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Credit Hire Agreement Template for England and Wales

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Key Requirements PROMPT example:

Credit Hire Agreement

"I need a Credit Hire Agreement for a fleet of luxury vehicles to be used as temporary replacements for insurance customers, with specific provisions for damage coverage and a credit period of 30 days. The agreement needs to be compliant with the ABI GTA guidelines."

Document background
A Credit Hire Agreement is essential when providing replacement vehicles to individuals or businesses who require temporary transportation following an accident, particularly in non-fault situations. Under English and Welsh law, this document establishes the contractual relationship between the hire company and the hirer, detailing the terms of credit provision, vehicle specifications, insurance requirements, and payment obligations. The agreement must comply with consumer credit legislation, including the Consumer Credit Act 1974 and related regulations, while also adhering to industry standards and best practices. It serves as a crucial document for protecting both parties' interests and facilitating potential cost recovery from third-party insurers.
Suggested Sections

1. Parties: Identification of the credit hire company and the hirer, including full legal names and addresses

2. Background: Context of the hire arrangement, including circumstances leading to the need for a replacement vehicle

3. Definitions: Key terms used throughout the agreement including 'Hire Period', 'Daily Rate', 'Insurance', etc.

4. Hire Terms: Core terms including duration, vehicle details, and pricing

5. Payment Terms: Details of charges, payment method, and payment schedule

6. Insurance Requirements: Mandatory insurance provisions and requirements

7. Vehicle Condition and Return: Standards for vehicle maintenance and return conditions

Optional Sections

1. Collision Damage Waiver: Optional insurance coverage for additional protection beyond standard insurance requirements

2. Additional Services: Extra services such as delivery/collection, GPS, child seats and their terms

3. Credit Recovery: Terms for recovery of costs from third party insurers in accident-related hires

Suggested Schedules

1. Schedule 1 - Vehicle Specification: Detailed description of the hired vehicle including make, model, registration, condition

2. Schedule 2 - Rate Card: Breakdown of all applicable rates and charges

3. Schedule 3 - Insurance Details: Comprehensive insurance information and requirements

4. Appendix A - Vehicle Condition Report: Initial and final condition reports with photographs

5. Appendix B - Terms and Conditions: Standard terms and conditions of hire

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions


































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Industries

Consumer Credit Act 1974: Primary legislation governing consumer credit agreements in the UK, including credit hire arrangements. Sets out the framework for consumer protection in credit transactions.

Consumer Rights Act 2015: Consolidates consumer protection law, including unfair terms in consumer contracts and the quality of services provided.

Supply of Goods and Services Act 1982: Governs the supply of goods and services, including implied terms about quality and fitness for purpose in hire contracts.

Unfair Contract Terms Act 1977: Regulates contracts by restricting how far civil liability for breach of contract can be avoided through contract terms.

Financial Services and Markets Act 2000: Provides the framework for financial services regulation in the UK, including credit-related activities.

Consumer Protection from Unfair Trading Regulations 2008: Prohibits unfair commercial practices between traders and consumers, including misleading actions and aggressive practices.

Consumer Contracts Regulations 2013: Sets out requirements for information provision, cancellation rights, and additional charges in consumer contracts.

Consumer Credit (Agreements) Regulations 2010: Specifies the form and content requirements for regulated credit agreements.

Consumer Credit (Disclosure of Information) Regulations 2010: Details the information that must be disclosed to consumers before entering into a credit agreement.

ABI General Terms of Agreement: Industry guidelines for credit hire arrangements, particularly relevant for insurance-funded credit hire.

FCA Regulations: Financial Conduct Authority rules and guidance for credit-related regulated activities.

Consumer Credit Sourcebook (CONC): FCA handbook containing detailed rules and guidance for consumer credit firms.

Dimond v Lovell [2002]: Key case law establishing principles regarding the recovery of credit hire charges.

Bent v Highways and Utilities Construction [2011]: Important case law regarding the assessment of reasonable hire rates in credit hire claims.

Stevens v Equity Syndicate Management Ltd [2015]: Case law clarifying the approach to determining basic hire rates in credit hire claims.

UK General Data Protection Regulation: Regulations governing the processing of personal data, including requirements for data collection and processing in credit agreements.

Data Protection Act 2018: UK's implementation of data protection requirements, supplementing the UK GDPR.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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