Terms & conditions

GENERAL TERMS FOR THE BIKE FOR GOOD, SWITCH UP SUBSCRIPTION SERVICE

SWITCH UP reserves the right to make changes to these Terms, at any time. If you are unhappy with any changes made to these Terms, please be aware of your rights of termination, as per clause 12.3 (Further Amendments). 

THE PROVISION OF SUBSCRIPTION SERVICES

These terms (including the Schedule hereto) (the “Terms“) shall apply to and govern the provision of the Subscription Services (as defined below) by Bike for Good Limited, a company incorporated in Scotland (registered number SC376469) trading as SWITCH UP and having its registered office at 65 Bike For Good, 65 Haugh Road, Glasgow, Ecosse, Scotland, G3 8TX (“SWITCH UP”) to the Subscriber (as defined below).

1. DEFINITIONS AND INTERPRETATION

In these Terms, the stated terms will have the following meanings:

Accessory means an Optional Accessory or a Standard Accessory made available by SWITCH UP to the Subscriber in accordance with these Terms, and as listed in Part 2 (Overview of Accessories) of the Schedule;

Area(s) means the geographical area in which SWITCH UP is willing to provide the Subscription Services, as more accurately described in Part 4 (Service Area) of the Schedule; 

Bicycle means a bicycle and any variation of the same (e.g. electric (e-)bikes, sitting bikes or tandem bikes) made available by Bike for Good to a Subscriber;

Charge means the monthly fee payable by the Subscriber corresponding to their use of a particular Subscription Package;

Child means any person under the age of 18 years old; 

Commercial Purposes means that the Bicycle is used as a means to generate income for the Subscriber or any other person. The most common examples are that the Bicycle is used as a vehicle allowing them to undertake delivery-type jobs for delivery services organisations (including, but not limited to, Deliveroo, Just Eat etc.) or courier organisations. 

Delivery Date means the date that the Bicycle is picked up by or delivered to the Subscriber by SWITCH UP, including any pick up by the Subscriber at SWITCH UP’s Head Office; 

End Date means the date on which the Subscription Period ends, which is (i) following the expiry of the minimum Subscription Period; or (ii) one month after the date on which SWITCH UP or the Subscriber receives a written termination notice from the other party where the Subscription Period has been extended; or (iii) following termination of the Subscription in line with these Terms;

Grace Period means, in any subsequent month, the 3 day period following the start of the month for a particular Subscription. This allows, for example, the Subscriber to pay their Monthly Charge on the 27th of a particular month if their original Start Date/initial payment was paid on the 24th; 

Head Office means 65 Haugh Road, Glasgow, Scotland G3 8TX;

Instructions for Use means the instructions for use provided by SWITCH UP (including any manufacturer instructions) for the specific Bicycle and Accessories forming a Subscriber’s Subscription, as more accurately detailed in Part 1 (SWITCH UP Subscription Packages) of the Schedule or on the Website. 

Maintenance means regular ongoing maintenance supplied for each Bicycle in accordance with the relevant Subscription Package; 

Optional Accessory means a cycling accessory chosen by the Subscriber as an optional extra to their Subscription Package, made available in accordance with these Terms, at an additional Charge, and as listed in Part 2 (Overview of Accessories) of the Schedule;

Order Mechanism means the online process in which a natural person chooses a Subscription Package and enters into a corresponding Subscription with SWITCH UP; 

Period means the duration of the Subscription agreed initially via the Order Mechanism and as further determined in accordance with clause 2.4 (Subscription Services); 

Personal Data means any personal data supplied by the Subscriber to SWITCH UP or otherwise generated by SWITCH UP in the provision of the Subscription Services.  

Repair means a repair to a Bicycle to be undertaken by SWITCH UP as more accurately described in clause 7.4 (Maintenance, Repairs and Exchange);

Replacement means the replacement of a Bicycle or Accessory by SWITCH UP, for reasons set out in clause 9 (Theft / Loss);

Schedule means the schedule annexed to and forming part of these Terms;

Specification means the technical specification of a particular Bicycle forming part of a Subscription Package, including its limitations such as its maximum weight; 

Standard Accessory means a cycling accessory automatically forming part of a Subscription Package, made available in accordance with these Terms, and as listed in Part 2 (Overview of Accessories) of the Schedule;

Start Date means the date from which the Order Mechanism is completed and SWITCH UP provided the Bicycle to the Subscriber;

Subscriber means any individual who has subscribed to one of the Subscription Packages; 

Subscription means the agreement between SWITCH UP and the Subscriber for the use of the Subscription Services;

Subscription Package means any package including Bicycle hire and or the provision of Accessories in return for the associated Charge, as listed in Part 1 (SWITCH UP Subscription Packages) of the Schedule; 

Subscription Period means a minimum period of either (i) 1 months or (ii) 9 months from the Delivery Date and any extension agreed thereafter in accordance with clause 2.4 (Subscription Services);  

Subscription Services mean the provision of a Bicycle and any other Accessories in accordance with the relevant Subscription Package chosen by the Subscriber and the ongoing reasonable Repair and Maintenance of the Bicycle for the Subscription Period; 

Supplemental Charge means an additional fee applied to a monthly Charge relating to (i) an additional cost incurred by SWITCH UP as a result of the actions of the Subscriber or (ii) for a breach of the Conditions of Use contained within clause 6 (Conditions of Use); 

SWITCH UP means the trading name of Bike for Good Limited for the purposes of the Subscription Services;

Terms means these general terms and conditions, including the Schedule, as set out by SWITCH UP, which apply to a Subscription; 

Velogik UK means SWITCH UP’s chosen supplier to provide Maintenance; and

Website means the relevant SWITCH UP website relating to the Subscription Services www.SWITCH UPbikes.org.uk  

2. SUBSCRIPTION SERVICES

2.1 A customer shall be deemed to have entered into a Subscription for the Subscription Services after completion of the Order Mechanism, following which they are considered a Subscriber. The Subscriber will receive confirmation of the order after fully completing the Order Mechanism. SWITCH UP reserves the right to reject any completed order for good reason (e.g. stock levels quoted on the website are incorrect) and shall notify the Subscriber accordingly. 

