Terms And Conditions
Gardeners Holland Park Service Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Holland Park provides gardening and related services to residential and commercial clients. By booking or using any of our services, you agree to be bound by these Terms and Conditions. Please read them carefully before placing a booking.
These Terms and Conditions apply to all services supplied by Gardeners Holland Park, including but not limited to garden maintenance, lawn care, planting, soft landscaping, seasonal tidy-ups, and related outdoor works.
1. Definitions
In these Terms and Conditions, the following definitions apply:
Client means the person, company, or organisation requesting and receiving services from Gardeners Holland Park.
Company means Gardeners Holland Park, the gardening service provider.
Services means the gardening and related services that the Company agrees to provide to the Client.
Booking means a request by the Client for Services, which is accepted and confirmed by the Company.
Site means the garden, outdoor area, or property where the Services are to be carried out.
2. Scope of Services
The Company will provide the Services as described and agreed at the time of booking or as subsequently confirmed in writing. This may include a one-off visit or an ongoing maintenance schedule.
Any description of Services and any estimate or quotation provided is based on the information supplied by the Client and any site visit undertaken by the Company. If the actual condition of the Site differs from what was reasonably anticipated, the Company reserves the right to amend the scope of Services, estimated duration, and price.
The Company is not responsible for work outside the agreed scope. Any variation or additional work must be agreed in advance and may result in extra charges.
3. Booking Process
3.1 Requesting a booking
Clients may request a booking by contacting the Company and providing details of the required Services, the address of the Site, access information, and any relevant preferences or constraints.
3.2 Quotations and estimates
The Company may provide a quotation or estimate for the requested Services, which may be subject to a site assessment. Quotations are normally valid for a limited period, which will be indicated at the time of issue, after which they may be reviewed or withdrawn.
3.3 Confirmation of booking
A Booking is treated as confirmed only when the Company notifies the Client that the requested date, time, and Services have been accepted. The Company reserves the right to refuse any Booking at its discretion.
3.4 Start dates and time windows
The Company will use reasonable efforts to attend the Site at the agreed date and within the indicated time window. However, attendance times are approximate and may be affected by weather conditions, traffic, unexpected delays on previous jobs, or other circumstances outside the Company’s control.
4. Client Responsibilities
The Client is responsible for ensuring that the Company has safe and reasonable access to the Site at the agreed time, including access to gates, pathways, and any parking or loading areas required for equipment and materials.
The Client must inform the Company in advance of any hazards, restrictions, or specific requirements at the Site, including but not limited to underground services, uneven ground, fragile structures, pets, and security systems.
The Client must ensure that the Site is clear of significant obstacles not related to the Service such as garden furniture or personal items, unless otherwise agreed. The Company accepts no liability for damage to or loss of items left in the working area that were not reasonably apparent or notified in advance.
Where water and electricity are reasonably required for the performance of the Services, the Client agrees to provide access to these utilities at no cost to the Company, unless otherwise agreed.
5. Estimates, Pricing, and Variations
All prices are quoted in pounds sterling unless otherwise stated. The Company may provide either a fixed-price quotation or an hourly or day-rate estimate depending on the nature of the work.
If during the Services the Company identifies additional work that is reasonably required to achieve the desired outcome or to ensure safety, the Company will discuss any variation with the Client. Additional work and associated charges will only be undertaken with the Client’s agreement, which may be given verbally or in writing.
Where Services are charged on an hourly basis, the minimum charge and any applicable call-out charges will be communicated to the Client in advance of the Booking.
6. Payments and Invoicing
6.1 Payment terms
Payment terms will be communicated to the Client at the time of Booking or quotation. Unless otherwise agreed, payment is due immediately upon completion of the Services or upon receipt of the invoice.
6.2 Payment methods
The Company may accept payment by bank transfer, card, or other commonly used methods, as specified by the Company from time to time. Cash payments, where accepted, must be made directly to an authorised representative of the Company and a receipt will be provided on request.
6.3 Deposits and staged payments
For larger projects or where materials need to be specially purchased, the Company may require a deposit or staged payments. The amount and timing of such payments will be specified in the quotation or booking confirmation. The Company is under no obligation to commence or continue Services until any required deposit or stage payment has been received.
6.4 Late payment
In the event of late payment, the Company reserves the right to charge interest on the outstanding amount, as well as reasonable administrative costs incurred in pursuing payment. The Company may suspend further Services until all overdue sums are paid in full.
7. Cancellations, Rescheduling, and Access Issues
7.1 Client cancellations
If the Client wishes to cancel or reschedule a Booking, the Client must notify the Company as early as reasonably possible. The Company may apply a cancellation charge where a Booking is cancelled or significantly changed on short notice. Any applicable cancellation policy, including notice periods and charges, will be communicated to the Client at the time of Booking.
7.2 Company cancellations
The Company may cancel or postpone a Booking due to adverse weather conditions, safety concerns, staff availability, equipment failure, or other circumstances beyond the Company’s reasonable control. The Company will endeavour to provide as much notice as practicable and will offer an alternative date where possible. The Company is not liable for any indirect losses arising from such cancellations or rescheduling.
7.3 Failure to gain access
If the Company is unable to access the Site at the agreed time due to circumstances within the Client’s control, including but not limited to locked gates, absent keyholders, or incorrect address information, the Company may charge a call-out or cancellation fee to cover its reasonable costs.
