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  • This does mean you have to stay at the company for all 4 years though. If you leave after 2 years then the bike will not have depreciated to the deposit value (it's 13%/17% based on whether the voucher was for less than £500 as before).

    Is this the case? So far as I can see, my extended use period (years 2-4) is with Cyclescheme, not my company. This is the T&Cs from my Agreement. Section 8 seems to cover it.

    Extended Use Agreement

    IMPORTANT: You must read this carefully. This agreement details your
    rights and responsibilities and is legally binding upon you. You are
    strongly advised to obtain independent advice on any aspect of this
    agreement you are unsure of.

    Terms & Conditions

    1.0 Introduction

    This Extended Use Agreement ("Agreement") is in two parts: the front
    page setting out various items of key information and the second page,
    these terms and conditions, which sets out the basis on which
    Cyclescheme Limited will allow you to have continued use of the
    bicycle and (if applicable) safety equipment hired by you previously
    under a Hire Agreement with your Employer (the "Equipment") for the
    main purpose of commuting between your home and workplace, or between
    different workplaces in connection with your employment ("Commuting").

    2.0 Eligibility for Tax Benefits

    The intention is that by entering into this Agreement you will be
    entitled to retain possession and use of the Equipment but without
    ownership of the Equipment transferring to you. You are required to
    continue to meet the following conditions in order to benefit from the
    use of the Equipment under this Agreement: •Subject to section 6.0,
    you are still in possession of the Equipment you originally hired from
    your Employer; •You must use the Equipment mainly for Commuting,
    although you are entitled to use it for other purposes as well;

    If any of these conditions are not or cease to be satisfied, or the
    law changes, you may find that you are no longer eligible to use the
    Equipment unless you wish to purchase it at the market value
    determined in accordance with HMRC guidelines in force at the time. It
    is your responsibility to inform Cyclescheme.

    3.0 Salary Sacrifice and Extended Use Period

    By signing the Agreement and paying the Continuation Deposit (as
    detailed on the front page) you agree to use the Equipment for a
    further continuous period of 35 months from the date set out in the
    'Duration of Extended use' section of the Agreement (the "Use
    Period"). In return for Cyclescheme agreeing to allow you to continue
    using the Equipment for the Use Period, you agree to continue to use
    the Equipment mainly for commuting. No additional salary sacrifice
    reduction or rental payment is required from you under this Agreement.

    At the end of the Use Period, Cyclescheme will contact you to discuss
    what will happen to the bicycle. You may be offered the opportunity to
    take ownership of the Equipment at the market value (to be established
    at the time in accordance with HMRC guidelines). Otherwise, you will
    be required to return the bicycle to Cyclescheme at your own cost, to
    the address notified to you by Cyclescheme. Upon the safe return of
    the bicycle, Cyclescheme will return your Continuation Deposit.

    If at any time you are required to return the bicycle but fail to do
    so, you will forfeit the right to a refund of your Continuation
    Deposit.

    4.0 Your responsibilities

    During the Extended Use Period: •The Equipment remains the property of
    Cyclescheme and you may not profit from, transfer, sell or otherwise
    dispose of the Equipment; •You must retain possession of the Equipment
    and use it mainly for Commuting, although use for other secondary
    purposes is permitted (excluding competitions and dangerous
    activities); •You will continue to be responsible for any loss of or
    damage to the Equipment which subsequently occurs, except where this
    is caused by a defect in the Equipment - (see section 5 - Defective
    Equipment) therefore we recommend that you continue to insure the
    Equipment; •You must ensure the Equipment is used safely and
    maintained properly in accordance with any instructions provided by
    the manufacturer(s) of the Equipment and/or by the relevant
    Cyclescheme Partner Shop (where the Equipment was originally
    collected).

    5.0 Defective Equipment

    The Equipment may be covered by warranties given by the relevant
    manufacturers (or their importers), as well as by any additional
    warranties that apply under the general law and nothing in this
    Agreement affects the rights that you have under the general law.