2.2 The Subscriber must be at least 18 years old and have the capacity to enter into legally binding contracts. 

2.3 Where a parent or guardian wishes to rent a Bicycle for a Child, they shall be considered as the Subscriber for a Subscription and for the purposes of these Terms. 

2.4 SWITCH UP shall request appropriate verification documentation (e.g. Passport/Driving Licence) to determine a Subscriber’s identity as part of the Order Mechanism. SWITCH UP reserves the right to reject an order where they consider that verification of the identity documents indicates fraud or where they have excluded a former Subscriber from access to the Subscription Services. 

2.5 Subscribers have the choice of a 1 month minimum followed up by one month renewable. Subscription Period beginning on the Delivery Date. The Subscription will automatically terminate following expiry of the Subscription Period, unless SWITCH UP agree (at their discretion) to an extension. The Subscriber may submit a request for extension to SWITCH UP prior to the end of the minimum Subscription Period. Where SWITCH UP agree to an extension the Subscription shall continue on a rolling monthly basis. 

2.6 All Subscription Periods shall remain in effect for the minimum term agreed in the Order Mechanism, unless otherwise terminated in accordance with these Terms.

2.7 Where a Subscription has exceeded the minimum Subscription Period and SWITCH UP has agreed to a rolling monthly contract, both SWITCH UP and the Subscriber may terminate the Subscription at any time by giving a written notice following which the Subscription shall terminate one month after receipt of the notice. 

2.8 The Subscriber shall pay a monthly Charge to SWITCH UP corresponding to the relevant Subscription Package, unless otherwise stated in the Order Mechanism. 

2.9 Arrangements between SWITCH UP and a Subscriber varying or supplementing these Terms will only be valid if they have been confirmed in writing by SWITCH UP. 

2.10 Following completion of an order, the Subscriber shall choose their preference from the times and locations proposed by SWITCH UP for the delivery or pick-up of the Bicycle (SWITCH UP may amend this time or location at any point prior to delivery or pick-up, at all times making reasonable efforts to give the Subscriber prior notice). During the period between completion of the Order Mechanism and when SWITCH UP delivers the Bicycle or the Bicycle is picked up by the Subscriber, SWITCH UP shall verify the Subscriber’s personal details. At the time of delivery or pick-up, the Subscriber shall confirm to SWITCH UP in writing the receipt of the Bicycle, the payment method chosen and that the personal details provided are correct. During the Subscription Period, the Subscriber shall notify SWITCH UP of changes to the personal information provided to SWITCH UP at the time of contracting, without undue delay.

2.11 The Subscriber will be provided the Bicycle in accordance with clause 2.10 after the Start Date and may use it at their leisure during the Subscription Period, in accordance with these Terms. In return for SWITCH UP providing the Bicycle to the Subscriber, the Subscriber shall pay the monthly Charge associated with the relevant Subscription Package during the Subscription Period. The Charge is due monthly in advance. Therefore if a Subscription is taken out on the 15th day of a month the Customer will be required to pay the Charge on or before the 15th day of each subsequent month during the Subscription Period.  The Charge for the first month of the Subscription shall be taken on the Start Date. 

2.12 Where a Subscription is completed via the Order form on the Website, the Subscriber has the right to immediately withdraw from the Subscription without giving a reason within 14 (fourteen) days of the Start Date by sending written notice of withdrawal to SWITCH UP or competing the relevant option on the Website. 

2.13 The Subscriber will only be entitled to use the Bicycle in the United Kingdom. 

3. SUBSCRIPTION PACKAGES

3.1 The Subscriber must choose from the available Subscription Packages, which is best suited to their needs. 

3.2 Each Subscription Package contains a different Bicycle product.  

4. CONDITIONS OF SUBSCRIPTION

4.1 The Subscriber is not allowed to use a Bicycle provided under a Subscription Package for Commercial Purposes.  In the event of breach of this clause, SWITCH UP (i) shall terminate a Subscriber’s Subscription with immediate effect and (ii) reserves the right to impose a Supplemental Charge proportionate to the amount of damage caused by overuse of the Bicycle beyond what would reasonably be expected for a non-commercial user of a Bicycle. 

4.2 SWITCH UP (i) reserve the right to terminate a Subscriber’s subscription with immediate effect where it is clear and obvious they are overusing the Bicycle in accordance with clause 4.3, (ii) reserve their right to terminate a Subscriber’s Subscription with immediate effect where the Subscriber has requested more than 3 separate Repair requests in a calendar month and such repairs point to overuse, misuse or careless use of the Bicycle and (iii) in both circumstances, additionally, reserve their right to impose a Supplemental Charge proportionate to the amount of damage caused by the Subscriber’s overuse or careless use of the Bicycle. Examples include, but are not limited to, pushing the Bicycle beyond its capabilities, operating it outwith the Instructions for Use, incurring damage that is clearly attributable to a Subscriber using the Bicycle more than a reasonable non-commercial user would and incurring excessive or regular damage to the Bicycle that has obviously been incurred by failure to look after the Bicycle in a manner that would reasonably be expected from a responsible Subscriber. 

