Terms And Conditions
Gardeners Hillingdon Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Hillingdon provides gardening and related services to residential and commercial customers. By making a booking, accepting a quotation, or allowing our gardeners access to your property, you agree to be bound by these Terms and Conditions. Please read them carefully before placing any order for services.
1. Definitions
In these Terms and Conditions:
Company means Gardeners Hillingdon, the gardening service provider.
Customer means the person, business, or organisation requesting the services.
Services means any gardening, grounds maintenance, landscaping, clearance, or related work carried out by the Company.
Site means the garden, land, or premises where the Services are to be undertaken.
Agreement means the contract between the Company and the Customer comprising these Terms and Conditions together with any quotation, booking confirmation, or written variation agreed by both parties.
2. Scope of Services
The Company offers a range of gardening and grounds maintenance services, which may include lawn mowing, hedge trimming, pruning, planting, weeding, garden clearance, regular maintenance, and light landscaping. The precise scope of work for each booking will be agreed in advance, based on the Customer's instructions and any quotation issued.
The Customer is responsible for ensuring that the requested Services are appropriate for the Site and any existing plants, structures, and utilities. Any additional work requested on the day of service that was not included in the original booking may be carried out at the Company's discretion and may incur additional charges.
3. Booking Process
3.1 Requesting a booking
The Customer may request a booking by contacting the Company and providing details of the Site, the desired Services, preferred dates and times, and any access or parking information. The Company may request photographs or further details to assess the work required.
3.2 Quotations and confirmation
Where appropriate, the Company may provide an estimated quotation based on the information provided by the Customer. Quotations are indicative and may be adjusted if, upon arrival, the actual condition or size of the Site differs significantly from what was described. A booking is considered provisional until the Company confirms the date, time, and indicative cost.
3.3 Regular and one-off visits
The Company offers both one-off gardening visits and regular maintenance schedules. For regular maintenance, visits may be arranged weekly, fortnightly, monthly, or at another agreed interval. The schedule may be adjusted by the Company due to weather conditions, public holidays, operational constraints, or seasonal variations. The Company will make reasonable efforts to notify the Customer of any changes to scheduled visits.
4. Access and Site Requirements
The Customer must ensure the Company and its gardeners have safe and unobstructed access to the Site at the agreed time of the visit. This includes providing access to gates, side entrances, communal areas, and any parking facilities agreed in advance.
The Customer must ensure that pets are safely secured away from the working area and that children and other persons remain clear of machinery and tools during the visit.
The Customer is responsible for informing the Company of any known hazards at the Site, including uneven ground, fragile surfaces, underground cables or pipes, ponds, or any other potential risks. The Company reserves the right to refuse or suspend work if the Site is unsafe or unsuitable for the Services.
5. Equipment, Materials, and Health and Safety
The Company will provide its own tools, machinery, and standard materials required to perform the Services, unless otherwise agreed. If the Customer requests the use of their own equipment or materials, this is at the Customer's risk, and the Company accepts no liability for any damage to such equipment or defects in materials not supplied by the Company.
The Company operates in accordance with applicable health and safety regulations. The Customer agrees not to interfere with or misuse any tools, equipment, or safety measures used by the Company and to follow any reasonable instructions given by the gardeners on Site for safety reasons.
6. Pricing and Payments
6.1 Pricing
Services may be charged either on an hourly basis or on a fixed-cost basis, depending on the nature and scope of the work. The applicable rate or price will be communicated to the Customer prior to booking confirmation.
Where the work is charged by the hour, the minimum charge and billing increments will be stated to the Customer in advance. If the work takes longer than estimated due to factors outside the Company’s control, additional time will be billed at the agreed rate.
Where a fixed price is agreed, it is based on the details provided by the Customer and any Site inspection carried out by the Company. If the scope of work changes or the Site conditions differ significantly, the Company may propose a revised price which must be accepted by the Customer before further work is carried out.
6.2 Payment terms
Payment is due in accordance with the method and timing specified at the time of booking or on the invoice. The Company may, at its discretion, require full or partial payment in advance, especially for larger projects, garden clearances, or landscaping works.
For regular maintenance services, payment may be required on the day of each visit or periodically in arrears, depending on the arrangement made with the Customer.
6.3 Late payment
If the Customer fails to pay any sum due on the agreed date, the Company reserves the right to charge interest on the overdue amount and to recover any reasonable costs incurred in pursuing payment. The Company may also suspend future visits or Services until all outstanding sums are settled.
7. Cancellations and Rescheduling
7.1 Customer cancellations
The Customer may cancel or reschedule a booked visit by giving reasonable notice to the Company. The minimum notice period will be communicated at the time of booking. If insufficient notice is given, the Company reserves the right to charge a cancellation fee which may be up to the value of the booked visit.
If the Customer is not present at the Site at the time of the visit but access has been arranged in advance, the Company will proceed with the Services where possible. If access cannot be obtained or has not been arranged, the visit may be treated as a late cancellation and charged accordingly.
7.2 Company cancellations
The Company may cancel or reschedule a visit due to adverse weather conditions, staff illness, operational issues, or other circumstances beyond its reasonable control. Where this occurs, the Company will use reasonable efforts to notify the Customer as soon as practicable and to offer an alternative date. The Company will not be liable for any loss or inconvenience arising from such cancellations or rescheduling.
