Gardeners Holborn Service Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Holborn provides gardening and related services to residential and commercial clients. By making a booking, accepting a quotation, or allowing our gardeners to start work at your property, you agree to be bound by these Terms and Conditions. If you do not agree to these terms, you should not proceed with any booking.
1. Definitions
In these Terms and Conditions, the following expressions have the meanings set out below.
Client means the individual, company or organisation requesting gardening services from Gardeners Holborn.
Company means Gardeners Holborn and any authorised employees, contractors or sub-contractors engaged to perform the services.
Services means any gardening, garden maintenance, lawn care, planting, pruning, hedge cutting, garden clearance, green waste removal or related work undertaken by the Company.
Site means the garden, outdoor area or property where the Services are to be carried out.
Agreement means the contract between the Client and the Company comprised of these Terms and Conditions together with any written quotation or booking confirmation issued by the Company.
2. Scope of Services
The Company provides gardening and garden maintenance services within its operating area, which is generally focused on Holborn and surrounding districts. Availability of specific services may vary depending on the type of property, access to the Site and the tools and equipment required.
The Services to be provided will be as set out in the quotation or as agreed during the booking process. The Company may offer both one-off visits and regular maintenance visits. It is the responsibility of the Client to ensure that the description of the Services in the quotation or booking confirmation accurately reflects their requirements.
Any additional work requested by the Client that is not included in the original Agreement may be subject to a separate quotation and additional charges.
3. Booking Process
Bookings may be made by contacting the Company through its usual communication channels. At the time of booking, the Client should provide accurate information about the Site, including size of garden, access arrangements, type of work required and any relevant hazards or restrictions.
The Company may provide an estimated price based on the information supplied by the Client. In some cases, a Site visit may be required in order to provide a more accurate quotation. Any quotation issued will normally be valid for a limited period of time as stated in the quotation.
A booking is not confirmed until the Client has accepted the quotation where applicable and the Company has issued a booking confirmation. For certain Services, the Company may require an advance payment or deposit before confirming the booking.
The Client is responsible for checking the details in the booking confirmation and notifying the Company promptly of any errors or changes required.
4. Access and Client Obligations
The Client must ensure that the Company and its gardeners have safe and reasonable access to the Site on the agreed date and time. This includes providing any necessary keys, access codes or instructions, and ensuring that any parking restrictions are communicated in advance.
The Client must ensure that the Site is reasonably clear of obstructions, pet waste, personal items and other hazards that could prevent or delay the Services. If the Site is not ready for work on arrival, the Company may charge for wasted time, additional labour or reschedule the appointment, and any call-out fees may still be payable.
Where pets or children are present, the Client must ensure they are kept safely away from the working area during the visit. The Company will not accept liability for any incidents arising from failure to control pets, children or other visitors during the provision of Services.
The Client must inform the Company in advance of any specific Site conditions, such as underground cables, irrigation systems, protected trees, or any features that could be damaged during normal gardening activities.
5. Materials, Plants and Equipment
Unless otherwise agreed, the Company will supply its own tools and equipment required to carry out the Services. Any use of the Client’s tools or equipment is entirely at the Client’s risk, and the Company will not be liable for any damage to such items.
Where materials such as soil, compost, turf, plants, mulch, aggregates or other products are required, the Company may supply these or arrange delivery. The cost of such materials will be agreed with the Client in advance, either as part of a fixed quotation or as a separate charge.
The Company cannot guarantee the lifespan or performance of plants, turf or living materials once installed, due to factors outside its control such as weather conditions, pests, diseases, soil quality and the Client’s maintenance practices. The Client is responsible for watering and ongoing care unless a separate maintenance arrangement is agreed.
6. Pricing and Payment Terms
Prices for Services may be based on an hourly rate, a fixed price quotation, or a combination of both. All rates will be communicated to the Client before work begins, either verbally or in writing.
Unless otherwise stated, prices are exclusive of any applicable taxes or statutory charges. Any additional fees, such as congestion, parking or disposal charges, will be indicated where reasonably foreseeable.
Payment is due in accordance with the terms specified in the quotation or invoice. This may include payment on completion, partial payment in advance, or payment within a stated period of the invoice date. The Company reserves the right to withhold further Services or to suspend ongoing work if invoices remain unpaid.
If payment is not received by the due date, the Company may charge interest on the overdue amount at a reasonable rate and recover any reasonable costs incurred in pursuing the debt.
7. Cancellations and Rescheduling
The Client may cancel or reschedule a booking by giving the Company as much notice as possible. The specific notice period required and any applicable charges will be as set out below or as otherwise stated in the quotation or booking confirmation.
For one-off jobs, the Company generally requires at least 24 hours notice of cancellation or rescheduling. If less than 24 hours notice is given, the Company may charge a cancellation fee, which may be up to a reasonable proportion of the estimated cost of the booked Services.
For regular maintenance visits, the Client should provide reasonable notice if they wish to cancel a particular visit. Repeated cancellations or rescheduling by the Client may lead the Company to terminate or revise the maintenance arrangement.
The Company reserves the right to cancel or rearrange a booking in cases of severe weather, staff illness, equipment failure or circumstances beyond its control. In such cases, the Company will seek to offer an alternative date and time. The Company will not be liable for any losses arising from such cancellations, provided it has taken reasonable steps to notify the Client.