4.3 SWITCH UP reserves the right to check the mileage (where possible) and condition of the Bicycle during any Maintenance, Repair or exchange. If the mileage is considered, at the sole discretion of SWITCH UP, to be in excess of the reasonable use of a non-commercial user then SWITCH UP may exercise their rights as described in clause 4.2.

4.4 The provisions of this clause 4 shall be without prejudice to any other rights of SWITCH UP, including but not limited to the right to claim damages and to terminate the Subscription in accordance with clause 13 (Termination and Consequences).

5. BICYCLES AND ACCESSORIES

5.1 The Bicycle (including any Accessories provided with the Bicycle) shall at all times during the Subscription Period remain the property of SWITCH UP and legal title to or ownership of the Bicycle does not transfer to the Subscriber as a result of the Subscription.

5.2 SWITCH UP shall endeavour to provide the Subscriber with a Bicycle that corresponds with the Specification of the Bicycle that the Subscriber has chosen. Where this is not possible SWITCH UP will notify the Subscriber and offer the Subscriber an alternative Subscription Package. Beyond the configuration agreed as part of the Order Process or as altered by SWITCH UP at the point of delivery, the Subscriber is not entitled to any particular design, colour, fit-out or other configuration of the Bicycle. 

5.3 The Subscriber acknowledges that some Bicycles (particularly E-Bikes) may have built-in tracking software which allows SWITCH UP to track the location of the Bicycle. By completing an order the Subscriber agrees that SWITCH UP can use tracking data in the event of a suspected loss, theft or unauthorised use of the Bicycle. 

5.4 SWITCH UP may customise and put advertisements on a Bicycle at any time and at its sole discretion. If an advertisement attached to the Bicycle or printed on the Bicycle is damaged, removed, unreadable or otherwise no longer visible, the Subscriber shall inform SWITCH UP as soon as possible. The Subscriber shall in no circumstances attempt to make their own customisation or put their own advertisements on the Bicycle at any time during the Subscription Period. 

5.5 SWITCH UP will provide the Subscriber with a lock as part of each Subscription Package. The Subscriber MUST use this lock at all times where the Bicycle is left unattended. SWITCH UP reserves the right to keep a spare key for all locks. 

5.6 The Subscriber must not make, or have made, any copy or duplicate keys or have more than one key in its possession. The Subscriber is not permitted to pass the key onto third parties and shall protect the key against loss, theft and unauthorised use at all times. If the key is lost, stolen or damaged, the Subscriber must request a new key from SWITCH UP. SWITCH UP may apply an additional charge for a new key as set out in Part 3 (Supplemental Charges) of the Schedule. Where a key that was previously reported lost or stolen that is found again, must immediately be returned to SWITCH UP. 

5.7 Accessories shall be provided, where applicable, to the Subscriber as part of the Subscription Package. 

6. CONDITIONS REGARDING THE USE OF BICYCLES AND ACCESSORIES (“Conditions of Use”)

6.1 The Subscriber must in all instances be a consumer acting in their own personal capacity. 

6.2 For the purposes of these Terms, “use” of the Bicycle shall be deemed to include in any event riding, pushing, parking and storing the Bicycle.

6.3 The Subscriber is the only person authorised to use the Bicycle provided to them as part of their Subscription (except where the user is a Child and the Subscription has been taken out on behalf of that child). The Subscriber will be solely responsible for any damage howsoever caused to the Bicycle (including, without limitation, damage caused by third party use and irrespective of whether they have authorised or otherwise permitted such use). The Subscriber shall not sell, hire, sub-let, create or grant any security interest or other right in respect of the Bicycle to a third party.

6.4 Subject to clause 7 (Maintenance, Repairs and Exchange), the Subscriber uses the Bicycle at their own risk and is responsible for such use. It is the Subscriber’s responsibility to conduct reasonable checks to verify that the Bicycle remains in a good and safe condition throughout the Subscription Period. For example, the Subscriber shall check routinely loose items, for any broken chain, faulty brakes, appropriate tyre pressure, the presence of reflectors at the front, rear and within the spokes and the bell being in good working order. 

6.5 The Subscriber shall not use the Bicycle if they have identified any defects and/or damage leading to any safety concerns or other concerns in connection with the proper use of the Bicycle, unless this use is limited to pushing, parking and storing. The Subscriber shall inform SWITCH UP of such defects and damages concerns within 24 hours. If the Subscriber uses the Bicycle for riding, this will be construed as evidence that it functions properly and does not show any defects or damages. 

6.6 The Subscriber shall make normal use of the Bicycle and take due care of the Bicycle, equivalent to that of a responsible owner. The Subscriber shall avoid unusual strain on the Bicycle and use it only on paved routes and streets, as per the Instructions for Use. 

6.7 The Subscriber shall comply with any operating instructions associated with the Bicycle, including the Instructions of Use. 

6.8 The Subscriber may only use the Bicycle if the Subscriber complies at all times during the Subscription Period with all applicable laws and regulations, including but not limited to following the Highway Code when riding the Bicycle. 

6.9 The Subscriber shall not make any efforts to customise or modify the Bicycles such as to alter their Specification, including but not limited to, attempting to increase the maximum speed of any motorised Bicycle. 

