Gardeners Kennington Service Terms and Conditions
These Terms and Conditions set out the basis on which Gardeners Kennington provides gardening and related services to residential and commercial customers. By making a booking or allowing our gardeners to begin work at your premises, you confirm that you have read, understood and agree to be bound by these Terms and Conditions.
These terms are intended to be fair and transparent and to clarify the respective rights and responsibilities of Gardeners Kennington and its clients. If you do not agree to any part of these Terms and Conditions, you must not use our services.
1. Definitions
In these Terms and Conditions, the following expressions have the meanings set out below.
Client means the person, firm or company who requests gardening or related services from Gardeners Kennington.
Services means any gardening, grounds maintenance, garden clearance, hedge cutting, lawn care, planting, pruning, pressure washing, external cleaning or other work agreed between Gardeners Kennington and the Client.
Premises means the outdoor or garden area at which the Services are to be provided.
Agreement means the contract between Gardeners Kennington and the Client for the provision of Services, incorporating these Terms and Conditions and any written or verbal confirmation of a booking.
2. Scope of Services
Gardeners Kennington provides general gardening and outdoor maintenance services. The specific Services to be provided will be agreed at the time of booking and confirmed in writing or verbally.
We reserve the right to refuse work that we consider unsafe, unlawful, beyond our expertise, likely to cause damage to property, or otherwise unsuitable. This includes, but is not limited to, work at excessive heights without appropriate equipment or work that would breach environmental or waste regulations.
Any timescales, schedules or completion dates given for the performance of Services are estimates only and are subject to factors such as weather conditions, access to the Premises and the condition of the garden. While we will use reasonable endeavours to meet any estimated dates, time is not of the essence of the Agreement.
3. Booking Process
Bookings for Services may be made by the Client via our website contact form, written correspondence or other communication methods offered by Gardeners Kennington from time to time.
When making a booking, the Client must provide accurate and complete information regarding the Premises, the Services required, any access restrictions and any known risks or hazards. Gardeners Kennington is entitled to rely on the information provided by the Client when estimating costs and scheduling work.
A booking will be deemed accepted, and an Agreement formed, when Gardeners Kennington confirms the booking and, where applicable, the Client pays any required deposit or call-out fee. We may issue a confirmation of the agreed Services, estimated cost and proposed date or schedule. The Client must check the details of this confirmation and notify us of any errors as soon as possible.
Gardeners Kennington reserves the right to amend or decline a booking if the information provided is incomplete or inaccurate, or if we do not have capacity to complete the work on the requested date.
4. Access to the Premises
The Client is responsible for ensuring that Gardeners Kennington has safe and reasonable access to the Premises at the agreed time. This includes making arrangements for keys, access codes, parking permissions and the removal of any obstacles that would prevent the completion of the Services.
If we are unable to gain access to the Premises at the agreed time, or if access is significantly obstructed, we may charge a call-out fee or treat the booking as a late cancellation in accordance with section 8 of these Terms and Conditions.
The Client must ensure that pets, children and other occupants are kept clear of the areas where we are working, and that any hazards such as loose paving, exposed cables or unstable structures are brought to our attention before work commences.
5. Client Obligations
The Client agrees to provide truthful and up-to-date information regarding the Premises and the Services required, and to notify Gardeners Kennington promptly of any changes in circumstances that may affect the performance of the Services.
The Client must ensure that any necessary permissions or consents are in place before work begins. This may include landlord consent, planning permissions, listed building consents or neighbour agreements relating to boundary hedges, fences and trees. Gardeners Kennington is not responsible for checking or obtaining such permissions.
The Client agrees not to instruct gardeners on site to carry out additional work outside the agreed Services without prior approval from Gardeners Kennington. Any additional work requested may be subject to separate charges.
6. Pricing and Estimates
Prices for Services may be quoted as a fixed fee, an hourly rate or a combination of both, depending on the nature and scope of the work. Any estimate provided is based on the information given by the Client and on an assumption of normal garden conditions.
If on arrival the actual condition of the Premises differs significantly from that described, or if additional work is required that was not originally agreed, Gardeners Kennington may revise the estimate. We will seek the Client's approval before proceeding with any work that would materially increase the cost.
Unless otherwise stated, all prices are quoted in pounds sterling and are inclusive or exclusive of any applicable taxes as specified at the time of the quote or confirmation.
7. Payments and Invoicing
Payment terms will be confirmed at the time of booking. Depending on the type of Service, payment may be required in full on completion, in advance, or in part by way of deposit with the balance due on completion.
Gardeners Kennington will issue an invoice for the Services provided. Invoices are payable within the period stated on the invoice. If no payment period is stated, invoices are due immediately on receipt.
Payment may be made using the methods accepted by Gardeners Kennington from time to time. The Client is responsible for any bank or transfer charges imposed by their payment provider.
If payment is not received by the due date, Gardeners Kennington reserves the right to charge interest on overdue amounts at a reasonable rate and to suspend further Services until all outstanding sums are settled. We may also recover from the Client any reasonable costs incurred in pursuing unpaid invoices.
8. Cancellations and Rescheduling
The Client may cancel or request to reschedule a booking by giving Gardeners Kennington reasonable notice in advance of the scheduled start time. The required notice period and any applicable cancellation charges will be indicated at the time of booking.
As a general guideline, cancellations or rescheduling requests received with more than 48 hours' notice may be accepted without charge, while those received with less than 48 hours' notice may incur a cancellation fee or call-out charge. Same-day cancellations or failure to provide access to the Premises at the agreed time may result in a charge up to the full estimated cost of the booking.
