The Hire Agreement

Pass with Pearson Ltd - Hire Terms & Conditions

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Section 1 - Definitions & General Hire Terms​

1. Pass with Pearson Ltd will be known as The Company

2. The person named on The Hire Form will be known as The Hirer

3. The vehicle hired by The Hirer shall be known as The Vehicle

4. The Vehicle is the vehicle that is listed on The Hire Form, identified by its registration mark

5. The Hire Form is the document completed by The Company and signed by The Hirer, outlining The Vehicle, The Hire Period and any additional clauses

6. The Hirer must sign this hire agreement, make payment for the hire or accept the keys to The Vehicle. Any of these events constitutes acceptance of this hire agreement

7. The time that The Vehicle has been hired for, as recorded by the start and end time/date written on the hire form, shall be known as The Hire Period

8. The Fair Wear and Tear Guide will outline any acceptable and not acceptable wear/damage to The Vehicle, along with any fees that may apply.

9. The Hirer must be an Approved Driving Instructor (ADI), a Potential Driving Instructor (PDI) holding a valid trainee licence to teach, or a Potential Driving Instructor (PDI) who has passed their part one (theory) AND part two (driving ability) tests

10. Prior to The Hire Period starting, The Hirer must provide The Company with:

     a. A valid driving licence photocard OR paper driving licence and passport

     b. A valid driving licence summary including a check code

     c. A valid ADI/PDI licence or proof of passing a part two (driving ability) test

     d. A bank statement/utility bill/council tax bill issued to The Hirer within the last 3 months

     e. Proof of fully comprehensive insurance that covers The Vehicle for The Hire Period that meets the terms outlined in section 2

11. The Vehicle must not be driven, operated or used:

     a. For any Hire and/or Reward purposes, including (but not limited to) the carriage of goods/food for delivery services or the carriage of people as a taxi service. Use for Driving Tuition/Examination purposes is exempt from this clause.

     b. For any unlawful purpose.

     c. Once The Hire Period has ended, unless approval has been granted in writing by The Company, payment has been received and further proof of insurance has been provided to The Company

     d. Outside the United Kingdom, unless approval has been granted by The Company

12. The Vehicle must not be disposed of, given away, sold, loaned, leased, sub-let or be allowed to have any lien/wager/bet placed against it without the written permission of The Company.

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Section 2 - Insurance

1. The Hirer must provide insurance that covers The Vehicle for The Hire Period (including any extensions). Such insurance must:

     a. Be from a reputable insurer that covers dual control vehicles for driving tuition purposes

     b. Display the registration mark of The Vehicle

     c. State that The Company is the legal owner and registered keeper of The Vehicle

     d. Cover the vehicle for third party claims, fire, theft and accidental damage (normally known as fully comprehensive)

     e. Be provided in paper or digital format to The Company before The Hire Period begins

     f. Cover The Vehicle for the entire duration of The Hire Period (including any extensions to The Hire Period if permitted by The Company. A copy of the insurance covering any extensions will be requested by The Company before any extensions are permitted)

2. Any Driver must:

     a. Be covered by the insurance provided by The Hirer

     b. Hold a valid driving licence that is legally recognised in the UK unless the insurance provided by The Hirer covers drivers under the legal driving age for tuition whilst legally off road

3. The Hirer will be liable for all damages and injuries to any third party, the full replacement cost of The Vehicle, or any cost to repair damage to The Vehicle (whichever is less), plus any loss-of-use costs and administration fees should:

     a. The Hirer’s insurance policy fail in any way

     b. The Hirer, or any driver that The Hirer authorises to drive or use The Vehicle, commits an act that causes damage, fire or theft to The Vehicle that is not covered by the Hirer’s insurance policy

4. Should The Hirer’s insurance policy make any payment for loss of or damage to The Vehicle, it must immediately be issued to The Company without delay. Should such payment not cover the full replacement cost of The Vehicle, The Hirer will be liable to make up the difference. Once The Company has received the full replacement cost of The Vehicle, either The Company will make a payment to The Hirer’s insurance company and retain The Vehicle and or The Company’s interest in The Vehicle will cease

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Section 3 - Obligations of The Hirer

1. The Hirer must return The Vehicle to The Company by the end of The Hire Period, with all equipment, accessories, keys, tyres, and tools that The Vehicle was supplied with

2. The Hirer must return The Vehicle to The Company upon reasonable request, with all equipment, accessories, keys, tyres, and tools that The Vehicle was supplied with