6.10 The Subscriber shall not use the Bicycle while they are subject to an injury or medical condition that may affect their ability to operate the Bicycle, or while under the influence of alcohol or drugs. Where parents or guardians are the Subscriber acting on behalf of a Child, they must ensure that the Child is not subject to an injury or medical condition that may affect their ability to operate the Bicycle. 

6.11 The Subscriber may only use the Bicycle in accordance with its maximum weight limit as provided in its Specification, including any luggage affixed to the Bicycle. 

6.12 The Subscriber shall in no way intentionally or recklessly damage, attempt to damage or make any changes to the Bicycle that cannot be reversed. 

6.13 SWITCH UP (including their partners) are entitled to inspect the Bicycle at any time during the Subscription Period, to wholly or partially replace the Bicycle and/or to carry out maintenance, servicing and repairs, so long as they provide sufficient notice to the Subscriber. The Subscriber shall cooperate with such action. 

6.14 The Subscriber shall use any Accessories provided as part of their Subscription Package in accordance with any instructions provided by SWITCH UP, affixed to the Accessories themselves and the Instructions for Use (where appropriate). 

6.15 SWITCH UP recommends that a Subscriber wears a suitable helmet at all times when riding a Bicycle. The helmet should fit properly and be fastened in accordance with the manufacturer’s instructions. 

6.16 In the absence of a legal requirement to obtain insurance, SWITCH UP recommends the Subscriber considers whether they wish to obtain personal insurance should an unforeseen accident occur, for example to cover their liability to third parties where they are at fault. 

7. MAINTENANCE, REPAIRS AND EXCHANGE

7.1 All Maintenance, Repairs and exchanges shall be provided or administered by SWITCH UP via their partner ( Velogik UK) as advised from time to time. 

7.2 Each Subscriber will be able to request ad-hoc Repairs (at a location reasonably requested by them) where necessary so long as the Bicycle is within the appropriate Area. 

7.3 Repairs include: 

7.3.1 repair of defects or damage to the Bicycle arising during the Subscription Period which result from reasonable wear and tear and normal use of the Bicycle; or

7.3.2 where a Bicycle is not performing to its Specification due to reasonable wear and tear and normal use of the Bicycle by the Subscriber, exchange of that Bicycle for a corresponding model,in each case, provided that the Subscriber has complied with these Terms (“Repairs”). 

7.4 The costs associated with Maintenance and Repairs are included within the monthly Subscription Charge. SWITCH UP may refuse to provide Maintenance and Repairs where a Subscriber’s monthly Charge is outstanding until such time as the outstanding monthly Charge is paid. 

7.5 SWITCH UP aims to provide any Repairs within 48 hours (Monday-Friday, not including public holidays in Scotland) after a Subscriber has contacted SWITCH UP to notify them that these services are required. The Subscriber may not claim any compensation or payment if this target time is not achieved, and they may be liable to pay a Supplemental Charge if they miss an appointment for repair. 

7.6 SWITCH UP, may, at their absolute discretion, refuse any Repairs required as a result of any other reason than those set out within this clause. 

7.7 Where SWITCH UP exchanges a Bicycle the Subscriber will at the same time hand-in any Accessories specifically associated with that Bicycle. 

8. DAMAGE

8.1 The Subscriber shall report any damage to the Bicycle (including Accessories) to SWITCH UP within 24 hours of an accident occurring or of becoming aware of any damage, This applies regardless of the extent of the damage or accident and regardless of whether the Subscriber has caused the damage or accident or not.

8.2 SWITCH UP reserves the right to claim from the Subscriber compensation for any losses arising as a result of a failure by the Subscriber to notify SWITCH UP about damages or accidents or failure to notify within the aforesaid timeframe. This includes all additional expenses incurred by SWITCH UP for the purposes of repairing the damage as well as third parties’ compensation claims which would have been avoided if notice of the defect had been given within the aforesaid timeframe.

8.3 In the event of any damage to the Bicycle (including Accessories) caused by the actions or omissions of the Subscriber, including where such damage is discovered on return of the Bicycle following termination of a Subscription, the Subscriber will pay SWITCH UP a Supplemental Charge equivalent to the cost of repairing or replacing parts of the Bicycle so that it is in good working order and ensuring that it is restored to a condition equivalent to the condition that it was originally provided to the Subscriber. In such circumstances, SWITCH UP will determine whether the Subscription will end with immediate effect. 

8.4 Where, due to the actions of the Subscriber, the Bicycle (including Accessories) is damaged beyond all reasonable repair or it is not cost efficient to repair (such decision to be made at the absolute discretion of SWITCH UP) the Subscriber shall pay a Supplemental Charge equivalent to the cost to buy an equivalent model of the Bicycle or the cost of the damaged Accessory. In such circumstances, the Subscription will be terminated with immediate effect. 

8.5 If there is any damage to a Bicycle (including Accessories) caused by or contributed to by a third party, the Subscriber must submit an Incident Report, within 24 hours of becoming aware of the damage, or from the moment of the accident itself. An Incident Report submission form can be completed by emailing help@switchupbikes.org.uk.

8.6 SWITCH UP reserves the right to apply an additional charge to the Subscriber for failure to provide the required information in the Incident Report, failure to provide correct information or for failing to complete the Incident Report. 

