Gardeners Bowes Park Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Bowes Park provides gardening and related outdoor maintenance services to residential and commercial clients in the United Kingdom. By placing a booking, confirming a quotation, or allowing work to commence, you agree to be bound by these Terms and Conditions.

If you do not agree with any part of these Terms and Conditions, you should not proceed with a booking or allow work to begin. These Terms and Conditions apply to all services unless otherwise agreed in writing.

1. Definitions

In these Terms and Conditions, the following definitions apply:

Client means the person, company or organisation requesting services from Gardeners Bowes Park.

Company means Gardeners Bowes Park, providing gardening and related services.

Services means any gardening, landscaping, garden clearance, maintenance or related work carried out by the Company for the Client.

Booking means a confirmed request for Services made by the Client and accepted by the Company.

Site means the garden, outdoor area or other premises where the Services are to be carried out.

2. Scope of Services

The Company provides a range of gardening and outdoor maintenance services, which may include lawn care, pruning, planting, weeding, hedge trimming, garden tidy-ups, garden clearance, light landscaping, green waste handling and similar works.

The specific Services to be provided will be detailed in a quotation, booking confirmation, written communication or agreed schedule of works. The Company reserves the right to decline any work which it deems unsafe, unsuitable or outside its normal scope of operations.

3. Booking Process

3.1 The Client may request a quotation or make an enquiry by contacting the Company and providing details of the required Services, the Site and preferred dates.

3.2 Any quotation provided by the Company is an invitation to treat and not a binding offer. A Booking is only confirmed when the Company expressly accepts the Client's request for Services, which may be done verbally or in writing.

3.3 The Company may request photographs, a site visit or additional information before confirming a Booking, to enable a more accurate assessment of the work required.

3.4 The Client is responsible for ensuring that all details provided to the Company during the booking process are accurate, including address, access details, timing requirements and any specific instructions.

3.5 For larger projects, the Company may issue a written quotation describing the proposed works, estimated timeframes and indicative costs. Acceptance of such a quotation by the Client will constitute agreement to these Terms and Conditions.

4. Access and Site Requirements

4.1 The Client must ensure that the Company has safe and reasonable access to the Site on the agreed dates and times. This includes access through any gates, doors, alleyways or communal areas required to reach the garden or outdoor space.

4.2 The Client is responsible for ensuring that pets, children and any other persons are kept away from the immediate work area while Services are being carried out, to allow the Company to work safely and efficiently.

4.3 The Client must inform the Company of any known hazards at or near the Site, including uneven ground, hidden cables or pipes, ponds, wildlife concerns, structural weaknesses, or any other relevant risks.

4.4 If the Company arrives at the Site and is unable to gain access, or if conditions on the Site are unsafe or materially different from those described at the time of booking, the Company may cancel or postpone the visit and may charge a call-out or cancellation fee in accordance with section 7.

5. Quotations, Prices and Payment

5.1 Prices may be based on an hourly or daily rate, a fixed fee for a specified job, or a combination of both. The basis of charging will be communicated to the Client in advance.

5.2 Any quotation is based on the information provided by the Client and on the conditions observed at the time of survey, if conducted. If the scope of work changes, or if unforeseen conditions arise, the Company may revise the quotation and seek the Client's approval before proceeding.

5.3 All prices are quoted in pounds sterling. Unless expressly stated otherwise, prices are exclusive of any third-party disposal fees, skip hire charges or specialist equipment hire that may be required.

5.4 The Company may request a deposit for certain Bookings, especially for larger projects or where materials must be purchased in advance. Any required deposit amount and payment schedule will be stated clearly before the Booking is confirmed.

5.5 Unless otherwise agreed in writing, payment for one-off or ad hoc Services is due immediately upon completion of the work on the day of the visit.

5.6 For ongoing maintenance contracts or larger projects, the Company may issue interim invoices or operate on a staged payment basis, as set out in the quotation or agreement.

5.7 The Client agrees to pay all invoices in full by the due date specified. The Company reserves the right to charge interest or late payment fees on overdue sums in accordance with applicable UK law.

5.8 The Company accepts payment methods as communicated to the Client. The Company does not accept payment in cash by post.

6. Changes to Bookings

6.1 If the Client wishes to change the date, time or scope of a Booking, the Client must contact the Company as soon as reasonably possible.

6.2 The Company will use reasonable efforts to accommodate changes, but cannot guarantee availability on alternative dates or acceptance of significant scope changes at short notice.

6.3 Where a change to the agreed scope of work results in additional time, labour or materials being required, the Company may provide an updated quotation or revised price for the Client's approval before proceeding.

7. Cancellations and Missed Appointments

7.1 The Client may cancel a Booking by giving reasonable notice to the Company. The Company requests a minimum of 48 hours notice for cancellations of standard maintenance visits, and may require longer notice for larger projects, as specified in the quotation or booking confirmation.

7.2 If the Client cancels with less than the requested notice period, the Company reserves the right to charge a cancellation fee, which may be a fixed amount or a proportion of the estimated cost of the visit.

7.3 If the Company arrives at the Site at the agreed time and is unable to gain access, or if the Client is not present where their presence is required, the Company may treat this as a late cancellation and may apply a call-out or cancellation fee.

7.4 The Company may cancel or reschedule a Booking at any time if it is unable to attend due to factors beyond its reasonable control, including severe weather, illness, transport disruption, equipment failure or other unforeseen events. In such cases, the Company will seek to arrange a new suitable date and will not be liable for any indirect loss suffered by the Client as a result of the rescheduling.

8. Performance of Services and Standards

8.1 The Company will perform the Services with reasonable care and skill and in accordance with generally accepted industry practices for gardening and outdoor maintenance work in the UK.