3. The Hirer must return The Vehicle by the end of The Hire Period and without delay. Should The Vehicle not be returned at this time, The Hirer will be given a 30 minute grace period provided The Hirer has made contact with The Company. Should The Vehicle not be returned within the 30 minute grace period, The Hirer will be liable for a full days hire charge. If The Vehicle is not returned within 2 hours of the end of The Hire Period, The Vehicle will be reported as stolen. Should The Company have to repossess The Vehicle, all costs associated with this, as well as loss of use and administration charges, will be charged to The Hirer

4. The Hirer must return The Vehicle in the same condition as The Vehicle was supplied, with exception of ordinary wear and tear as outlined in our Fair Wear and Tear Guide

5. The Hirer will be liable for all costs incurred should they or any driver they authorise be negligent whilst using or driving The Vehicle

6. The Hirer must inform The Company without delay should The Vehicle be involved in an incident, even if no damage has been sustained to The Vehicle

7. The Hirer must inform The Company without delay should The Vehicle become unroadworthy or not safe for use on the road, and must not continue using The Vehicle

8. The Hirer must, at their cost, maintain the following on The Vehicle:

     a. Screen wash, engine oil and engine coolant levels

     b. Correct air pressure for all tyres

9. The Hirer must ensure that all tyres remain above 2mm of tread across the central ¾ of the breadth of the tyre for the duration of The Hire Period. If The Hirer has measured that any tyre fitted to The Vehicle has worn below 2mm, The Hirer must inform The Company without delay so The Company can arrange to have the tyre replaced. Should any tyre fitted to The Vehicle wear below 1.6mm during The Hire Period, The Hirer will be responsible for any costs incurred to have The Vehicle transported to a VAT registered garage to have the tyre replaced

10. The Hirer is responsible for the costs of all repairs required to The Vehicle that are not considered ordinary wear and tear/servicing (e.g. a pupil hitting a kerb and damaging a wheel and suspension components is not considered ordinary wear and tear).

11. Should The Vehicle require any repairs or servicing during The Hire Period that are part of ordinary wear and tear/servicing, The Hirer must inform The Company without delay. The Company will either:

     a. Require The Hirer to return The Vehicle to The Company to allow such repairs/servicing to take place. Should The Company not be able to provide another vehicle, then The Hire Period will end and any remaining full days will be reimbursed to The Hirer.

     b. Arrange for The Vehicle to be repaired/serviced at a VAT registered garage local to The Hirer.

12. The Hirer must be truthful in their application for The Vehicle. Should it be found that The Hirer has made any false statement, or has provided false/fake documentation to obtain The Vehicle, The Hire Period will cease with immediate effect and The Vehicle will no longer be in the possession of The Hirer with our consent.

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Section 4 - Obligations of The Company

1. The Company will ensure that The Vehicle remains taxed and holds a valid MOT for the duration of The Hire Period

2. The Company will, at their cost, ensure that The Vehicle is maintained and serviced at the intervals specified by The Vehicle manufacturer

3. The Company will, at their cost, replace any tyre that falls below 2mm of tread

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Section 5 - Exclusion of Liability

1. The Company will not be responsible should the Vehicle develop a fault that The Company cannot have reasonably foreseen. The Company will do everything within its capability to ensure The Hirer remains mobile

2. Faults that do not render The Vehicle undriveable will not be repaired until the Hire Period is completed

3. Should The Company not be able to arrange a repair of The Vehicle the same day, or provide a replacement vehicle, the Hire Period will cease, and any full day’s hire costs will be refunded to The Hirer and The Company will arrange collection of The Vehicle

4. Should The Company source a replacement vehicle, The Hirer will be required to provide proof of insurance that meets the terms in section 2. The Hire Period shall be transferred to the replacement vehicle with the same end date/time as the initial agreement (at no extra cost, should the replacement vehicle have a higher hire charge, or with no refund due if the replacement vehicle has a lower hire charge)

5. Should the Hire Period end as described in section 3, part 6, and such reason for The Vehicle being unsafe to drive or not roadworthy is due the actions of The Hirer or a driver that The Hirer authorises to drive The Vehicle, there will be no refund due and The Hirer will be liable for costs for The Company to collect The Vehicle

6. Should the Hire Period end as described in section 3 - part 2, section 3 - part 11, or section 5 - part 3, The Company’s liability is limited to refunding any full day’s hire fees only. No consequential losses will be covered such as loss of earnings, missed driving tests, missed driving lessons or missed appointments. This list is not exhaustive