8.7 In the case of an accident with the Bicycle (including Accessories), the Subscriber must not accept any liability to a third party (e.g. by acknowledgement of liability to a third party or by giving such a statement) without SWITCH UP’s prior consent. Where this condition is breached, the Subscriber alone will bear the consequences of the accepted liability and the Subscriber shall indemnify (equivalent to a binding commitment to pay) SWITCH UP in respect of all costs, damages and expenses associated with third party claims in connection with such acceptance of liability. A Subscriber is never permitted to accept liability on behalf of SWITCH UP or on behalf of SWITCH UP’s insurers. Such acceptance shall be considered as null and void. 

9. THEFT/LOSS

9.1 The Subscriber is at all times under an obligation to take all reasonable steps to prevent loss, theft or damage to/of the Bicycle (including Accessories), such an obligation is considered a Condition of Use. 

9.2 Where the Bicycle (including Accessories) is not locked or secured in accordance with clause 5.5 (Bicycles and Accessories) and clause 9.1, and an incident occurs, including but not limited to vandalism, loss or theft, the Subscriber will pay SWITCH UP a Supplemental Charge in addition to any costs associated with loss of the Bicycle or relevant Accessory. 

9.3 In the event of theft or loss of the Bicycle or an Accessory, the Subscriber must: 

9.3.1 report the loss or theft to SWITCH UP within 24 hours from the moment the Subscriber became aware of it, via an Incident Report; 

9.3.2 where possible return the Accessories to the Bicycle to SWITCH UP without undue delay;

9.3.3 report this loss or theft to the police together with an employee of SWITCH UP at SWITCH UP’s request; and 

9.3.4 provide any relevant information regarding the loss or theft without undue delay upon SWITCH UP’s request;

Only if all relevant conditions in this clause 9.3 are complied with will the Subscriber be eligible to receive a replacement, such decision shall be made at the discretion of SWITCH UP. 

9.4 In the event of loss or theft of a Bicycle or an Accessory the Subscriber will owe SWITCH UP the market value of the Bicycle or Accessory, taking into account age and last known condition. In the case of theft where the Subscriber can clearly demonstrate that they took all reasonable steps to secure the Bicycle or Accessory (i.e. used the lock provided by SWITCH UP, locked it to an immoveable object, or kept it within a locked environment), SWITCH UP may apply a discount to the sums owed to it. Such discount shall be made at the absolute discretion of SWITCH UP and where it is beyond reasonable doubt that the Subscriber took all reasonable steps to secure the Bicycle.

9.5 If it turns out that the Subscriber has provided incorrect information or has made false statements, the Subscriber shall be fully liable for this. SWITCH UP will be entitled to claim any damages from the Subscriber resulting therefrom and to impose a Supplemental Charge as set out in Part 3 (Supplemental Charges) of the Schedule. This Supplemental Charge will be charged in addition to the Charge referred to in clauses 9.2 and 9.4.

9.6 Notwithstanding the Supplemental Charges and compensations referred to in this clause 9, SWITCH UP reserves the right to claim from the Subscriber compensation up to the amount of actual damages suffered by SWITCH UP resulting from the theft or loss of the Bicycle (including Accessories). 

9.7 If a Bicycle (including Accessories) which has been notified to SWITCH UP as lost or stolen are found again, SWITCH UP may at its sole discretion, subject to the technical and cosmetic condition of the Bicycle (including Accessories), reimburse the Subscriber any charges paid in associating with its loss or theft. Where damage has occurred during loss or theft the Subscriber shall owe SWITCH UP appropriate sums in accordance with clause 8 (Damage). 

9.8 If the Bicycle (including Accessories) has been removed by public authorities (including but not limited to, the police or the local council), the Subscriber shall notify SWITCH UP within 24 hours. Any costs related to the release of the Bicycle from custody or other related costs will be payable by the Subscriber. SWITCH UP will be entitled to charge those costs to the Subscriber. 

10. PAYMENT

10.1 When taking out a Subscription, the Subscriber will be required to provide a direct debit to have the monthly Charge and other costs owed by them, paid to SWITCH UP. 

10.2 The monthly Charge and any other sums owed to SWITCH UP (including any Supplemental Charges or additional costs), shall be paid in advance and are due no later than the anniversary of the Start Date (there is 3 day Grace Period relating to this obligation).

10.3 All Charges and any other sums owed to SWITCH UP, shall be paid to their business bank account with the following details: 

Triodos Bank UK Ltd. Registered Office: Deanery Road, Bristol, BS1 5AS

Account 20261985

Sort 16-58-10

Please ensure to include an appropriate Subscriber reference for each payment made. 

10.4 SWITCH UP shall deduct the monthly subscription fee from the Subscriber’s bank account on a date on or around 28 days from when the subscription began, accounting for this standard fee and any other sums owed to SWITCH UP (including any Supplemental Charges or additional costs).

10.5 If additional costs beyond the monthly Charge are charged, such as the Charges set out in these Terms, SWITCH UP will be entitled to first require payment in advance of providing a replacement Bicycle (including Accessories) to the Subscriber. 

10.6 If the monthly Charge, or other costs owed by the Subscriber are not paid for any reason, the Subscriber will be in default. In that case, the Subscriber will receive a demand for payment for the outstanding amount. SWITCH UP may engage with debt collection agents if the outstanding amount is not paid within the period of 30 days. All additional costs associated with instructing debt collection agents and the administration of such, shall be payable by the Subscriber. Additionally, SWITCH UP (or its partners) may trace the location of the Bicycle, including by using any GPS tracking software installed on the Bicycle, and seize the Bicycle (including any Accessories) in respect of which the Subscriber is in default. 

