Gardeners Hampton Service Terms and Conditions

These Terms and Conditions govern the provision of gardening and related services by Gardeners Hampton to residential and commercial clients. By booking or accepting any service from Gardeners Hampton, you agree to be bound by these Terms and Conditions. Please read them carefully before making a booking.

1. Definitions

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

Client means the person, company, or organisation that books or receives services from Gardeners Hampton.

Company means Gardeners Hampton.

Services means gardening, lawn care, hedge trimming, planting, garden tidy ups, garden clearance, maintenance, and any other works agreed between the Company and the Client.

Booking means a confirmed appointment or series of appointments for the Company to carry out Services at a property designated by the Client.

Property means the garden, land, and any relevant outdoor or associated areas where the Services are to be performed.

2. Scope of Services

The Company provides gardening and outdoor maintenance services within its service area, including routine garden care and one off visits. The precise scope of work for each Booking will be agreed with the Client in advance, either verbally or in writing, including where possible an outline of the tasks to be carried out and any specific requirements or access arrangements.

The Company reserves the right to decline work that is unsafe, unlawful, beyond the Companys expertise, or otherwise unsuitable in the Companys reasonable opinion. This may include, but is not limited to, work at excessive height, work requiring specialist machinery not available to the Company, or work that cannot safely be undertaken due to site conditions.

3. Booking Process

3.1 Enquiries

Clients may make enquiries regarding Services and availability. Any initial discussion, verbal estimate, or indication of costs provided during an enquiry is for guidance only and does not constitute a binding offer.

3.2 Confirming a Booking

A Booking is confirmed when the Client accepts the proposed date, time, and scope of Services and the Company acknowledges that acceptance. The Company may confirm the Booking verbally or in writing. The Company may request additional details about the Property and access in order to confirm the Booking.

3.3 Changes to Bookings

Any change to the date, time, or scope of Services must be agreed with the Company in advance. The Company will use reasonable efforts to accommodate changes, but cannot guarantee availability. Changes may affect the price, duration, or feasibility of the Services.

3.4 Access to the Property

The Client is responsible for ensuring adequate access to the Property on the agreed date and time. This includes providing keys, gate codes, or access instructions where necessary, and ensuring that pets or other obstacles do not prevent or hinder the Services. If the Company is unable to gain access, this may be treated as a late cancellation under section 6.

4. Estimates and Pricing

4.1 Estimates

The Company may provide an estimate based on the information supplied by the Client and, where appropriate, on a site visit. All estimates are given in good faith but are not fixed quotations unless expressly stated as such.

4.2 Hourly Rates and Fixed Fees

Services may be charged on an hourly basis or at a fixed fee, as agreed with the Client. The applicable rates or fees will be communicated to the Client before the Booking is confirmed. Additional time or work not originally agreed may incur extra charges.

4.3 Variations and Extra Work

If, during the performance of the Services, it becomes apparent that additional work is required or that the original scope needs to be varied, the Company will inform the Client as soon as reasonably possible. Where possible, the Company will provide a revised estimate or an indication of the additional cost. The Client must approve such variations before the Company proceeds, except where minor adjustments are necessary to deliver the agreed Services safely and effectively.

5. Payments

5.1 Payment Terms

Unless otherwise agreed in writing, payment is due on completion of the Services for each visit or project. For ongoing maintenance, the Company may invoice periodically in arrears or in advance, as agreed with the Client.

5.2 Accepted Payment Methods

The Company will inform the Client of accepted payment methods, which may include electronic bank transfer, card payment, or other appropriate methods. Payment details will be provided directly to the Client.

5.3 Late Payment

If payment is not received by the due date, the Company reserves the right to charge interest on the overdue amount at a reasonable rate, and to suspend or cancel further Services until payment is received in full. The Client will be responsible for any reasonable costs incurred by the Company in recovering overdue sums.

5.4 Deposits and Part Payments

For larger projects or where significant materials or waste removal are required, the Company may request a deposit or part payment before commencing work. Any such deposit will be deducted from the final invoice. If the Client cancels the Booking, the deposit may be retained in accordance with the cancellation provisions set out in section 6.

6. Cancellations and Rescheduling

6.1 Client Cancellations

If the Client wishes to cancel or reschedule a Booking, the Client must notify the Company as soon as possible. Where at least 48 hours notice is provided, the Company will not normally charge a cancellation fee. For cancellations or rescheduling with less than 48 hours notice, the Company may charge a reasonable fee to cover lost time and any costs incurred.

6.2 Company Cancellations

The Company reserves the right to cancel or reschedule a Booking where necessary due to circumstances beyond its reasonable control, including but not limited to severe weather, staff illness, or safety concerns. The Company will endeavour to provide as much notice as possible and to agree an alternative date and time with the Client. The Company will not be liable for any loss arising from such cancellations, provided that any amounts paid in advance for Services not carried out are refunded or credited.