8.2 Weather conditions, seasons and the natural characteristics of plants and lawns can significantly influence the outcome of gardening work. The Company does not guarantee specific aesthetic results within a set timeframe, particularly where plant growth, recovery or long-term development is concerned.

8.3 The Client acknowledges that previously neglected gardens, invasive weeds, poor soil conditions or existing plant health issues may require repeated visits or specialist treatments. Any such requirements will be discussed with the Client where possible.

9. Waste Handling and Regulations

9.1 The Company aims to handle green waste responsibly and in accordance with applicable UK waste management regulations.

9.2 Unless explicitly included in the quotation, the removal of green waste, soil, hardcore, old garden structures, packaging or other materials from the Site is not automatically included in the standard price for Services.

9.3 The Company may offer to remove green waste or other materials as an additional service, which may incur separate charges for labour, transport and any relevant disposal fees.

9.4 Where waste removal is not included, the Company may bag up green waste for the Client to dispose of using their own garden waste collection service, composting arrangements or other lawful means.

9.5 The Company will not remove or transport hazardous waste, including but not limited to asbestos, chemical containers, paint, oils, contaminated soil, or any substances controlled under hazardous waste regulations.

9.6 The Client remains responsible for complying with local and national waste regulations in relation to any waste left on Site after the Company has completed its Services.

10. Materials and Plants

10.1 Where the Company supplies materials, plants, turf or other products, it will use reasonable efforts to source suitable items of appropriate quality.

10.2 Natural products such as plants and turf may vary in appearance, size and performance. The Company does not guarantee that all supplied plants will thrive, as this depends on ongoing care, weather and environmental conditions beyond its control.

10.3 Risk in any materials or plants supplied by the Company passes to the Client upon delivery to the Site. Ownership passes to the Client once full payment has been received.

11. Client Responsibilities

11.1 The Client must ensure that the Site is reasonably clear of obstacles, pet waste, personal items and other obstructions that may hinder the performance of the Services.

11.2 The Client should provide access to water and electricity where necessary for the performance of the Services, unless otherwise agreed.

11.3 The Client is responsible for ongoing care and maintenance of plants, lawns and garden features following completion of the Services, unless a continuing maintenance arrangement is agreed.

12. Liability and Insurance

12.1 The Company will take reasonable care to avoid damage to property while carrying out the Services. However, the Client should move or protect any fragile items or valuables in or near the work area.

12.2 The Company shall not be liable for any pre-existing damage or defects at the Site, including but not limited to broken fencing, failing structures, diseased plants, poor soil, damaged paving or underground utilities that were not reasonably apparent.

12.3 The Company shall not be liable for indirect or consequential losses, including loss of enjoyment, loss of use, loss of profit or loss of opportunity, arising from the performance or non-performance of the Services.

12.4 Nothing in these Terms and Conditions limits or excludes the Company's liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any other matter that cannot lawfully be limited or excluded under UK law.

12.5 The Company is responsible for maintaining appropriate public liability insurance and, where applicable, employer's liability insurance, in line with standard UK industry practice.

13. Complaints and Defects

13.1 If the Client is dissatisfied with any aspect of the Services, the Client should notify the Company as soon as possible, ideally within 48 hours of completion of the relevant work.

13.2 The Company will investigate any reasonable complaint and, where appropriate, may offer to return to the Site to rectify issues relating to workmanship within a reasonable timeframe.

13.3 The Company's obligation to rectify defects does not extend to issues caused by normal wear and tear, weather, pests, disease, lack of watering, incorrect maintenance by the Client, or any other factors beyond the Company's control.

14. Force Majeure

14.1 The Company shall not be in breach of these Terms and Conditions or liable for delay in performing, or failure to perform, any of its obligations where such delay or failure results from events, circumstances or causes beyond its reasonable control.

14.2 Such events may include, but are not limited to, extreme weather, storms, flooding, drought, acts of God, war, terrorism, civil commotion, strikes, epidemics, pandemics, transport disruption or failure of utilities.

15. Termination

15.1 Either party may terminate an ongoing maintenance arrangement by giving reasonable written notice to the other party, subject to any minimum term or notice period agreed at the outset.

15.2 The Company may terminate a contract or cancel further visits with immediate effect if the Client fails to pay sums due, behaves in an abusive or threatening manner, or otherwise seriously breaches these Terms and Conditions.

16. Privacy and Data

16.1 The Company will collect and use personal data provided by the Client only for the purposes of managing bookings, providing Services and administering the business relationship.

16.2 The Company will take reasonable steps to keep personal data secure and will not sell or rent personal data to third parties.

17. Governing Law and Jurisdiction

17.1 These Terms and Conditions, and any dispute or claim arising out of or in connection with them or their subject matter or formation, shall be governed by and construed in accordance with the laws of England and Wales.

17.2 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 their subject matter or formation.

18. General Provisions

18.1 If any provision of these Terms and Conditions is found by a court or other competent authority to be invalid or unenforceable, that provision shall be deemed deleted and the remaining provisions shall continue in full force and effect.

18.2 No failure or delay by the Company in exercising any right or remedy under these Terms and Conditions shall operate as a waiver of that or any other right or remedy.

18.3 These Terms and Conditions constitute the entire agreement between the Client and the Company in relation to the provision of the Services, and supersede any prior understandings or agreements, whether written or oral.

18.4 The Client may not assign or transfer any of its rights or obligations under these Terms and Conditions without the prior written consent of the Company.

By proceeding with a booking or allowing Gardeners Bowes Park to commence work, the Client confirms acceptance of these Terms and Conditions.