11. LIABILITY

11.1 Nothing in this agreement excludes or limits SWITCH UP’s liability for:

11.1.1 death and personal injury caused by our negligence; 

11.1.2 fraud or fraudulent misrepresentation; or

11.1.3 such other liability that may not be limited or excluded by applicable law. 

11.2 The Subscriber is personally liable for compliance with these Terms. 

11.3 The Subscriber is liable for all fees, fines, penalties or other monetary sanctions imposed on SWITCH UP by third parties, including by public authorities, or damages awarded against SWITCH UP as a result of a breach by the Subscriber of these Terms. In this context, SWITCH UP may cooperate with and provide requested information to any public authority or other third party in connection with such fees or damages. For efficiency, SWITCH UP may choose to pay amounts owed by the Subscriber on the Subscriber’s behalf and the Subscriber shall reimburse SWITCH UP for these sums. Without prejudice to compensation for any other damages, SWITCH UP reserves the right to charge the Subscriber a Supplemental Charge for the handling of such third party claims. By accepting these Terms, the Subscriber agrees that SWITCH UP may impose a Supplemental Charge on the Subscriber and that SWITCH UP may contact the Subscriber in respect of any such Supplemental Charge. 

12. FURTHER AMENDMENTS 

12.1 SWITCH UP reserves the right to make reasonable changes to the monthly Charge if SWITCH UP’s costs change as a result of changes in law, or for annual price increases associated with any increased costs of providing the Subscription Services. Any such changes will be communicated with the Subscriber via email at least one month before the change shall take effect. The Subscriber may terminate the Subscription due to any price change in line with the normal procedure as set out in clause 2.7 (Subscription Services), for terminating their Subscription or where they are still under their minimum Subscription Period they are afforded an equivalent right to terminate their Subscription due to any price change i.e. by giving a written notice following which the Subscription shall terminate one month after receipt of the notice. 

12.2 SWITCH UP has the right to amend the Subscription including but not limited to these Terms, the Charge, the Maintenance and Repair offering and the information contained on the Website, due to changes in the way that SWITCH UP deliver any part of the Subscription Services. Such changes may be made to reflect commercial decisions, market factors, changes to applicable laws and changes to costs associated with running the Subscription Services. 

12.3 Changes to these Terms will be communicated at least one month before the effective date by means of a publication on our Website and/or an email to each affected Subscriber. The Subscriber may terminate the Subscription due to any anticipated changes in line with the normal procedure as set out in clause 2.7 (Subscription Services), for terminating their Subscription.  

12.4 The Subscriber may opt for an alternative Subscription package during the Subscription Period, in which case they will either pay any increased monthly Charge associated with an upgrade (including a pro rata calculation of the charges associated with the upgrade during a particular payment period), or alternatively SWITCH UP shall make the necessary changes to their monthly Charge in the following month (including any pro rata calculation associated with a downgrade during a particular payment period). 

12.5 SWITCH UP shall notify all Subscribers of any change to the Area. Any such change will be communicated with the Subscriber by means of publication via the Website and via email to each Subscriber at least one month before the change shall take effect. The Subscriber may terminate the Subscription due to any Area change in line with the normal procedure as set out in clause 2.7 (Subscription Services), for terminating their Subscription or where they are still under their minimum Subscription Period they are afforded an equivalent right to terminate their Subscription due to any price change i.e. by giving a written notice following which the Subscription shall terminate one month after receipt of the notice. 

13. TERMINATION AND CONSEQUENCES

13.1 Subscribers may terminate their Subscription at any point after their minimum Subscription Period in accordance with clause 2.7 (Subscription Services). 

13.2 SWITCH UP will be entitled to terminate the Subscription immediately by means of a written notice to the Subscriber (most likely via email) in the event of theft of the Bicycle, as otherwise provided for in these Terms or if the Subscriber: 

13.2.1 fails to fulfil its obligations under these Terms, for example failing to pay the monthly Charge or other additional charges incurred by them during their Subscription;

13.2.2 breaches the Conditions of Use or otherwise breaches these Terms in their use of the Bicycle; 

13.2.3 enters into any form of payment arrangement/plan with SWITCH UP;

13.2.4 enters into a Debt Arrangement Scheme or other equivalent UK debt restructuring scheme for natural persons;

13.2.5 enters into sequestration or is declared bankrupt or if a petition to enter into sequestration or bankruptcy has been lodged in respect of the Subscriber;

13.2.6 if a Subscriber is placed under guardianship;

13.2.7 if the Subscriber becomes incapacitated or injured such that they cannot reasonably operate a bicycle; 

13.2.8 in the opinion of the SWITCH UP, abuses the Subscription Services; or 

13.2.9 provides incorrect information to SWITCH UP. 

13.3 Following termination, the Subscriber must make the Bicycle (including Accessories) immediately available for collection by SWITCH UP or its agents within the Area.

13.4 Where a Subscriber has failed to make efforts to do so, SWITCH UP may take action to locate the Bicycle (including Accessories) and confiscate it/them immediately. SWITCH UP reserves the right to apply a Supplemental Charge to the Subscriber for failure to make the Bicycle (including Accessories) available within the Area. 

13.5 The obligations on the Subscriber under these Terms, shall continue regardless of a notification of termination by SWITCH UP to the extent necessary to give effect to these Terms

14. GENERAL TERMS

14.1 By completing the Order Mechanism and taking out a Subscription the Subscriber shall be deemed to have accepted these Terms. 