8. Customer Obligations
The Customer agrees to cooperate with the Company and to provide accurate information about the Site and the required Services. The Customer is responsible for the following:
Ensuring access to the Site at the agreed time.
Keeping the Site reasonably clear of obstacles, hazards, and waste not covered by the scope of Services.
Informing the Company of any specific plant sensitivities, protected flora, or features that must not be disturbed.
Obtaining any necessary permissions, consents, or approvals from neighbours, landlords, managing agents, or relevant authorities in relation to the Services.
9. Waste Removal and Environmental Regulations
9.1 Green waste handling
Standard gardening visits may include the collection and tidy arrangement of green waste such as grass cuttings, leaves, and small prunings, which may be placed in the Customer's compost bin, garden waste bin, or a designated area on Site, as agreed. This will be clarified when arranging the Services.
If the Customer requires the Company to remove green waste from the Site, this may incur an additional charge to cover disposal costs and compliance with applicable waste regulations. The Customer will be advised of such charges in advance where possible.
9.2 Non-green waste and restricted materials
The Company is not responsible for the removal or disposal of non-green waste such as rubble, soil in large quantities, building materials, household rubbish, or hazardous substances unless expressly agreed in writing as part of the Services. Special arrangements and charges will apply for such waste, and in some cases the Company may decline to handle it.
The Company complies with relevant environmental and waste disposal regulations when transporting and disposing of garden waste. The Customer must not request or require the Company to dispose of waste in an unlawful manner.
10. Liability and Limitations
10.1 Reasonable care and skill
The Company will provide the Services with reasonable care and skill, in accordance with industry practice for general gardening and grounds maintenance. However, gardening work is subject to natural conditions and many factors beyond the Company’s control, including weather, pests, diseases, and pre-existing soil conditions. The Company does not guarantee specific outcomes such as growth rates, plant survival, or long-term lawn condition.
10.2 Damage to property
The Company will take reasonable care to avoid damage to the Customer's property. The Customer must notify the Company in writing of any alleged damage as soon as reasonably practicable and, in any event, within a reasonable time of becoming aware of it. The Company shall have the right to inspect and, where appropriate, remedy any damage directly.
The Company is not liable for damage arising from defects or weaknesses in existing structures, paving, walls, fences, sheds, or other features that could not reasonably have been foreseen, or that result from normal gardening activities such as hedge cutting or lawn mowing.
10.3 Exclusions and limitation of liability
To the fullest extent permitted by law, the Company shall not be liable for any loss of profit, loss of use, loss of enjoyment, consequential loss, or any indirect loss suffered by the Customer arising out of or in connection with the Services or these Terms and Conditions.
Nothing in these Terms and Conditions excludes or limits the Company’s liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any other matter for which liability cannot lawfully be limited or excluded.
11. Complaints and Dispute Resolution
If the Customer is dissatisfied with any aspect of the Services, they should raise the issue with the Company as soon as possible, providing details of the concern and, where relevant, supporting information such as photographs. The Company will investigate and seek to resolve the matter promptly, which may involve revisiting the Site or proposing a practical solution.
If a dispute cannot be resolved through discussion and reasonable efforts, either party may pursue their rights through the courts in accordance with the governing law clause below.
12. Variations and Additional Work
Any variations to the agreed scope of Services, or any additional work requested by the Customer, must be agreed with the Company before the work is carried out. The Company may provide a revised quotation or hourly rate for such work. Oral instructions given to gardeners on Site that significantly alter the nature or scale of work may be treated as a request for additional Services and charged accordingly.
13. Force Majeure
The Company shall not be liable for any delay or failure to perform its obligations under the Agreement where such delay or failure results from circumstances beyond its reasonable control. This may include extreme weather conditions, flooding, storms, acts of God, accidents, illness, supply chain disruptions, or other events that prevent or significantly hinder the performance of the Services.
14. Data Protection and Privacy
The Company may collect and process personal information provided by the Customer for the purposes of managing bookings, providing Services, issuing invoices, and handling enquiries. The Company will take reasonable steps to keep such information secure and will not share it with third parties except where necessary to deliver the Services, comply with legal obligations, or with the Customer's consent.
15. Termination
Either party may terminate an ongoing regular maintenance arrangement by giving reasonable notice to the other party. The required notice period will usually be specified when the regular service is agreed. The Company reserves the right to terminate the Agreement immediately if the Customer fails to pay sums due, behaves in an abusive or threatening manner towards staff, or otherwise materially breaches these Terms and Conditions.
16. Governing Law and Jurisdiction
These Terms and Conditions and any Agreement between the Company and the Customer shall be governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any disputes arising out of or in connection with these Terms and Conditions or the Services provided by the Company.
17. General Provisions
If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. No failure or delay by the Company in exercising any right or remedy shall operate as a waiver of that or any other right or remedy.
The Customer may not assign or transfer any of their rights or obligations under these Terms and Conditions without the prior written consent of the Company. The Company may assign or subcontract any of its rights and obligations where this does not materially affect the standard of the Services.
These Terms and Conditions, together with any quotation or booking confirmation, constitute the entire agreement between the Company and the Customer in relation to the Services and supersede any prior discussions or understandings.