    If Equipment becomes defective as a result of your misuse or neglect
    you will be responsible to bring the bicycle back to good working
    order.

    If any defects or other warranty issues subsequently come to light,
    please contact the relevant Cyclescheme Partner Shop in the first
    instance.

    6.0 Lost, stolen or damaged Equipment

    If at any time during the Extended Use Period, the Equipment (or part
    of it) is lost or stolen, or damaged to the point of no longer being
    usable for Commuting, you should contact Cyclescheme immediately at
    the address shown overleaf under "Parties to agreement". Please note
    that if you do not replace the Equipment you will forfeit the right to
    a refund of your Continuation Deposit.

    You are strongly advised to obtain specific insurance for the
    Equipment, or otherwise ensure it is covered by your home contents
    insurance policy. You must inform your insurer that Cyclescheme has an
    interest in the Equipment.

    Please note that as long as you purchase any replacement equipment
    following the theft or loss of the Equipment you originally obtained
    under the Hire Agreement (with your employer) that replacement
    equipment will be covered by the terms of this Extended Use Agreement
    provided you continue to use the Equipment in accordance with section
    2 (Eligibility) above.

    7.0 Absence from work

    If you are absent from work during the Use Period the Agreement will
    remain in place until the 35 month extended Use Period has expired.

    8.0 Leaving your employment

    If you leave your employment for any reason during the term of the
    Extended Use Agreement, the Agreement will remain in force until its
    expiry as long as you continue to meet the eligibility criteria as
    detailed in section 2.0 Eligibility, but you must inform Cyclescheme
    of any change in circumstance.
    9.0 Data Protection

    By entering into this Agreement, you will be authorising Cyclescheme
    to use personal information about you to the extent necessary to
    administer the arrangements described in this Agreement. The Data
    Protection Act 1998 will apply to that information.

    10.0 General

    Cyclescheme will not have any responsibility under this Agreement if
    it is delayed in performing, or fails to perform, any of its
    obligations under this Agreement as a result of any circumstances
    beyond its reasonable control. Further, at no time shall Cyclescheme
    have any liability to you for any loss or damage arising other than as
    a direct result of its actions or omissions.

    It is your responsibility to adhere to both the Road Traffic Act and
    the Highway Code as standards whilst using the Bicycle and (if
    applicable) safety equipment.

    Cyclescheme intends to rely upon the written terms set out in this
    Agreement. No variations will be permitted without out prior consent.

    This Agreement is governed by English law and any dispute arising
    shall be dealt with in the exclusive jurisdiction of the English
    Courts.

    CS EUA V1.0.3

    This may only relate to Cyclescheme and is from a few years ago so it could have changed.

  • I think it's just Cyclescheme administering it on behalf of your employer. I can't see how the asset (the bike) could be transfered to Cyclescheme in a way that they could continue to make money out of it otherwise.

    [EDIT] Actually, I guess Cyclescheme just hire it from your employer in the same way that you do for the first year. At any point after that Cyclescheme have an option to buy it from your employer (if you want to) at the price determined by the HMRC tables, and are then free to sell it on for that same value to you. That keeps it all clean and easy for the employer. Cyclescheme have already made their money out of the cut of the original voucher price (the bike shop only receives 90% of the voucher value I believe).

    [EDIT2] Seems to be backed up by http://www.cyclescheme.co.uk/employers/employer-updates/hmrc-update

    "9. If the employment status of a scheme participant changes, what happens?

    During the initial hire period, if Cyclescheme are notified of a change of employment status, we will contact the employee with their end of hire options at the point we are informed.

    During the extended use period, the employer has no responsibility to contact Cyclescheme, as the agreement is between Cyclescheme and the employee. If the employee changes jobs the agreement is still valid."

    So you just need to stay in your job for the first 12 months. You can then run the Extended Use Agreement with Cyclescheme and not worry about changing jobs.

    This is assuming that your employer uses Cyclescheme to do this. There are other schemes (and direct employer schemes too).

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