14.2 These Terms shall be considered to apply to all Subscriptions and will be considered to be inclusive of any additional information or terms provided by SWITCH UP in relation to said Subscription. In the event of conflict between any Subscription specific terms and these Terms, the Subscription specific terms shall take priority.  

14.3 SWITCH UP may provide a Subscriber’s details and relevant information to public authorities, including the police, where necessary and in accordance with applicable laws. 

14.4 SWITCH UP will at all times be entitled to transfer its claims against the Subscriber, of any nature whatsoever, to third parties (most likely debt collection agencies).

14.5 Every notice of termination of Subscription or breach of the Terms must be given in writing. Email shall be considered as sufficient for the purposes of these Terms. 

14.6 If a provision or part-provision of these Terms is or becomes wholly or partially void, invalid, impracticable or unenforceable, the validity and the enforceability of the remaining provisions of these Terms shall not be affected, and the relevant provision or part-provision shall be deemed modified to the minimum extend necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause 14.6 shall not affect the validity and enforceability of the rest of these Terms. 

14.7 By completing the Order Mechanism and taking out a Subscription, the Subscriber acknowledges that SWITCH UP shall process their Personal Data in the provision of the Subscription Services (including in some cases using location data). In all cases the Subscriber’s Personal Data will be processed in accordance with the provisions of SWITCH UP’s Privacy Policy, which can be found here: https://SWITCH UPbikes.org.uk/privacy-policy/-2024

14.7 By completing the Order Mechanism and taking out a Subscription, the Subscriber acknowledges that SWITCH UP shall process their Personal Data in the provision of the Subscription Services (including in some cases using location data). In all cases the Subscriber’s Personal Data will be processed in accordance with the provisions of SWITCH UP’s Privacy Policy, which can be found here: https://SWITCH UPbikes.org.uk/privacy-policy/-2024

14.8 Unless expressly stated otherwise, no person other than the Subscriber and SWITCH UP (including its suppliers currently Bike Rental Manager) shall have any right to enforce any of the provisions of these Terms which, expressly or by implication, confer a benefit on that person, and the Terms do not give rise to any other rights under the Contract (Third Party Rights) (Scotland) Act 2017 to enforce any provisions of the Terms.  

15. GOVERNING LAW AND DISPUTES 

15.1 These Terms and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with Scots law. 

15.2 The Scottish courts shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter (including non-contractual disputes or claims). 

This is the Schedule referred to in the forgoing Terms provided by SWITCH UP and accepted by the Subscriber

Schedule 

Part 1 SWITCH UP Subscription Packages

Package 1

Package 1 – Standard Bike

Bicycle Type: low-step push bike

Specification: https://www.raleigh.co.uk/gb/en/pioneer/crossbar/?attrMarketingColor=Black%20and%20Grey 

Instructions for Use: General use: social & domestic journeys via roads & cycle routes. Shopping runs & commuting.

Carry Weight Limit: 90kg

Included Accessories: Gold Standard Lock included with every bike subscription (must be returned at the end)

Monthly Charge: from £24

Cost of Replacement: No charge if the requirements are met and satisfactory

Maintenance Timescale: For Customer repairs, we aim to meet repair callouts within 48 hours of the issue being raised. Subscribers must come in for a service check & contract renewal every 3 months.

For the most accurate information in relation to this Subscription Package please the corresponding page on our website, here: https://SWITCH UPbikes.org.uk/bikes/

*If there is any conflict between the details of this Subscription Package in these Terms and the details of this Subscription Package on our Website, the details on the Website shall be considered to take priority. 

Package 2

Package 2 – E-Bike

Bicycle Type: Low step e-bike

Specification: https://www.raleigh.co.uk/gb/en/array-electric-hybrid-bike/ 

Instructions for Use: General use: social & domestic journeys via roads & cycle routes where journeys are long distances or very hilly.

Carry Weight Limit: 90kg

Included Accessories: Gold Standard Lock included with every bike subscription (must be returned at the end)

Monthly Charge: from £59

Cost of Replacement: No charge if the requirements are met and satisfactory

Maintenance Timescale: For Customer repairs, we aim to meet repair callouts within 48 hours of the issue being raised. Subscribers must come in for a service check & contract renewal every 3 months.

For the most accurate information in relation to this Subscription Package, please the corresponding page on our website here: https://SWITCH UPbikes.org.uk/bikes/

*If there is any conflict between the details of this Subscription Package in these Terms and the details of this Subscription Package on our Website, the details on the Website shall be considered to take priority. 

Package 3

Package 3 e-cargo bike 

Bicycle Type: E-Cargo Bike, long john

Specification: https://www.babboe.co.uk/babboe-city-mountain 

Instructions for Use: journeys hilly rolling roads on and cycleways

Carry Weight Limit: 80kg for the box load capacity, 100kg rider capacity

Included Accessories: gold standard Lock that must be returned

Cost of Replacement: No charge if the requirements are met and satisfactory

Monthly Charge: from £99

Maintenance Timescale: within 48 hours of an issue being raised, or every 3 months for service check & contract renewal.

For the most accurate information in relation to this Subscription Package please the corresponding page on our website, here: [https://SWITCH UPbikes.org.uk/bikes/]

*If there is any conflict between the details of this Subscription Package in these Terms and the details of this Subscription Package on our Website, the details on the Website shall be considered to take priority. 

Part 2 Overview of Accessories

Standard Accessories: All accessories come with the bike and must be returned accordingly.

