Terms And Conditions
Gardeners Swiss Cottage Service Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Swiss Cottage provides gardening and related services to residential and commercial clients. By booking any service with us, 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 booking the services.
Company means Gardeners Swiss Cottage.
Services means any gardening, garden maintenance, landscaping, clearance or related services supplied by the Company.
Site means the garden, grounds or other outdoor area where the Services are to be carried out.
Agreement means the contract between the Client and the Company for the provision of Services, incorporating these Terms and Conditions and any written quotation or confirmation.
2. Scope of Services
The Company provides a range of gardening and garden-related services, which may include but are not limited to lawn care, hedge trimming, pruning, planting, garden clearance, soft landscaping, general garden maintenance and related tasks.
The precise scope of Services for each booking will be as set out in the quotation or booking confirmation provided to the Client. Any additional services requested by the Client that are not included in the agreed scope may be charged separately and are subject to the Company’s approval and availability.
3. Booking Process
3.1 Booking requests
The Client may request a booking for Services by contacting the Company and providing details of the Site, the nature of the work required and preferred dates and times. The Company may request photographs or a description of the garden and any specific issues to assist in preparing a quotation.
3.2 Quotations
Where appropriate, the Company will provide a quotation or estimate based on the information supplied or following a Site visit. Quotations are typically provided for a fixed price, while estimates may vary depending on the actual time taken and conditions encountered on the day.
3.3 Acceptance of booking
A booking is considered accepted, and an Agreement formed, when the Client confirms acceptance of the quotation or estimate and the Company confirms the booking and appointment time. Confirmation may be provided in writing or by any other communication method used between the Company and the Client.
3.4 Site access and information
The Client must ensure that the Company has clear and safe access to the Site at the agreed date and time. The Client must inform the Company in advance of any access restrictions, parking limitations, security arrangements or other relevant conditions that may affect the provision of the Services.
4. Pricing and Payments
4.1 Pricing basis
The Company’s Services may be charged on a fixed price basis or on an hourly or daily rate, as advised to the Client before the booking is confirmed. Prices are based on labour, equipment, green waste handling, travel and other relevant factors.
4.2 Estimates and variations
Where an estimate is provided rather than a fixed quotation, the final charge may vary depending on the actual time required, the condition of the garden and any unforeseen circumstances. The Company will make reasonable efforts to inform the Client of any significant change to the estimated price before proceeding.
4.3 Payment terms
Unless otherwise agreed in writing, payment is due immediately upon completion of the Services or within the period stated on the invoice. The Company may require a deposit prior to the start of the Services, particularly for larger or multi-day projects. Any deposit requirements will be communicated to the Client in advance.
4.4 Late payment
If payment is not received by the due date, the Company reserves the right to charge interest on overdue amounts and to suspend further Services until payment is made in full. The Client is responsible for any reasonable costs incurred by the Company in recovering overdue payments.
4.5 Payment methods
The Company will advise the Client of the accepted payment methods, which may include bank transfer, card payment or other commonly used methods. Cash payments may be accepted at the Company’s discretion and must be agreed in advance.
5. Cancellations, Rescheduling and Access
5.1 Client cancellations
If the Client needs to cancel or reschedule a booking, the Client should notify the Company as early as possible. The Company may operate a minimum notice period for cancellations or rescheduling. Where appropriate notice is not provided, the Company reserves the right to charge a cancellation fee to cover lost time and associated costs.
5.2 Company cancellations
The Company may need to cancel or reschedule a booking due to adverse weather, staff illness, safety concerns, access issues or other circumstances beyond its control. In such cases, the Company will make reasonable efforts to notify the Client as soon as practicable and to arrange an alternative appointment time. The Company will not be liable for any loss arising from such cancellation or rescheduling, other than refunding any pre-paid amounts for Services not provided.
5.3 Access and inability to perform Services
If the Company attends the Site at the agreed time and is unable to carry out the Services due to lack of access, unsafe conditions, or other reasons beyond the Company’s control, the Company may charge a call-out or cancellation fee. The Client is responsible for ensuring that gates, garages, side entrances or other access routes are unlocked or that arrangements are made for access.
6. Client Responsibilities
6.1 Site preparation
The Client must ensure that the Site is reasonably clear of personal items, toys, garden furniture and any hazards that may impede the work. The Company reserves the right to refuse to work in areas that are unsafe, excessively cluttered or pose health and safety risks.
6.2 Utilities and services
The Client must provide access to water and electricity where reasonably required for the performance of the Services, unless otherwise agreed. The Client must inform the Company of the location of any underground services, pipes, cables or fixtures which are not visible but may be affected by digging or other work.
6.3 Pets and children
The Client must ensure that pets and children are kept away from the immediate work area during the provision of the Services, to avoid accidents, interference with work or escape of pets from the Site.
