Gardeners Belsize Park Terms and Conditions of Service
These Terms and Conditions set out the basis on which Gardeners Belsize Park provides gardening and related services to residential and commercial clients within its service area. By making a booking or permitting our gardeners to commence work at your premises, you agree to be bound by these Terms and Conditions.
1. Definitions
In these Terms and Conditions, the following expressions have the meanings given below:
Client means the person, firm or company requesting the services of Gardeners Belsize Park.
Company, we, us, our means Gardeners Belsize Park.
Premises means the garden, land or property where the services are to be carried out.
Services means gardening and related services supplied by the Company, including but not limited to garden maintenance, lawn care, planting, hedge trimming, pruning, garden clearance and related works.
Agreement means the contract between the Client and the Company comprising these Terms and Conditions and any written confirmation of booking, quotation or schedule of work.
2. Scope of Services
The Company provides a range of gardening and outdoor maintenance services within its designated service area. The exact nature of the Services to be provided will be agreed with the Client at the time of booking and may be confirmed in a written quotation or service schedule.
All Services are subject to availability and to any specific limitations set out in the booking confirmation or quotation. The Company reserves the right to decline work that it considers unsafe, unsuitable or outside its professional capabilities.
3. Booking Process
3.1 A booking may be requested by the Client via the Company’s chosen communication channels. The Client must provide accurate information about the Premises, including access details, approximate garden size, current condition, and any known hazards or restrictions.
3.2 The Company may provide an estimate or quotation based on the information supplied by the Client. Where necessary, the Company may request photographs or arrange a site visit before confirming the booking.
3.3 A booking is accepted and an Agreement formed only when the Company confirms the booking to the Client. Confirmation may be given in writing or verbally, provided it is clear that the Company has accepted the work.
3.4 For ongoing or regular services, the Company may agree a recurring schedule. Such arrangements will continue until cancelled by either party in accordance with these Terms and Conditions.
4. Quotations and Estimates
4.1 Any quotation or estimate provided by the Company is based on the information available at the time and is subject to change if the actual condition or size of the Premises differs significantly from that described by the Client.
4.2 Unless stated otherwise, quotations are valid for 30 days from the date of issue. After this period, the Company may revise the quotation to reflect changes in costs, availability or other relevant factors.
4.3 Where work is charged on an hourly or day-rate basis, the Client will be informed of the applicable rates in advance. Time spent on site includes set-up, delivery and removal of tools, and any necessary clearing or tidying directly related to the Services.
5. Access to the Premises
5.1 The Client must ensure that the Company has safe and reasonable access to the Premises at the agreed time. This includes access to any external gates, communal areas, or parking spaces reasonably required for equipment and waste removal where applicable.
5.2 If the Company is unable to access the Premises due to circumstances within the Client’s control, the visit may be treated as a late cancellation and may be subject to a cancellation fee in accordance with section 9.
5.3 The Client must inform the Company in advance of any particular access requirements, security systems, parking restrictions, or other conditions that may affect attendance or the timetable for the Services.
6. Client Responsibilities
6.1 The Client must ensure that the Premises are in a condition suitable for the Services to be carried out safely. This includes the removal of non-garden objects, securing pets, and notifying the Company of any known underground services such as cables, pipes or irrigation systems.
6.2 The Client must not request or permit the Company’s staff or contractors to undertake any work that falls outside the agreed scope of Services or is unsafe, unlawful, or beyond the Company’s insurance cover.
6.3 The Client shall provide access to water and electricity where reasonably required to perform the Services, unless otherwise agreed.
7. Health and Safety
7.1 The Company will carry out the Services with due regard to health and safety requirements and will take reasonable care to protect the Client, the Premises, and any third parties.
7.2 The Company reserves the right to suspend or refuse work if staff consider the conditions to be unsafe, for example due to extreme weather, hazardous materials on site, or dangerous structures or equipment.
7.3 The Client must notify the Company of any health and safety risks of which they are aware, including uneven ground, unstable walls or trees, known allergies to plants or products, or the presence of aggressive animals.
8. Payments and Charges
8.1 The Client agrees to pay the Company the fees set out in the quotation, estimate, or booking confirmation, or as otherwise agreed in writing.
8.2 Payment terms will be stated by the Company at the time of booking. Unless otherwise agreed, payment is due on completion of the Services for one-off visits, and within the agreed period for regular or contract work.
8.3 The Company may require a deposit or advance payment for certain types of work, particularly for large projects, bespoke planting schemes, or where materials need to be purchased in advance. Any such requirement will be communicated before the booking is confirmed.
8.4 If the Client fails to make payment by the due date, the Company reserves the right to suspend further Services until outstanding amounts are settled and to charge reasonable interest and administration fees on overdue balances in accordance with applicable UK law.
9. Cancellations and Amendments
9.1 The Client may cancel or amend a booking by providing the notice required by the Company’s cancellation policy. Unless otherwise indicated, at least 24 hours’ notice before the scheduled start time is required for standard visits.
