlier statutory refund deadline:

14.4.1 We may deduct any sum from the deposit to reflect any reduction in the value of the goods, if this has been caused by your handling of them in such a way that will cause damage that is not otherwise fair wear and tear. If we refund you the deposit before we have had an opportunity to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. Deductions must be itemised; missing supplied keys, batteries, chargers or other accessories are charged at reasonable replacement cost.

14.5 We will make any refunds due to you as soon as possible.

15. Complaints

15.1 If you have questions or complaints about the Equipment, contact us using the email or postal details in section 2.

15.2 If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

16. Liability

16.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

16.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.

16.3 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.

16.4 We are not liable for business losses. We supply the products for domestic, business and private use. We will have no liability to you for any loss of earnings, loss of profit, loss of business, business interruption or loss of business opportunity. This includes repairs, parts delays and other downtime, to the extent permitted by law.

17. Privacy and Personal Information

17.1 We will only use your personal information as set out in our Privacy Policy.

18. Other Important Terms

18.1 We may transfer this agreement to someone else - We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer, you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.

18.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee) - You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property.

18.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in the guarantee transfer provisions in this section in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

18.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

18.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

18.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Equipment in England and Wales.

18.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may wish to contact an appropriate ADR provider.

19. Shrewsbury Moves

19.1 Application. This section applies only where the Order identifies the subscription as Shrewsbury Moves. Sections 1 to 18 apply except where this section states a different rule. In particular, the Standard, Self Service and Delivery rules on deposits, minimum terms, cancellation, optional theft cover, theft excess administration charges and damage write-off charges do not apply to Shrewsbury Moves. The common ordering, payment dates, late-payment fee, delivery, security, warranty, rider responsibilities, termination, collection, complaints and liability provisions continue to apply.

19.2 Rental Period. The Rental Period starts on the date the e-bike is delivered and, subject to these terms, continues for a minimum period of 12 months. The Lessee may end the subscription on 30 days’ written notice, with the end date no earlier than the 12-month anniversary for normal cancellation. Notice may be given before that anniversary. Normal end-of-subscription collection is free.

19.3 Early cancellation. If the Lessee chooses to end before completing 12 months, the early-cancellation charge is the lower of four months’ base Rental Payments or the base Rental Payments remaining in the minimum term, plus a £20 collection charge. Applicable statutory cancellation rights take precedence and the same loss will not be recovered twice.

19.4 Ownership. The Lessee has the right to take ownership without an additional purchase charge after 36 monthly base Rental Payments have been successfully made and all outstanding amounts, including late-payment fees, have been cleared. Payments made while a recovered bike is being repaired count towards the 36 payments. Months for which no base payment is made and refunded payments do not count. The Lessor will confirm the transfer in writing. At transfer the base subscription, included servicing, included theft cover and optional damage cover end, and the £6 monthly damage-cover charge stops. Missed payments do not permanently remove the right to ownership. All 36 base Rental Payments and all outstanding charges must be paid before ownership transfers.

19.5 Payments and no deposit. No deposit is payable under Shrewsbury Moves. Chargeable damage, arrears, applicable fees and missing supplied keys, chargers, batteries or other accessories will be invoiced with an itemised breakdown. Missing items are charged at reasonable replacement cost. The monthly base Rental Payment is the amount stated in the Order. The payment dates and £10 fee once per missed monthly payment in section 6 apply.

19.6 Arrears and recovery. If a Rental Payment is overdue, the Lessor will give written notice and 10 days to clear the overdue amount before terminating for non-payment, subject to any longer period or procedure required by law. Following termination, the Lessee must return the Equipment and supplied accessories. If the Lessee refuses, the Lessor will give a written demand allowing seven calendar days from receipt to make the Equipment available before pursuing lawful recovery, subject to any longer legally required notice. Missing or withheld Equipment does not qualify for the £400 returned-bike damage write-off charge. If the e-bike is collected following termination for non-payment, a collection charge of £20 is payable.