6.3 Non Attendance and Access Issues

If the Company attends the Property at the agreed time but is unable to gain access or commence work due to circumstances within the Clients control, this may be treated as a late cancellation and a call out or cancellation fee may be charged.

7. Client Responsibilities

The Client is responsible for ensuring that the Property is in a suitable condition for the Services to be carried out and for notifying the Company of any hazards, obstructions, or special features that may affect the work. This may include uneven ground, fragile structures, underground services, ponds or water features, and any areas that must not be disturbed.

The Client must ensure that children and pets are kept at a safe distance from the areas where the Services are being performed. The Client must not instruct the Companys personnel to undertake any tasks that fall outside the agreed scope of work or that could reasonably be considered unsafe or inappropriate.

8. Materials, Equipment, and Waste

8.1 Materials and Plants

Where the Company supplies materials, plants, or other items as part of the Services, these will be charged in addition to labour, unless otherwise agreed. Title in any materials or plants may remain with the Company until payment is received in full. The Company cannot guarantee the long term survival of plants once installed, as this depends on factors beyond the Companys control, including soil conditions, weather, pests, and aftercare by the Client.

8.2 Equipment

The Company will normally provide its own tools and equipment required to carry out the Services. If access to electrical power or water is required, the Client agrees to allow reasonable use of such facilities at the Property, unless alternative arrangements have been agreed.

8.3 Waste Regulations and Disposal

The Company will comply with applicable waste and environmental regulations in relation to garden waste generated by its Services. The options for garden waste will be agreed with the Client before work commences. These may include leaving green waste on site in a designated area for the Clients use, placing waste in the Clients garden waste bins where permitted, or arranging for lawful removal and disposal of waste.

Where the Company arranges removal and disposal of garden waste, an additional charge may apply to cover transport, handling, and disposal costs in line with regulatory requirements. The Company will not dispose of hazardous or prohibited materials and may decline to handle waste that does not arise directly from the Services it performs.

9. Health, Safety, and Weather

The Company is committed to operating in a safe and responsible manner. All work will be carried out with reasonable care, taking into account weather conditions and site specific risks. In the event of adverse weather, including heavy rain, high winds, ice, or extreme heat, the Company may modify, postpone, or cancel certain tasks where it would be unsafe or impractical to proceed.

The Client must not ask the Company to carry out activities that would breach health and safety guidelines or that the Company reasonably considers unsafe.

10. Liability and Insurance

10.1 Duty of Care

The Company will exercise reasonable skill and care in providing the Services. If the Client believes that the Services have not been carried out with reasonable care and skill, the Client must notify the Company as soon as practicable, giving details of the issue so that it can be investigated.

10.2 Limitation of Liability

To the fullest extent permitted by law, the Companys total liability to the Client in respect of any loss or damage arising from the provision of the Services shall be limited to the total amount paid by the Client for the specific Booking to which the claim relates. The Company will not be liable for any indirect, consequential, or purely economic loss, including loss of profit, loss of enjoyment, or loss of opportunity.

The Company will not be liable for damage to plants, lawns, or garden features where such damage arises from pre existing conditions, pests, disease, poor soil, or the Clients failure to follow aftercare instructions. The Company will also not be liable for damage arising from hidden obstructions or underground services that were not reasonably apparent or disclosed.

10.3 Insurance

The Company aims to maintain appropriate insurance cover for its activities. Evidence of insurance can be provided upon reasonable request by the Client.

11. Complaints and Dispute Resolution

If the Client is dissatisfied with any aspect of the Services, the Client should raise the matter with the Company as soon as possible, preferably within a reasonable time after completion of the relevant work. The Company will seek to address any concerns promptly, which may include rectifying the work where appropriate.

If a dispute cannot be resolved informally, the Client and the Company may consider mediation or other forms of alternative dispute resolution before taking formal legal action, where appropriate in the circumstances.

12. Data Protection and Privacy

The Company may collect and store personal information about Clients for the purpose of managing Bookings, providing Services, and handling payments and enquiries. This may include names, addresses, and relevant contact details. The Company will take reasonable steps to keep such information secure and will not sell or disclose personal information to unrelated third parties except where required by law or necessary to deliver the Services.

13. Amendments to Terms and Conditions

The Company may update or amend these Terms and Conditions from time to time. The version in force at the time of a Booking will apply to that Booking. Material changes to the Terms and Conditions may be communicated to regular Clients or made available upon request.

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, 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 such dispute or claim, subject to any mandatory consumer protection rights that may apply.

By proceeding with a Booking or allowing the Company to commence work at the Property, the Client confirms that they have read, understood, and agreed to these Terms and Conditions.