9.2 If the Client cancels with insufficient notice or fails to provide access to the Premises, the Company may charge a cancellation fee to cover lost time and any costs incurred. The applicable fee will be communicated to the Client in advance or set out in the booking confirmation.
9.3 In the event of severe weather or other circumstances beyond the Company’s reasonable control, the Company may reschedule the Services without liability. The Company will notify the Client as soon as reasonably practical and arrange a new appointment.
9.4 For ongoing or regular services, either party may terminate the arrangement by giving reasonable written notice. Where the Client terminates during an agreed minimum term, early termination charges may apply if stated in the service agreement.
10. Garden Waste and Environmental Regulations
10.1 The Company will handle garden waste in accordance with current UK waste and environmental regulations. This may involve cutting, bagging or stacking waste on site, or removing it from the Premises where this has been expressly included in the quotation or booking.
10.2 Unless the quotation or booking specifically includes waste removal, the Client is responsible for the disposal of garden waste generated by the Services. The Company will advise on practical options where requested.
10.3 Where waste removal is included, any volumes significantly exceeding those anticipated at the time of quotation may incur additional charges, which will be agreed with the Client before removal.
10.4 The Company does not remove hazardous or controlled waste, including but not limited to asbestos, chemicals, contaminated soil, or sharp metal debris. The Client remains responsible for identifying and arranging the lawful disposal of such items through appropriate channels.
11. Materials, Plants and Products
11.1 Where the Company supplies plants, materials or products, these will be of a standard suitable for the intended purpose. Exact varieties, colours or sizes may be subject to availability and seasonal factors, and reasonable substitutions may be made where necessary.
11.2 The Company cannot guarantee the long-term survival or performance of plants or lawns, as these depend on environmental conditions, maintenance, pests and diseases beyond the Company’s control. The Company will, however, carry out planting and related work with reasonable care and skill.
11.3 Any warranties or guarantees provided by manufacturers of products or equipment supplied as part of the Services are subject to the terms of those manufacturers and are not separately warranted by the Company.
12. Liability and Insurance
12.1 The Company will exercise reasonable care and skill in providing the Services. If the Client is dissatisfied with any aspect of the work, they must notify the Company within a reasonable period so that the Company has an opportunity to inspect and, where appropriate, remedy the issue.
12.2 The Company holds appropriate insurance cover for its operations, including public liability insurance, subject to the terms, conditions and exclusions of the relevant policy.
12.3 The Company will not be liable for any indirect or consequential loss, loss of profit, or loss of enjoyment arising out of or in connection with the Services, whether in contract, tort or otherwise, except where such liability cannot be excluded by law.
12.4 The Company shall not be responsible for damage to underground cables, pipes or other services where the Client has failed to inform the Company of their presence or provide accurate information regarding their location.
12.5 Nothing in these Terms and Conditions limits or excludes the Company’s liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other matter for which liability cannot lawfully be limited or excluded under UK law.
13. Complaints and Dispute Resolution
13.1 If the Client has any concerns or complaints regarding the Services, they should contact the Company as soon as possible, providing details of the issue, the date of the visit, and any supporting information.
13.2 The Company will make reasonable efforts to investigate and resolve complaints promptly, which may include a follow-up visit to inspect the work and, where appropriate, corrective action.
13.3 If a dispute cannot be resolved informally, the parties may consider mediation or other alternative dispute resolution methods before resorting to formal legal proceedings, where this is appropriate and agreed by both parties.
14. Force Majeure
14.1 The Company shall not be liable for any delay or failure to perform its obligations where such delay or failure results from events or circumstances beyond its reasonable control, including but not limited to severe weather, accidents, illness, equipment failure, transport disruption, strikes, or changes in law or regulation.
14.2 In such circumstances, the Company will endeavour to notify the Client and to resume or reschedule the Services as soon as reasonably practicable.
15. Data Protection and Privacy
15.1 The Company will collect and use personal information about the Client for the purpose of managing bookings, providing the Services, processing payments, and communicating about work or appointments.
15.2 The Company will handle personal data in accordance with applicable UK data protection legislation and will take reasonable steps to keep such information secure.
15.3 The Client has the right to request access to and correction of personal data held by the Company, subject to any legal restrictions or procedural requirements in force at the time.
16. Changes to These Terms and Conditions
16.1 The Company may amend these Terms and Conditions from time to time to reflect changes in law, industry practice or the nature of its Services.
16.2 The version of the Terms and Conditions in force at the time of booking will apply to that booking, unless a change is required by law or agreed with the Client. Updated terms may apply to future bookings or ongoing services, following reasonable notice to the Client.
17. Governing Law and Jurisdiction
17.1 These Terms and Conditions, and any dispute or claim arising out of or in connection with them or the Services, shall be governed by and construed in accordance with the laws of England and Wales.
17.2 The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions or the Services provided by the Company.
By booking Services with Gardeners Belsize Park or allowing work to commence at your Premises, you confirm that you have read, understood and agree to these Terms and Conditions.
