Gardeners Fitzrovia Service Terms and Conditions

These Terms and Conditions govern the provision of gardening and related services by Gardeners Fitzrovia to domestic and commercial clients in the United Kingdom. By booking or receiving any service from Gardeners Fitzrovia, you agree to be bound by these Terms and Conditions. Please read them carefully before placing a booking. If you do not agree with any part of these terms, you should not use our services.

1. Definitions

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

1.2 Company means Gardeners Fitzrovia and any contractors or gardeners engaged by Gardeners Fitzrovia to perform the services.

1.3 Client means the person, business, or organisation booking or receiving the services.

1.4 Premises means the garden, outdoor space, or other area at which the services are to be performed.

1.5 Services means gardening, garden maintenance, soft landscaping, clearance, and any other related services agreed in writing between the Company and the Client.

1.6 Agreement means the contract between the Company and the Client incorporating these Terms and Conditions and any written quotation or confirmation of booking.

2. Scope of Services

2.1 The Company will provide the Services with reasonable skill and care, using appropriately skilled personnel and suitable equipment for routine gardening tasks.

2.2 The exact scope of the Services, including any one off work or regular maintenance schedules, will be set out in a quotation, work order, or booking confirmation provided to the Client before the Services are carried out.

2.3 Any description of Services on the Companys website or marketing materials is for general guidance only and does not form part of the Agreement unless expressly confirmed in writing.

2.4 The Company reserves the right to refuse to perform any task that it reasonably considers unsafe, unlawful, beyond the agreed scope, or likely to cause damage to property, plants, or the environment.

3. Booking Process

3.1 Bookings may be requested by the Client via the Companys chosen contact and enquiry methods. A booking is not confirmed until the Company has issued a written confirmation specifying the date, time window, and general scope of the Services.

3.2 The Client must provide accurate information about the Premises, including access details, size and condition of the garden, any known hazards, and any specific requirements or restrictions.

3.3 The Company may request photographs or additional information before confirming a booking, particularly for larger or more complex projects.

3.4 Any quotation issued by the Company is valid for a limited period as specified on the quotation or, if not specified, for 30 days from the date of issue. After this period the Company may revise the quotation.

3.5 The Company reserves the right to decline any booking request without providing a reason.

4. Access and Client Obligations

4.1 The Client must ensure that the Company has safe and clear access to the Premises at the agreed time. This includes any keys, entry codes, parking permissions, or permits reasonably required.

4.2 The Client must ensure that pets, children, and other individuals are kept away from the immediate working area for the duration of the Services to maintain safety.

4.3 The Client must inform the Company of any underground services, cables, irrigation systems, or other installations that may be affected by gardening work. The Company is not liable for damage to any concealed services that were not properly disclosed.

4.4 If safe and reasonable access is not available on arrival, the Company may cancel or curtail the visit and may charge a cancellation fee in accordance with clause 7.

5. Service Times and Delays

5.1 Visits are scheduled within a time window where possible. While the Company will make reasonable efforts to attend within the agreed window, times are estimates only and are not guaranteed.

5.2 The Company will not be liable for any delay or failure to perform the Services due to events beyond its reasonable control, including severe weather, traffic disruption, accidents, other emergencies, or changes in laws or regulations.

5.3 If a delay means the Company cannot complete the agreed work on the scheduled date, the Company will arrange an alternative date or adjust the scope of work by agreement with the Client.

6. Prices and Payments

6.1 Prices for the Services may be based on hourly rates, fixed project fees, or agreed maintenance packages, as set out in the quotation or booking confirmation.

6.2 Unless expressly stated otherwise, prices are quoted in pounds sterling and include labour and use of standard equipment. Additional charges may apply for materials, plants, specialist machinery, waste removal, or extra labour, as agreed with the Client.

6.3 The Company reserves the right to revise prices if the information provided by the Client at the time of quotation proves to be materially inaccurate or incomplete, or if the condition of the Premises differs significantly from that described.

6.4 Payment terms will be stated in the quotation or invoice. In the absence of specific payment terms, payment is due on completion of the Services for one off visits, and in advance or by agreed schedule for ongoing maintenance.

6.5 The Company may accept various payment methods, such as bank transfer or card payments, as specified in its invoices or communications. Cash may be accepted at the Companys discretion.

6.6 If the Client fails to make any payment when due, the Company may charge interest on the overdue amount at the statutory rate applicable in the United Kingdom until payment is made in full. The Company may also suspend or cancel further Services.

7. Cancellations, Rescheduling and Missed Visits

7.1 The Client may cancel or reschedule a booking by providing the minimum notice specified in the booking confirmation or quotation. If no notice period is specified, at least 24 hours notice is required.

7.2 If the Client cancels or reschedules with less than the required notice, the Company may charge a cancellation fee, which may be up to the full price of the scheduled visit, to cover lost time and costs.

7.3 If the Company arrives at the Premises and is unable to access the garden or perform the work due to circumstances within the Clients control, this will be treated as a late cancellation and may incur a fee.

7.4 The Company may cancel or reschedule a booking due to adverse weather, safety concerns, staff illness, or other factors beyond its reasonable control. In such cases, the Company will offer an alternative date and no cancellation fee will apply.

