Terms and Conditions for Gardeners Upton Park

These Terms and Conditions set out the basis on which gardening services are provided by Gardeners Upton Park and explain how bookings, payments, cancellations, liability, waste handling, and legal responsibilities are managed. By requesting or confirming any service, the customer agrees to these terms. They are designed to create a clear and fair framework for both parties, whether the work involves routine maintenance, one-off garden clearance, planting, turf care, hedge work, or other agreed gardening tasks.

In these terms, references to “we,” “us,” and “our” mean the gardening service provider, while “you” and “your” mean the customer, occupier, or authorised representative placing the booking. These terms apply to domestic and small commercial garden services unless a separate written agreement states otherwise. Nothing in these terms affects your statutory rights under UK law.

Gardeners Upton Park aims to provide a professional service based on accurate instructions, safe working practices, and reasonable expectations about the condition of the garden and the work required. All services are subject to availability, seasonal conditions, access to the property, and the customer’s acceptance of the scope of work agreed before the visit.

1. Booking Process

The booking process begins when you request a service and provide the relevant details needed to assess the job. This may include the type of gardening work required, the size and condition of the outdoor space, access arrangements, preferred dates, and any special instructions. A quote may be given based on the information supplied, and that quote will usually remain valid for a limited period unless otherwise stated.

Bookings are only confirmed once we have acknowledged the request and, where applicable, received any required deposit or prepayment. A booking may be made by phone, email, online form, or another agreed method. Confirmation may include the date, expected duration, estimated labour, pricing basis, and any assumptions relied upon when quoting. If the details provided by the customer change before the appointment, we may need to revise the quotation or reschedule the service.

It is your responsibility to ensure that the information supplied at the time of booking is complete and accurate. This includes telling us about pets, restricted access, parking limitations, hazardous areas, underground services, fragile surfaces, or any items that could affect safe working. If our team arrives and the work cannot proceed due to incomplete information, unsuitable access, or site conditions that were not disclosed, a call-out charge or minimum visit charge may apply.

2. Service Scope and Customer Responsibilities

All tasks are carried out only within the scope agreed at booking or later confirmed in writing. If additional work is requested on the day, we may agree to carry it out if time, equipment, and safety allow, but this is not guaranteed. Extra work may affect the final price and may require an updated estimate before the task begins.

You must ensure that the garden and surrounding areas are reasonably safe and accessible for the work to be performed. This includes securing pets, moving personal items where needed, and allowing reasonable access to water, electricity, and waste storage if relevant to the service. We are not responsible for delays caused by locked gates, blocked access, absent keys, or the failure to obtain permission from third parties such as landlords, managing agents, or neighbours where permission is required.

We may refuse to perform any task that is unsafe, unlawful, or beyond the competence or equipment reasonably available to us. In such cases, we may suggest an alternative approach or advise that specialist contractors are required. If the customer insists on proceeding against our recommendation, we reserve the right to decline the work without liability for resulting inconvenience or loss.

3. Payments and Charges

Prices may be quoted as fixed fees, hourly rates, day rates, or based on the size and complexity of the job. Unless stated otherwise, quotations are based on normal working conditions and do not include unforeseen complications such as hidden waste, excessive overgrowth, dangerous access, or additional labour beyond the initial description. Any such matters may result in revised charges.

Payment terms will be confirmed during booking or on the invoice. Unless otherwise agreed in writing, payment is due on completion of the service or within the timeframe stated on the invoice. We may request a deposit for larger jobs, seasonal work, repeat maintenance plans, or services requiring materials to be purchased in advance. Deposits may be non-refundable where work preparation has already begun, subject to applicable law.

We accept payment by the methods agreed at the time of booking. If payment is not made on time, we may charge reasonable administrative costs and reserve the right to suspend future services until outstanding sums are cleared. Any disputed invoice item should be raised promptly and in good faith. Undisputed amounts must still be paid by the due date.

4. Cancellations, Rescheduling, and Missed Appointments

We understand that plans can change, but cancellations and rescheduling should be made as early as possible. If you need to cancel or postpone a booking, you must notify us within a reasonable period before the scheduled visit. Where a booking is cancelled at short notice, we may charge a fee to reflect lost time, travel, labour planning, or materials already purchased.

Cancellation charges may vary depending on the notice given, the nature of the service, and whether specialist equipment, staff, or waste disposal arrangements were arranged specifically for the job. If you are not present at the agreed time and access cannot be obtained, the appointment may be treated as a missed booking and charged accordingly. We are not liable for losses caused by your failure to provide access or correct instructions.

If we need to cancel or reschedule due to weather, illness, equipment failure, safety concerns, or other circumstances beyond our control, we will aim to offer an alternative time. We will not be responsible for indirect losses caused by such changes, although any prepayments for work not carried out will normally be addressed in line with the circumstances and any applicable refund rights.

5. Liability and Limitations

We take reasonable care when carrying out gardening services, but our liability is limited to losses that arise from our proven negligence, breach of contract, or failure to use reasonable skill and care. We do not accept responsibility for pre-existing defects, hidden conditions, or damage caused by wear and tear, adverse weather, poor construction, unstable surfaces, or defective fixtures and fittings.

