Terms And Conditions

Gardeners Holloway Terms and Conditions of Service

These Terms and Conditions set out the basis on which Gardeners Holloway provides gardening and related services to residential and commercial clients. By requesting, booking or accepting any service from Gardeners Holloway, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you should not proceed with a booking or allow work to commence.

1. Definitions

In these Terms and Conditions, the following expressions have the meanings set out below:

Client means the individual, business, organisation or other entity requesting or receiving services from Gardeners Holloway.

Company means Gardeners Holloway, the gardening service provider.

Services means all gardening, garden maintenance, clearance, planting, lawn care, hedge cutting, soft landscaping, green waste removal and any other services provided by the Company as agreed with the Client.

Service Area means the geographic areas in which the Company ordinarily accepts bookings for gardening services, as described in the Companys general service information.

Agreement means the contract between the Company and the Client comprising these Terms and Conditions and any written or verbal confirmation of booking, quotation, schedule of work or invoice issued by the Company.

2. Scope of Services

The Company provides gardening and related services within its Service Area. The specific scope of work for each booking will be as described in the quotation, work schedule or booking confirmation agreed with the Client. Any descriptions, photos or examples of services given in general marketing material are for illustration only and do not form part of the Agreement unless expressly stated.

The Company reserves the right to decline work that it reasonably considers unsafe, unsuitable for the skills or equipment available, outside its normal Service Area, or otherwise not feasible. Any such decision will be communicated to the Client as early as reasonably possible.

3. Booking Process

3.1 Initial enquiry

Clients may request services by contacting the Company and providing accurate information about the property, access, garden size, current condition and the work required. The Company may ask for additional information, photos or a site visit before confirming a quotation or booking.

3.2 Quotations

Where appropriate, the Company will provide a quotation or estimate for the Services, which may be based on hourly rates, a fixed price, or a combination. Quotations are generally valid for a limited period from the date of issue, as specified by the Company or otherwise for a reasonable period. All quotations are given in good faith, based on the information available at the time.

3.3 Acceptance and confirmation

A booking is considered accepted when the Client confirms in writing or verbally that they wish to proceed with the quotation or service proposal and the Company confirms availability. The Agreement is formed at the point of such confirmation. The Company may require a deposit or prepayment before confirming a booking.

3.4 Changes to bookings

Any changes requested by the Client, including changes to the date, time, duration, scope of work or service address, must be agreed by the Company. The Company will use reasonable efforts to accommodate changes but cannot guarantee availability. Changes may result in revised pricing or additional charges.

4. Access and Client Responsibilities

The Client must ensure safe and reasonable access to the garden and any areas where Services are to be provided. This includes arranging for gates to be unlocked, keys to be available, or suitable persons to be present to allow entry at the agreed time.

The Client must inform the Company of any known hazards, underground services, cables, pipes, fragile surfaces, or other risks that may affect the safe delivery of Services. The Company is not liable for damage caused where the Client has failed to disclose relevant information or where buried services are not reasonably identifiable.

The Client must also ensure that pets, children and others under their control are kept away from work areas while the Services are being performed. The Company may suspend work if safety cannot be assured, and any resulting delay or additional cost may be charged to the Client.

5. Pricing and Payments

5.1 Rates and charges

Services are charged in accordance with the rates, quotation or price list communicated to the Client at the time of booking. Prices may vary depending on garden size, complexity, frequency of visits, waste handling requirements, travel time and other relevant factors.

Unless expressly stated otherwise, prices are exclusive of any applicable taxes or statutory charges which will be added where required by law.

5.2 Deposits and prepayments

The Company may require a deposit or partial payment prior to the commencement of work, particularly for larger jobs, initial clearances, one-off projects or where materials and plants must be purchased in advance. Deposits are generally non-refundable, subject to the cancellation provisions set out in these Terms and Conditions.

5.3 Invoicing and payment terms

The Company will issue invoices for Services provided, either after each visit, at agreed milestones, or on a periodic basis for regular maintenance. Payment is due within the timeframe stated on the invoice, or if no timeframe is stated, within seven calendar days of the invoice date.

Payment methods will be communicated to the Client. The Client is responsible for any transaction charges applied by their payment provider.

5.4 Late or non-payment

If the Client fails to pay any amount due by the due date, the Company reserves the right to suspend further Services, charge reasonable administration fees, and, where permitted by law, apply interest on overdue sums. The Company may also recover reasonable costs incurred in pursuing payment, including the cost of third party collection agencies where used.

6. Cancellations and Rescheduling

6.1 Client cancellations

If the Client needs to cancel or reschedule a booked visit, they should provide as much notice as possible. The Company may specify a minimum notice period for cancellations. Where the Client cancels with less than the stated minimum notice, the Company reserves the right to charge a cancellation fee, up to a reasonable proportion of the anticipated charges for the cancelled visit.

Where special orders have been made for materials, plants or equipment specifically for the Clients job, the Company may charge for these items if they cannot be reused or returned without loss.

6.2 Company cancellations

The Company may occasionally need to cancel or reschedule a booking due to weather, staff illness, equipment failure, safety concerns, access issues, or other circumstances beyond its reasonable control. In such cases the Company will notify the Client as soon as practically possible and arrange a new date or time. The Company will not be liable for any loss or inconvenience caused by such cancellations, but no charge will be made for Services that have not been provided.