8. Gardening Standards, Materials, and Plants
The Company will perform the Services with reasonable skill and care, in line with commonly accepted gardening standards for similar services in the region.
Where the Company supplies materials, plants, turf, or other goods, these will be of a quality appropriate for the intended use. However, the performance and longevity of living materials such as plants and turf depend on numerous factors beyond the Company’s control, including weather, soil conditions, pests, diseases, and aftercare by the Client.
Unless expressly agreed in writing, the Company does not guarantee the survival or long-term performance of plants or turf once the initial installation and any agreed maintenance period have been completed.
The Client is responsible for ongoing care after completion of the Services, including watering, feeding, and protection from frost or extreme conditions, in accordance with any reasonable instructions provided by the Company.
9. Waste Handling and Environmental Regulations
9.1 Green waste
During the course of the Services, the Company may generate green waste such as grass cuttings, leaves, prunings, and other plant material. The default approach to handling such waste will be agreed with the Client in advance and may include use of the Client’s own garden waste bins, composting facilities on-site, or removal by the Company for an additional charge.
Where the Company removes green waste from the Site, it will do so in accordance with applicable UK waste management regulations. Any costs associated with disposal or transport of waste will be included in the quotation or separately itemised as appropriate.
9.2 Non-green waste
The Company is not responsible for disposing of general household or construction waste unless explicitly agreed as part of the Services. Where such removal is requested and accepted, additional charges will apply and all such waste will be handled in line with relevant regulations.
9.3 Compliance with regulations
The Client agrees not to request Services that would require the Company to breach any local or national environmental or waste disposal regulations, including the burning of prohibited materials or unlawful dumping of waste. The Company reserves the right to refuse any such request.
10. Health and Safety
The Company will conduct its work in line with applicable health and safety requirements and will take reasonable care to protect people, property, and the environment while performing the Services.
The Client must keep children, pets, and other household members or visitors away from the immediate working area while the Services are being carried out, particularly when machinery, sharp tools, or chemicals are in use.
The Company may use powered equipment, ladders, and horticultural products such as fertilisers and weed treatments. The Client must inform the Company of any concerns relating to allergies, sensitivities, or other health matters that may be affected by such use at or near the Site.
11. Liability and Limitations
11.1 General liability
The Company will be liable for loss or damage directly caused by its negligence or breach of these Terms and Conditions, subject to the limitations set out in this section. The Company is not liable for loss or damage that could not reasonably have been foreseen at the time of entering into the agreement.
11.2 Exclusions
The Company does not accept liability for the following:
Any deterioration of plants, lawns, or gardens due to weather, pests, disease, inadequate aftercare, or factors outside the Company’s reasonable control.
Damage arising from defects, weaknesses, or pre-existing conditions at the Site that were not reasonably apparent or disclosed at the time of the Booking.
Indirect or consequential losses, including loss of enjoyment, loss of profits, or loss of opportunity.
11.3 Client obligations
The Company’s liability may be reduced or excluded where the Client fails to follow reasonable aftercare instructions, misuses the garden area shortly after treatment or installation, or otherwise contributes to the loss or damage.
Nothing in these Terms and Conditions excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under applicable law.
12. Property, Tools, and Damage
The Company will take reasonable care when moving or working near the Client’s property, fixtures, and fittings. The Client is requested to remove fragile or valuable items from the immediate working area where possible.
The Company will bring its own tools and equipment unless otherwise agreed. All tools and equipment remain the property of the Company and must not be used by the Client unless specifically authorised by the Company.
Any damage caused directly by the Company’s negligence will be assessed and, where appropriate, repaired or compensated by the Company within reasonable limits, subject to the other provisions of these Terms and Conditions.
13. Complaints and Dispute Resolution
If the Client has any concerns or complaints about the Services, these should be raised with the Company as soon as practicable, and ideally within a reasonable period after completion of the relevant work.
The Company will review the complaint, may request further information, and may revisit the Site if necessary to assess the situation. Where a complaint is justified, the Company may, at its discretion, offer to rectify the issue, provide a partial refund, or take other reasonable corrective measures.
Both parties agree to attempt to resolve disputes amicably before considering formal legal action.
14. Privacy and Data Protection
The Company will process any personal data provided by the Client in connection with the Services in accordance with applicable UK data protection laws. Personal information will be used for the purposes of managing bookings, delivering Services, administering accounts, and complying with legal obligations.
The Company will take reasonable steps to safeguard the Client’s personal information and will not sell or disclose such information to third parties except where necessary to perform the Services, process payments, or meet legal and regulatory requirements.
15. Changes to These Terms
The Company may update or amend these Terms and Conditions from time to time. Any revised terms will apply to new Bookings made after the date of publication. For ongoing or long-term arrangements, the Company will notify the Client of any significant changes that may affect the provision of Services.
Continued use of the Services following notification of revised terms will constitute acceptance of those changes.
16. Governing Law and Jurisdiction
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.
The parties agree that the courts of England and Wales shall have exclusive jurisdiction to resolve any disputes or claims arising out of or relating to these Terms and Conditions or the Services provided by the Company.
By placing a Booking with Gardeners Holland Park or by allowing work to commence, the Client confirms that they have read, understood, and agree to be bound by these Terms and Conditions.