Gardeners Kennington may cancel or reschedule a booking if we are unable to perform the Services due to severe weather, staff illness, equipment failure, safety concerns or other circumstances beyond our reasonable control. In such cases, we will endeavour to offer an alternative date or refund any advance payments for Services not yet provided. We will not be liable for any indirect or consequential losses arising from such cancellations.
9. Garden Waste and Environmental Regulations
Gardeners Kennington aims to comply with all applicable environmental and waste disposal regulations in the United Kingdom. The handling and disposal of garden waste, soil, turf, branches and other materials will be agreed with the Client before work begins.
In many cases, we can collect and remove green waste generated during our work for an additional fee, calculated based on volume, weight and disposal costs. This will be confirmed as part of the quote or at the time of the visit.
Where possible, and where agreed with the Client, we may cut or process green waste in such a way that it can be left on site for composting or mulching. The Client is responsible for maintaining any compost heaps or storage areas created as part of this arrangement.
Gardeners Kennington will not remove or transport hazardous waste, contaminated soil, asbestos, chemicals, paint, oil, household rubbish or any materials that are subject to special disposal controls. If such materials are discovered during the course of our work, we may suspend the Services until the Client arranges for safe and lawful removal by a suitably licensed operator.
The Client must not request or require Gardeners Kennington to dispose of waste in a manner that breaches local or national regulations, such as fly-tipping or burning in restricted areas. Any fines, penalties or liabilities arising from instructions given by the Client in contravention of environmental rules will remain the responsibility of the Client.
10. Health and Safety
Gardeners Kennington will use reasonable care to work safely and to follow relevant health and safety guidance when carrying out Services. Our gardeners may refuse to carry out any activity they consider unsafe or likely to cause damage.
The Client must inform us of any known hazards at the Premises, including but not limited to unstable structures, hidden water features, electrical installations, underground utilities, sharp objects, harmful plants or chemical residues.
The Client is responsible for ensuring that the Premises are reasonably safe for our gardeners to work on, and for complying with any health and safety instructions or recommendations we provide during the course of the Services.
11. Liability and Limitations
Gardeners Kennington will exercise reasonable skill and care in providing the Services. If the Client is not satisfied with any aspect of the work, they must notify us as soon as reasonably possible, and in any event within a reasonable period after completion. We may, at our discretion, offer to rectify or repeat the Services where appropriate.
Our liability to the Client for any loss or damage arising out of or in connection with the Services, whether in contract, tort or otherwise, shall be limited to the total amount paid by the Client for the specific Services giving rise to the claim.
Gardeners Kennington will not be liable for any indirect, consequential or economic losses, including loss of profit, loss of enjoyment, loss of opportunity or loss of amenity, even if we have been advised of the possibility of such losses.
We are not responsible for pre-existing damage or defects at the Premises, for damage caused by pests, diseases or extreme weather, or for any deterioration in plants, lawns or features that is due to factors beyond our control, such as unsuitable soil, drainage issues, inadequate watering by the Client or future works by third parties.
Nothing in these Terms and Conditions excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other matter for which liability cannot be excluded or limited under applicable law.
12. Property and Planting
Any plants, materials, fixtures or equipment supplied by Gardeners Kennington remain our property until paid for in full. Risk in such items passes to the Client on delivery or installation at the Premises.
We will take reasonable care when working around existing plants, lawns, trees, ornaments and structures, but we cannot guarantee that all existing features will remain unaffected by the work, especially in heavily overgrown gardens or where clearance is required.
The long-term success and appearance of new planting, turfing or lawn treatments depends on ongoing care, watering and maintenance by the Client after completion of the Services. Gardeners Kennington cannot guarantee the survival or performance of plants where recommended aftercare is not followed or where conditions are unsuitable.
13. Complaints and Dispute Resolution
If the Client has any concerns or complaints about the Services, they should contact Gardeners Kennington as soon as possible, providing details of the issue and, where relevant, photographic evidence.
We will investigate complaints in good faith and aim to resolve issues through discussion, further visits or practical remedies where appropriate. The Client agrees to give us a reasonable opportunity to put things right before pursuing any formal claims.
If a dispute cannot be resolved informally, the parties may consider alternative dispute resolution methods, such as mediation, before commencing legal proceedings.
14. Data Protection and Privacy
Gardeners Kennington will collect and use personal information about Clients only to the extent necessary to manage bookings, provide Services, issue invoices, respond to queries and meet legal obligations.
We will take reasonable steps to protect personal data from unauthorised access, misuse or loss and will not sell personal details to third parties. We may share limited information with trusted service providers where necessary for payment processing or operational purposes.
15. Changes to These Terms and Conditions
Gardeners Kennington may update or amend these Terms and Conditions from time to time to reflect changes in our services, legal requirements or business practices. The latest version will apply to new bookings and will be made available upon request.
For existing Agreements, we will notify Clients of any material changes that could affect their rights or obligations. Continued use of our Services after such notification will constitute acceptance of the revised terms.
16. Governing Law and Jurisdiction
These Terms and Conditions, and any dispute or claim arising out of or in connection with them or with the Services, shall be governed by and construed in accordance with the laws of England and Wales.
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 Gardeners Kennington.
By making a booking with Gardeners Kennington or allowing our gardeners to commence work at your Premises, you confirm that you accept these Terms and Conditions in full.
