united-states criminal-law contract-law england-and-wales civil-law
Failing to return hired goods: criminal offence or civil matter?
<p>Meet Bob. Bob hired a TfL/Santander bicycle for £1.65/30minutes and lost it.</p>
<p>Bob has presumably committed a breach of contract, but has he committed a criminal offence?</p>
<p>Now meet Alice. Alice hired a car for £30/day from enterprise. She also loses it and fails to return it. Has she committed any criminal offence or are these situations purely civil wrongs?</p>
<p>Does the answer change if it is a DVD from Blockbuster rather than a car or bicycle?</p>

<p>I cannot see any criminal offence with Bob losing a bike. It is, as far as I can see, purely contractual.</p>
<p>According to <a href="https://tfl.gov.uk/modes/cycling/santander-cycles/lost-stolen-or-faulty" rel="noreferrer">TfL Santander Cycles Lost, stolen or faulty</a> page:</p>
<blockquote>
<p>If your cycle is lost or stolen, call the Contact Centre on 0343 222 6666 (call charges may apply). We're open every day of the year.</p>
</blockquote>
<p>And:</p>
<blockquote>
<p><strong>Charges for missing/damaged cycles</strong></p>
<p>You may be charged if the bike is not returned or is damaged by you or an additional user.</p>
<ul>
<li><p>Not returned: up to a maximum charge of £300</p>
</li>
<li><p>Damage: up to a maximum charge of £300</p>
</li>
</ul>
</blockquote>
<p>Similarly, purely losing a hire car is not a criminal offence. It would be a matter for the insurance provider to deal with.</p>
<p>If Bob was complicit in theft, then that would require a different (and off-topic) answer.</p>