8. Service Quality and Complaints
The Company aims to provide a professional and reliable gardening service. If the Client is not satisfied with the standard of work, they should inform the Company as soon as reasonably possible, preferably within 48 hours of completion of the visit.
The Company will review any complaint and, where appropriate, may arrange a visit to inspect the work. If the complaint is justified, the Company will seek to rectify the issue by re-performing the relevant part of the Services or by another suitable solution. Any remedy will be at the Company’s discretion and subject to the specific circumstances.
The Client should not withhold all payment solely on the basis of a dispute over part of the work, provided that the undisputed portion of the Services has been completed satisfactorily.
9. Liability and Insurance
The Company will exercise reasonable care and skill in carrying out the Services and will take reasonable steps to avoid damage to the Client’s property. However, gardening work can involve the use of tools, machinery and chemicals, and may carry some inherent risks.
The Company holds insurance appropriate for its operations, but its liability to the Client is limited as follows. The Company will not be liable for any loss or damage that is not reasonably foreseeable, or any indirect or consequential losses, including loss of enjoyment, loss of profit, loss of business or loss of opportunity.
To the extent permitted by law, the Company’s total liability for any claim arising out of or in connection with the Services shall not exceed the total fees paid by the Client for the specific visit or job during which the incident occurred.
Nothing in these Terms and Conditions limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot legally be excluded or limited.
10. Client Property and Existing Garden Conditions
The Company is not responsible for any pre-existing damage or defects at the Site, including poor soil conditions, drainage issues, structural problems, diseased plants or infestation by pests. Where such issues are discovered during the work, the Company may recommend specific remedial actions, which may incur additional costs.
The Client is responsible for ensuring that any garden structures, walls, fences, sheds, greenhouses, furniture and ornaments are in a safe condition prior to the start of the Services. The Company will not be liable for reasonable accidental damage to fragile or unstable items that could not have been identified through ordinary inspection.
11. Waste Removal and Environmental Regulations
Gardening work may generate green waste such as grass cuttings, branches, leaves and soil, as well as non-organic waste where garden clearance is requested. The handling of such waste will be carried out in accordance with applicable waste and environmental regulations.
Unless specifically included in the quotation or booking confirmation, the Company is not obliged to remove waste from the Site. Where waste removal is included, the Client will be informed whether this covers only green waste or also general non-hazardous waste.
The Company will dispose of any waste it removes from the Site using lawful and appropriate methods. The Client should not request the Company to dispose of waste in a manner that would breach environmental or waste regulations. Hazardous or controlled waste, including certain chemicals, oils or contaminated materials, may not be collected or disposed of by the Company.
If the Client wishes to retain green waste on Site for composting or other use, they should inform the Company at or before the time of booking. The Company may be able to cut or bag waste for the Client’s own disposal, subject to agreed charges.
12. Health, Safety and Weather Conditions
The Company will take reasonable steps to ensure the health and safety of its gardeners and others at the Site while providing the Services. This may include conducting informal risk assessments and using appropriate safety equipment.
In cases of severe weather, such as storms, heavy rain, high winds, snow or extreme temperatures, the Company may decide that it is unsafe or impractical to perform some or all of the Services. In such circumstances, the Company may suspend or reschedule the visit. The Client will not be charged for any Services that are not carried out due to such conditions, but may be charged for any work already completed or reasonable costs incurred.
13. Termination of Services
Either party may terminate an ongoing maintenance arrangement by giving reasonable written notice, subject to any minimum term agreed at the time of booking. For one-off jobs, the Agreement will usually terminate automatically upon completion of the Services and payment of all sums due.
The Company may terminate the Agreement with immediate effect if the Client fails to pay any amount due, obstructs the gardeners in the performance of the Services, behaves in an abusive or threatening manner, or is otherwise in serious breach of these Terms and Conditions.
14. Privacy and Data Protection
The Company may collect and store basic personal information about the Client, such as name, address, Site details and contact information, for the purpose of managing bookings, delivering Services and handling invoices. The Company will take reasonable steps to keep such information secure and to use it only for legitimate business purposes.
The Client’s personal information will not be sold to third parties. However, it may be shared with trusted contractors or suppliers where this is necessary to provide the Services, and with authorities where required by law.
15. Variation of Terms
The Company may update or amend these Terms and Conditions from time to time. The version that applies to a particular booking will normally be the version in force at the time of the booking confirmation. Any significant changes will be communicated where reasonably practical.
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 provided by the Company, 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 settle any dispute or claim arising out of or in connection with these Terms and Conditions or the Services.
17. General Provisions
If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court or other competent authority, that provision shall be deemed omitted, and the remaining provisions shall continue in full force and effect.
Any failure or delay by the Company in enforcing any right or remedy under these Terms and Conditions shall not be construed as a waiver of that or any other right or remedy.
The Agreement is between the Company and the Client. No other person shall have any rights to enforce any of its terms.
These Terms and Conditions constitute the entire agreement between the parties in relation to the Services and supersede any prior understandings, agreements or representations, whether oral or written, relating to the same subject matter.