7.5 For regular maintenance clients, persistent cancellations or access issues may lead to termination of the Agreement by the Company upon reasonable notice.

8. Materials, Plants and Equipment

8.1 Any materials or plants supplied by the Company will be of a standard quality suitable for general gardening purposes. However, the Company cannot guarantee the long term performance or survival of plants, as this is affected by factors outside its control, including weather, pests, diseases, and Client care.

8.2 Title to materials and plants supplied by the Company passes to the Client only once full payment has been received. The Company reserves the right to remove materials that remain unpaid for, where reasonably practicable.

8.3 The Company will use its own tools and machinery unless otherwise agreed. Client owned equipment will only be used at the Clients risk, and the Company accepts no liability for damage to such equipment.

9. Garden Waste and Environmental Regulations

9.1 The Company will comply with relevant environmental and waste disposal regulations in the United Kingdom when handling and transporting garden waste.

9.2 Unless expressly included in the quotation or booking confirmation, removal of garden waste such as cuttings, branches, soil, turf, and similar materials is not included in the standard price.

9.3 If the Client requests waste removal, additional charges may apply based on volume, weight, and disposal fees. These charges will be confirmed with the Client where possible before work begins or as soon as they become apparent.

9.4 Where feasible and agreed with the Client, the Company may process garden waste on site, for example through composting or mulching. The Client remains responsible for any long term management of compost heaps or stored waste.

9.5 The Company will not remove hazardous or controlled waste, including contaminated soil, asbestos, or chemical containers. If such materials are discovered, the Company may suspend work and advise the Client to contact a licensed specialist contractor.

10. Client Satisfaction, Defects and Complaints

10.1 The Client should inspect the work on completion of each visit where reasonably possible. Any concerns or defects should be reported to the Company promptly and no later than 48 hours after completion of the Services.

10.2 The Company will make reasonable efforts to address any justified concerns by revisiting the Premises or making appropriate adjustments, provided the issue falls within the scope of the original work and is not due to factors beyond the Companys control.

10.3 If the Client remains dissatisfied after the Company has had a reasonable opportunity to remedy the issue, the matter may be escalated in writing within the Companys internal complaints process.

11. Liability and Insurance

11.1 The Company will carry appropriate public liability insurance for the type of Services it provides. Details of cover can be made available on request.

11.2 Nothing in these Terms and Conditions limits or excludes the Companys liability for death or personal injury caused by its negligence, fraud, or any other liability that cannot be excluded under UK law.

11.3 Subject to clause 11.2, the Company will not be liable for any loss of profit, loss of business, loss of contracts, or any indirect or consequential loss arising out of or in connection with the Services.

11.4 The Companys total liability for any claim arising out of the Agreement, whether in contract, tort, or otherwise, will not exceed the total charges paid or payable by the Client for the specific visit or project giving rise to the claim.

11.5 The Company is not responsible for any damage caused by pre existing structural defects, unstable walls, fences, paving, or other features, or by pests, diseases, or extreme weather conditions affecting the garden.

11.6 The Client is responsible for the safety and security of any valuables, outdoor furniture, ornaments, and other items left in the garden. The Company accepts no liability for loss or damage to such items unless caused by its proven negligence.

12. Health and Safety

12.1 The Company will take reasonable measures to work safely and in accordance with applicable health and safety legislation and guidance.

12.2 The Client must inform the Company of any specific hazards at the Premises, including unstable ground, sharp objects, or dangerous structures. The Company may refuse to work in areas it deems unsafe.

12.3 The use of chemicals, weed killers, or treatments will be carried out in accordance with manufacturer instructions and regulatory requirements. The Client must follow any aftercare or safety advice provided, such as keeping pets or children away from treated areas for a specified period.

13. Data Protection and Privacy

13.1 The Company will collect and use personal data such as names, addresses, and contact details solely for the purposes of managing bookings, providing Services, and handling payments and communications.

13.2 The Company will handle personal data in accordance with applicable data protection laws in the United Kingdom. Personal data will not be sold to third parties.

13.3 The Client has the right to request access to the personal data held by the Company and to request correction of any inaccuracies.

14. Termination of Services

14.1 Either party may terminate an ongoing maintenance or recurring services Agreement by giving reasonable written notice, typically at least 14 days, unless otherwise specified in the Agreement.

14.2 The Company may terminate the Agreement with immediate effect if the Client commits a serious breach of these Terms and Conditions, fails to pay sums due, or behaves abusively or unreasonably towards the Companys staff or contractors.

14.3 Upon termination, the Client must pay all outstanding charges for Services already provided and for any materials or plants ordered specifically for the Client that cannot be reused.

15. Changes to Terms and Conditions

15.1 The Company may update these Terms and Conditions from time to time. The latest version will apply to all new bookings made after the date of publication.

15.2 For ongoing maintenance clients, the Company will notify the Client of any material changes to these Terms and Conditions. Continued use of the Services after notification will constitute acceptance of the updated terms.

16. Governing Law and Jurisdiction

16.1 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.

16.2 The parties agree that 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 the Services provided by the Company.

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