6.3 Weather and site conditions

Certain gardening tasks cannot be carried out safely or effectively in adverse weather or unsuitable ground conditions. The Company may, at its discretion, decide to postpone or alter work where conditions would compromise safety, quality, or cause damage to the garden. In these circumstances the Company will endeavour to reschedule the work at the earliest mutually convenient time.

7. Materials, Plants and Equipment

Where the Company supplies materials, plants or equipment as part of the Services, it will use reasonable care to select items appropriate for the intended purpose and growing conditions based on the information provided by the Client.

All plants are living organisms and their survival depends on appropriate aftercare, watering, feeding, protection from pests, and environmental conditions beyond the Companys control. Unless expressly agreed in writing, the Company does not guarantee the long-term survival or performance of plants once the initial work has been completed and accepted by the Client.

Any equipment brought onto the property remains the property of the Company. The Client must not use or permit others to use the Companys tools or machinery unless expressly authorised and supervised by a member of the Companys staff.

8. Waste Handling and Environmental Regulations

8.1 Garden waste

The Company will handle green waste arising from its work in accordance with relevant environmental and waste disposal regulations. Options for dealing with waste include leaving it in the Clients garden for composting or reuse, placing it in the Clients authorised green waste containers, or removing it from the site for disposal.

Any charges for removal and disposal of garden waste will be clearly indicated in the quotation or agreed with the Client in advance. Where the Client declines waste removal, responsibility for disposal rests with the Client.

8.2 Non-green waste

Where the work generates or uncovers non-green waste, such as old fencing, rubble, plastics, metals or other materials, the Company may, at its discretion, agree to arrange removal, subject to additional charges. Certain items may require specialist disposal, and the Company reserves the right to refuse to remove materials that cannot be safely or lawfully transported or disposed of.

8.3 Compliance with regulations

The Company will take reasonable steps to comply with applicable environmental, waste management and transport regulations when handling and disposing of waste. The Client agrees not to request or insist on any form of disposal that would breach such regulations or encourage illegal dumping.

9. Health, Safety and Conduct

The Company is committed to providing Services safely and professionally. Staff are expected to follow reasonable health and safety practices, including the use of appropriate tools and protective equipment, and to conduct themselves respectfully on the Clients property.

The Client agrees not to request work that would involve unreasonable risk to health or safety, such as use of unsuitable ladders, unstable structures, or work on hazardous materials beyond the Companys competence. The Company may refuse or cease any task if it considers that safety standards cannot be maintained.

10. Liability and Limitations

10.1 Duty of care

The Company will exercise reasonable care and skill in providing the Services. If the Client believes that any aspect of the work has been carried out negligently or not in accordance with the Agreement, they must notify the Company within a reasonable time so that any issues can be investigated and, where appropriate, remedied.

10.2 Exclusions of liability

To the fullest extent permitted by law, the Company is not liable for:

a. Any loss or damage arising from inaccurate or incomplete information provided by the Client.

b. Damage to underground or hidden services where their position has not been disclosed or is not reasonably apparent.

c. Natural changes in the garden, including plant disease, weather damage, seasonal effects, or issues that arise after completion of the Services and outside the Companys reasonable control.

d. Indirect or consequential loss, loss of profit, or loss of enjoyment arising from the use or inability to use the garden, except where such loss cannot be excluded by law.

10.3 Overall cap

Subject to any rights that the Client may have under consumer protection law that cannot be excluded or limited, the Companys total liability for any claim arising in connection with the Services shall be limited to the total amount paid or payable by the Client for the specific Service in respect of which the claim arises.

11. Complaints and Dispute Resolution

If the Client has any concern or complaint about the Services, they should raise it with the Company as soon as possible, providing clear details of the issue and any supporting information. The Company will seek to investigate complaints promptly and propose a reasonable solution, which may include rectification work, a price adjustment, or other appropriate remedy depending on the circumstances.

Where disputes cannot be resolved directly between the parties, either side may seek independent advice or pursue any legal remedies available to them. Nothing in these Terms and Conditions affects the Clients statutory rights.

12. Data Protection and Privacy

The Company will collect and use personal information provided by the Client only as necessary to manage bookings, provide Services, issue invoices, and maintain business records. The Company will take reasonable steps to protect personal data against unauthorised access, loss or misuse and will retain data only for as long as necessary for legitimate business and legal purposes.

By making a booking, the Client consents to the use of their information for these purposes. The Client may request access to their personal data held by the Company and request corrections where appropriate, in line with applicable data protection laws.

13. Changes to These Terms

The Company may update or amend these Terms and Conditions from time to time to reflect changes in legislation, industry practice or the Services offered. The version in force at the time of booking will generally apply to that booking. Where ongoing or long-term maintenance arrangements are in place, the Company will notify the Client of any material changes that may affect future visits.

14. 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 will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions or their subject matter, without affecting any rights the Client may have to bring a claim in another court where required by applicable consumer protection laws.

15. General Provisions

If any provision of these Terms and Conditions is found by a court or competent authority to be invalid or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.

No failure or delay by the Company in exercising any right or remedy under these Terms and Conditions shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.

The Agreement between the Client and the Company is personal to the Client and may not be assigned or transferred without the Companys written consent. The Company may assign or subcontract its rights and obligations where reasonably necessary for the efficient delivery of Services, provided that this does not materially reduce the level of service to the Client.

These Terms and Conditions constitute the entire agreement between the Client and the Company relating to the provision of gardening Services, and supersede any prior verbal or written discussions, representations or understandings, except where expressly incorporated into the Agreement.