7. Company Responsibilities and Standards
The Company will use reasonable skill and care in providing the Services and will make reasonable efforts to meet any agreed timelines. However, timings are estimates and may be affected by weather, Site conditions, seasonal factors and other variables inherent to gardening work.
The Company will aim to leave the Site in a tidy condition, subject to the nature of the work undertaken. For certain works, such as pruning, clearance or landscaping, the appearance of the garden may evolve over time as plants recover or establish.
8. Waste Disposal and Environmental Regulations
8.1 Green waste
As part of its gardening and maintenance services, the Company may generate green waste, such as grass cuttings, prunings and other plant material. The handling of such waste will be agreed with the Client in advance. Options may include bagging waste for the Client to dispose of, placing waste in the Client’s garden waste bin or arranging removal of waste for an additional fee.
8.2 Non-green waste
Where the work involves removal of non-green waste such as old fixtures, plastics, rubble or other materials, the Company will advise whether it can remove such waste and any additional charges that apply. The Company complies with applicable waste regulations and may only remove waste where this is permitted and practical.
8.3 Compliance with waste regulations
The Company will take reasonable steps to ensure that all waste it removes is disposed of in accordance with relevant laws and regulations. The Client agrees not to request or permit any disposal method that would breach environmental or waste-disposal regulations.
9. Health, Safety and Site Conditions
The Company takes health and safety seriously and will carry out Services in a manner consistent with safe working practices. The Company may refuse or suspend work if conditions are considered unsafe due to factors such as extreme weather, unstable structures, aggressive animals, hazardous materials or other risks.
The Client must inform the Company of any known hazards on the Site, including uneven ground, ponds, sharp objects, hazardous plants, chemical residues or other conditions that could affect the safety of the Company’s personnel.
10. Property Damage and Liability
10.1 Reasonable care
The Company will take reasonable care to avoid damage to the Client’s property while carrying out the Services. However, minor damage or wear and tear may be unavoidable in some circumstances, particularly during clearance or heavy maintenance work.
10.2 Limitation of liability
To the fullest extent permitted by law, the Company’s total liability to the Client arising out of or in connection with the provision of the Services, whether in contract, tort or otherwise, shall be limited to the total price paid or payable for the specific Services giving rise to the claim. The Company will not be liable for any loss of profit, loss of enjoyment, loss of use, consequential or indirect losses.
Nothing in these Terms and Conditions excludes or limits liability for death or personal injury caused by negligence, fraud or any other liability that cannot legally be excluded or limited.
10.3 Plant health and external factors
The Company cannot guarantee the long-term survival or performance of plants, lawns or trees, as these are affected by factors outside the Company’s control, including weather, pests, diseases, soil conditions and aftercare. Any advice provided on plant care is given in good faith but does not constitute a guarantee of outcome.
11. Complaints and Disputes
11.1 Raising concerns
If the Client is dissatisfied with any aspect of the Services, the Client should notify the Company as soon as possible so that the issue can be investigated. Wherever possible, concerns should be raised within a reasonable time after completion of the work, and ideally while the work is ongoing so that remedial steps can be considered.
11.2 Resolution
The Company will make reasonable efforts to address complaints and, where appropriate, may offer to rectify issues, provide partial refunds or other remedies. Any remedy will be offered at the Company’s discretion, taking into account the nature of the complaint, evidence available and whether the Client has complied with these Terms and Conditions.
12. Insurance
The Company aims to maintain appropriate insurance cover relevant to the Services it provides. Details of insurance cover may be made available to the Client on reasonable request. The Client is responsible for ensuring that their own property and contents insurance is adequate and up to date.
13. Force Majeure
The Company will not be liable for any delay or failure to perform its obligations under the Agreement where such delay or failure is due to events beyond its reasonable control. Such events may include but are not limited to extreme weather, natural disasters, accidents, acts of government or public authorities, strikes, equipment failure not caused by the Company’s negligence, or other unforeseen disruptions.
14. Data and Privacy
The Company may collect and store basic contact details and information necessary to manage bookings, carry out the Services and issue invoices. The Company will use such information only for legitimate business purposes and will take reasonable steps to protect personal data in line with applicable data protection laws.
15. Changes 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 the Client’s booking will apply to that booking. The Company may, where appropriate, make updated terms available on request or prior to the acceptance of a new booking.
16. Governing Law and Jurisdiction
These Terms and Conditions, and any Agreement between the Client and the Company, are governed by and construed in accordance with the laws of England and Wales. Any dispute arising out of or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.
17. Entire Agreement
These Terms and Conditions, together with any written quotation, estimate or booking confirmation provided by the Company, constitute the entire agreement between the Client and the Company in relation to the Services and supersede any prior discussions, communications or agreements regarding the same subject matter.
By making a booking with Gardeners Swiss Cottage, the Client confirms that they have read, understood and agree to these Terms and Conditions.