Dynamo Lights front/rear, attached:

axa blueline 30 Steady (RRP £15.99)

Axa Blueline 50 (RRP 29.99)

Locks:

E-bike & push bike: Axa Newton Pro gold standard lock £49.99

E-cargo bike: Axa Linq Pro, gold standard lock £77.99

Pannier Rack (RSP Pioneer luggage carrier) 29.99

kickstand (20-700c) 11.99

Continental ride city puncture proof tyres 24.95

Cargo bike tents

Optional Accessories: 

Child Seat 

Additional Costs for Optional Accessories: 

Child Seat – £10/month

Part 3 Supplemental Charges 

This part of the Schedule details the nature of the Supplemental Charges referred to within the Terms. This detail has been provided for Subscriber awareness, and each Subscriber should satisfy themselves of the nature of these Supplemental Charges prior to completing the Order Mechanism. 

Types of Supplemental Charges: 

A. For using the Bicycle for Commercial Purposes, as referred to in clause 4.1 (Conditions of Subscription) of the Terms. Here SWITCH UP reserves the right impose a Supplemental Charge proportionate to the amount of damage caused by the overuse of the Bicycle. 

B  For the Subscriber requesting more than 3 separate repair requests in a calendar month, as referred to in clause 4.2 (Conditions of Subscription) of the Terms. Here SWITCH UP reserves the right to impose a Supplemental Charge proportionate to the amount of damage caused by the Subscriber’s overuse or careless use of the Bicycle. Examples include, but are not limited to, pushing the Bicycle beyond its capabilities, operating it outwith the Instructions for Use, incurring damage that is clearly attributable to a Subscriber using the Bicycle more than a reasonable non-commercial user would and incurring excessive or regular damage to the Bicycle that has obviously been incurred by failure to look after the Bicycle in a manner that would reasonably be expected from a responsible Subscriber.

C. For the Subscriber losing (including unintentional loss) and damaging of the key to the Bicycle lock as referred to in clause 5.6 (Bicycle and Accessories) of the Terms. Here SWITCH UP reserves the right to apply a Supplemental Charge where a replacement key is required or requested. 

D. For the Subscriber missing an appointment for repair as referred to in clause 7.6(Maintenance, Repairs and Exchange) of the Terms. Here SWITCH UP reserves the right to impose a Supplemental Charge if an appointment for repair is arranged and it is missed.

E. For the Subscriber causing damage to the Bicycle (including Accessories) as referred to in clause 8.3 (Damage) of the Terms. Here SWITCH UP reserves the right to impose a Supplemental Charge equivalent to the cost of repairing or replacing parts of the Bicycle so that it is in good working order and ensuring that it is restored to a condition equivalent to the condition that it was originally provided to the Subscriber.

F. For the Subscriber damaging the Bicycle (including Accessories) beyond all reasonable repair or it not being cost efficient to repair due to their actions (such decision to be made at the discretion of SWITCH UP). Here the Subscriber reserves the right to impose a Supplemental Charge equivalent to the cost to buy an equivalent model of the Bicycle or the cost of the damaged Accessory.

G. For the Subscriber not locking or securing the Bicycle (including Accessories) as referred to in clause 9.2 (Theft / Loss) of the Terms. Here SWITCH UP reserves the right to impose a Supplemental Charge in addition to any costs associated with loss of the Bicycle or relevant Accessory where an incident occurs, including but not limited to vandalism, loss or theft.

H. For the Subscriber making or providing false statements to SWITCH UP as referred to in Clause 9.5 (Theft / Loss) of the Terms. Here Switch reserves the right to claim any damages from the Subscriber resulting therefrom and to impose a Supplemental Charge.

I. For the Subscriber breaching the Terms and as a result, SWITCH UP having to pay any fees, fines, penalties or other monetary sanctions imposed by third parties, including by public authorities, or damages awarded against SWITCH UP as referred to in clause 11.3 (Liability) of the Terms. Here SWITCH UP reserves the right to charge the Subscriber a Supplemental Charge for handling such third party claims. 

J. For the Subscriber failing to make efforts to make the Bicycle (including Accessories) immediately available for collection by SWITCH UP or its agents within the Area following termination as referred to in clause 13.5 (Termination and Consequences) of the Terms. Here SWITCH UP reserves the right to apply a Supplemental Charge to the Subscriber for failure to make the Bicycle (including Accessories) available within the Area. 

Further Compensation: 

A. For the Subscriber failing to notify SWITCH UP about damages or accidents or failure to notify within the timeframe as referred to in Clause 8.5 (Damage) of the Terms. Here SWITCH UP reserves the right to claim from the Subscriber compensation for any losses arising as a result of a failure by the Subscriber.

B. For the Subscriber actions that result in theft or loss of the Bicycle (including Accessories) as referred to in Clause 9.6 (Theft / Loss) of the Terms. Here SWITCH UP reserves the right to claim from the Subscriber compensation up to the amount of actual damages suffered by SWITCH UP.

C. For the Subscriber breaching the Terms and as a result, SWITCH UP having to pay any fees, fines, penalties or other monetary sanctions imposed by third parties, including by public authorities, or damages awarded against SWITCH UP as referred to in clause 11.3 (Liability) of these Terms. Here SWITCH UP reserves the right to compensate for the damages suffered by SWITCH UP.

Part 4 Service Area

The Area is currently defined as the area consisting of a 5-mile radius from Glasgow city centre, the city centre shall be taken from [Glasgow Central Station].