Where plants, lawns, timber, paving, irrigation systems, ornaments, or outdoor structures are old, fragile, diseased, or poorly maintained, there is an increased risk of incidental damage even when work is carried out carefully. You acknowledge that some gardening tasks, including pruning, hedge reduction, clearance, and root disturbance, carry inherent risks. We will not be liable for damage that was reasonably foreseeable and disclosed before work began, or for damage arising from the customer’s instructions.

Nothing in these terms excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded under UK law. Subject to that, our total liability for any claim arising from the service shall be limited to the amount paid for the specific service giving rise to the claim, except where a different limit is required by law.

6. Waste Handling and Regulations

Garden work often creates green waste, soil, branches, turf, hedge trimmings, and other organic material. Unless otherwise agreed, waste removal will be included only if it is clearly part of the service description or quoted separately. Waste may be bagged, loaded, stacked, or prepared for removal in accordance with the agreed arrangement. Any additional disposal fees, tipping charges, or hire costs will be explained where possible in advance.

We operate in line with UK waste regulations and expect all waste to be handled lawfully and responsibly. Waste will not be fly-tipped, burned unlawfully, or disposed of in a manner that breaches environmental rules. Where the customer requests that waste be left on site, it becomes the customer’s responsibility to store, process, reuse, or dispose of it lawfully after the job is complete. If the waste includes items that are not standard green waste, such as soil, rubble, treated timber, plastic, metal, or contaminated material, this must be disclosed in advance as different handling arrangements may be needed.

If waste transfer documentation or evidence of lawful disposal is required for a particular job, we will provide it where applicable and where the information is available from the disposal route used. The customer agrees not to ask us to remove prohibited, hazardous, or concealed waste unless this has been specifically discussed and accepted in advance. Any undisclosed hazardous material may result in immediate suspension of the work and additional charges.

7. Delays, Weather, and Force Majeure

Gardening services are often affected by weather, ground conditions, and seasonal growth patterns. Wet ground, frost, high winds, heatwaves, and storms may affect the timing, quality, or safety of certain tasks. Where conditions make work impractical or unsafe, we may delay or adjust the service. We will use reasonable efforts to communicate changes and arrange a new visit where appropriate.

We are not liable for failure to perform or delay in performance caused by events outside our reasonable control, including severe weather, transport disruption, equipment shortages, public emergencies, or changes in law. If a force majeure event prevents completion of the service, the parties will cooperate in good faith to find an alternative arrangement. Any amounts paid for services not provided will be dealt with fairly and in accordance with the circumstances.

8. Complaints and Rectification

If you believe a service has not been performed in accordance with the agreed terms, you should notify us within a reasonable time after completion. Please provide a clear description of the issue and allow us a fair opportunity to inspect the matter and, where appropriate, return to rectify the problem. We will not normally consider complaints made long after the service was delivered if evidence has been altered, disturbed, or obscured by later events.

Where a genuine fault is identified and is within our responsibility, we may choose to re-perform the relevant part of the service, provide a partial adjustment, or offer another reasonable remedy depending on the circumstances. Our decision will take into account the nature of the work, the conditions on site, and whether the issue resulted from factors outside our control or from instructions given by the customer.

Complaints will be handled in a fair and professional manner. However, dissatisfaction with the appearance of living materials, seasonal variation, or natural regrowth does not by itself constitute a breach of contract. Gardening outcomes can be influenced by climate, plant health, and prior maintenance, and these factors may affect results even when the work has been carried out properly.

9. Data, Privacy, and Communication

Any personal information provided in connection with a booking will be used for arranging services, administration, invoicing, record-keeping, and related communication. We will handle personal data in accordance with applicable UK data protection requirements. Information will not be sold, and it will only be shared where necessary for lawful business purposes, service delivery, or compliance with legal obligations.

We may communicate with you by phone, text message, email, or written notice using the details supplied at booking. It is your responsibility to keep those contact details up to date. Important notices, including changes to appointments, invoices, or updates to these terms, may be sent through the contact method most suitable in the circumstances.

10. Governing Law

These Terms and Conditions, and any dispute or claim arising out of or in connection with them, shall be governed by and interpreted in accordance with the laws of England and Wales. The parties agree that the courts of England and Wales shall have exclusive jurisdiction, except where mandatory law provides otherwise.

If any part of these terms is found to be unlawful, invalid, or unenforceable, that part shall be treated as separate and shall not affect the validity of the remaining provisions. No failure or delay by us in enforcing any provision shall be treated as a waiver of our rights. These terms may be updated from time to time, and the version in force at the time of booking will apply unless a later change is required by law or agreed in writing.

Gardeners Upton Park provides gardening services on the basis of these fair-use terms, with an emphasis on clear communication, lawful waste handling, transparent pricing, and reasonable limitation of liability. By proceeding with a booking, you confirm that you have read, understood, and accepted these conditions in full.