19.7 Servicing and repairs. The Lessor will carry out included servicing and fair wear-and-tear repairs at no extra cost. The Lessee is responsible for damage that is not normal wear and tear or a fault for which the Lessor is responsible, except repairable accidental damage covered by active £6 damage cover. Punctures are excluded from included servicing and damage cover. Where collection is required for chargeable damage repairs, the collection charge is £20.

19.8 Damage write-offs. For a damage write-off for which the Lessee is responsible, the charge is £400 including VAT only when the damaged bike is returned to the Lessor. Write-offs are excluded from the optional £6 damage cover. Missing, withheld or stolen bikes do not qualify for this £400 charge. The Lessor will explain the assessment and the basis for treating the bike as beyond economical repair or incapable of safe restoration. No replacement is provided. Payments stop on confirmation of the write-off. A payment plan may be negotiated, subject to written agreement specifying instalments and payment dates. Existing arrears and properly due charges remain payable. The £400 charge replaces the £1,200 damage write-off charge in section 8 for a returned Shrewsbury bike.

19.9 Included theft cover. Theft cover is included in Shrewsbury Moves without a separate charge, excess administration charge or deposit. It remains active even when subscription payments are overdue, subject to the security, reporting and other cover conditions. Where cover is invalid and the Lessee is liable for theft, the bike charge is £1,200 including VAT. No replacement is provided after theft. The £10 optional theft-cover charge, waiting period, £150 excess administration charge and deposit-retention provisions in section 8 do not apply. Included theft cover starts on delivery.

19.10 Optional damage cover. Optional damage cover costs £6 per month, has no excess administration charge, and includes parts and labour for covered repairable accidental damage. It excludes punctures, write-offs, deliberate damage, misuse, neglect, unauthorised alterations and damage occurring before activation. It may be requested later and starts once the first £6 payment succeeds and the Lessor confirms acceptance in writing, with no waiting period.

19.11 Overdue payments and cover. The £6 charge is collected with the base subscription. Damage cover and included services are suspended while the relevant subscription or combined payment is overdue, and resume immediately when arrears are cleared. Damage occurring during suspension remains excluded. Included theft cover is not suspended. Statutory obligations are unaffected.

19.12 Lock at handover. A lock is not included in the scheme. Before handover, the Lessee must buy the Lessor’s £20 lock or show a suitable Sold Secure Gold or higher lock. Failure to meet this disclosed requirement may prevent handover and attract the £20 failed-delivery charge. The common locking, outdoor storage, theft reporting and cover-exclusion requirements in sections 8 and 10 also apply.

19.13 Payments following theft. Following theft, the next two scheduled base monthly Rental Payments remain payable, after which the subscription ends unless the same bike is recovered and restored. The optional £6 damage-cover charge stops immediately following theft. No replacement is provided. Existing arrears and properly due charges remain payable.

19.14 Recovered bikes. If a stolen bike is recovered and can be restored safely, valid theft cover pays for repairable damage caused during the theft, including parts and labour. Base Rental Payments continue during those repairs. When the repaired bike is returned, previous optional cover and its charges restart immediately without a fresh waiting period, provided overdue payments are cleared. A recovered bike deemed a write-off does not trigger a replacement; the post-theft ending rules apply. Included theft cover remains unaffected by arrears; the requirement to clear arrears applies to restarting optional damage cover and included services. Payments made while a recovered bike is repaired count towards ownership as set out above.

19.15 Payment plans. Payment plans for these costs may be negotiated with the Lessor and must be agreed in writing, including payment amounts and dates. Payments and recoveries will be accounted for so the same loss is not recovered twice.

19.16 Warranty remedy. If the Lessor fails to remedy any material defect in the Equipment in accordance with the Equipment Warranty section, the Lessor shall, at the Lessee’s request, accept the return of part or all of the Equipment. This replaces the contractual remedy in clause 9.6 for Shrewsbury Moves; statutory rights are unaffected.