Gardeners Castelnau Service Terms and Conditions

These Terms and Conditions set out the basis on which Gardeners Castelnau provides gardening and related services to residential and commercial clients in its service area. By booking or receiving any service from Gardeners Castelnau, you agree to be bound by these Terms and Conditions. Please read them carefully before placing a booking.

1. Definitions

In these Terms and Conditions, the following expressions have the meanings set out below:

Client means the person, firm or company requesting or receiving services from Gardeners Castelnau.

Company means Gardeners Castelnau, providing gardening and related services within the United Kingdom.

Services means any gardening, grounds maintenance, soft landscaping, planting, lawn care, hedge cutting, garden clearance, outdoor cleaning, or related work provided by the Company.

Contract means the agreement between the Client and the Company for the provision of Services, comprising these Terms and Conditions and any confirmed booking or quotation.

2. Scope of Services

The Company provides a range of gardening and outdoor maintenance services. The exact scope of Services for each job will be set out in the quotation or booking confirmation. Any descriptions given verbally or in promotional materials are for general guidance only and do not form part of the Contract unless expressly confirmed in writing.

The Company reserves the right to refuse or discontinue Services where the requested work is unsafe, unlawful, impractical, or outside the Companys usual area of expertise.

3. Booking Process

3.1 Booking requests may be made by the Client through the Companys accepted booking channels. A booking is not confirmed until the Company has issued a confirmation, which may be sent in writing or provided verbally and followed up in writing.

3.2 The Client must provide accurate and complete information regarding the property, access, parking, type of work required, and any known risks or restrictions. The Company may amend or cancel the booking if key information is found to be inaccurate or incomplete.

3.3 For larger or more complex jobs, the Company may conduct an on-site visit before confirming the booking. Any quotation issued following such a visit will usually be valid for a limited period, as stated in the quotation.

3.4 The Company will use reasonable efforts to attend on the agreed date and time, but all dates and times are estimates and may be subject to change due to weather conditions, traffic, staff availability, or other factors beyond the Companys reasonable control. The Company will notify the Client of any significant changes as soon as reasonably practicable.

4. Estimates and Quotations

4.1 Any estimate or quotation provided by the Company is based on the information supplied by the Client and, where applicable, a visual inspection of the property. If on arrival the Company discovers additional work, access issues, or conditions that were not apparent at the time of quotation, the Company may revise the price or propose alternative options.

4.2 Unless expressly stated otherwise, quotations are exclusive of waste removal charges, specialist machinery, plant hire, or additional materials that may become necessary once work begins.

4.3 Where Services are charged on an hourly or daily basis, the Client will be informed of the applicable rates in advance. Time is charged from arrival at the property until the team departs, including reasonable breaks and time spent clearing up.

5. Client Responsibilities

5.1 The Client must ensure safe and reasonable access to the property and garden areas where work is to be carried out, including gate codes, keys, or instructions to on-site personnel.

5.2 The Client is responsible for providing suitable parking arrangements as close as reasonably possible to the property. Any parking charges or penalties incurred as a direct result of providing the Services may be added to the Clients invoice.

5.3 The Client must inform the Company of any known hazards, underground services, cables, pipes, buried features, or special conditions that could affect the work. The Company will not be liable for damage to items that were not reasonably visible or disclosed in advance.

5.4 The Client must ensure that pets and children are kept away from the working area during the provision of Services, and that any valuables, fragile items, or obstructions are removed before work starts.

6. Payments

6.1 Prices for Services will be as set out in the quotation, booking confirmation, or the Companys prevailing rate card. All prices are stated in pounds sterling and may be subject to applicable taxes as required by law.

6.2 Payment terms will be stated on the invoice or booking confirmation. Unless otherwise agreed in writing, payment is due immediately on completion of the Services for domestic Clients, and within the specified period for commercial Clients.

6.3 The Company may require a deposit or advance payment for certain jobs, particularly larger projects, the purchase of special materials, or where multiple visits are required. Deposits are usually non-refundable except where the Company cancels the Contract without fault on the part of the Client.

6.4 If the Client fails to make payment by the due date, the Company reserves the right to charge interest on the overdue sum at the maximum rate permitted by applicable UK law, accruing daily until payment is received in full. The Company may also suspend or cancel further Services until all outstanding amounts have been settled.

6.5 The Client agrees to reimburse the Company for all reasonable costs and expenses incurred in recovering overdue amounts, including debt collection and legal fees.

7. Cancellations and Rescheduling

7.1 The Client may cancel or reschedule a booking by giving the Company reasonable notice. Specific notice periods may be stated at the time of booking. Where no specific period is stated, the Client should provide at least 24 hours notice.

7.2 If the Client cancels or reschedules without the required notice, the Company may charge a cancellation fee, which may be a fixed fee or a percentage of the quoted price, to reflect time reserved, lost work opportunities, and any costs already incurred.

7.3 The Company reserves the right to cancel or reschedule a booking at any time where it is impossible, unsafe, or impractical to proceed, including due to adverse weather, staff illness, equipment failure, or circumstances beyond the Companys reasonable control. The Company will seek to provide as much notice as possible and to offer an alternative date or a refund of any deposits paid, as appropriate.

7.4 If access to the property is not available at the agreed time and the Company is unable to carry out the work as a result, this may be treated as a same-day cancellation and the Company may apply a call-out or cancellation charge.

8. Changes to the Work

8.1 If the Client wishes to change the scope of the Services after the booking has been confirmed, the Client should contact the Company as soon as possible. The Company will confirm whether the requested changes can be accommodated, and any resulting impact on price, timing, or materials.

8.2 If during the course of the work the Company identifies additional tasks that are advisable for the health and safety or long-term condition of the garden, the Company will inform the Client and request approval before proceeding with any additional chargeable work.

9. Waste Regulations and Disposal

9.1 The Company will comply with applicable UK regulations relating to the handling, transport, and disposal of green waste and other materials arising from the Services.

9.2 Unless expressly included in the quotation, removal of green waste, soil, hardcore, timber, or other materials is not automatically included. The Client may choose to retain the waste on site, arrange their own disposal, or request a separate waste removal service from the Company at an additional charge.

9.3 Where the Company agrees to remove waste, it will be taken to an appropriate, licensed facility wherever reasonably practicable. The Company is not responsible for any items that the Client has mistakenly allowed to be cleared with garden waste.

9.4 The Client is responsible for complying with local rules or restrictions on waste storage at the property, including any limits on the use of domestic bins or council collections.

10. Health, Safety, and Site Conditions

10.1 The Company will take reasonable care to carry out the Services safely and to follow relevant health and safety guidance for gardening work in the United Kingdom.

10.2 The Client agrees not to interfere with, or instruct others to interfere with, the Companys tools, machinery, or equipment while work is in progress.

10.3 The Company may stop work temporarily or permanently if site conditions are unsafe, including due to severe weather, unstable structures, aggressive animals, or any other factor that poses a risk to staff or others. In such cases, the Company may charge for any work already completed and any wasted attendance time.

11. Liability and Limitations

11.1 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 lawfully be excluded under UK law.

11.2 Subject to the above, the Companys liability to the Client, whether in contract, tort, or otherwise, arising out of or in connection with the Services, is limited to the total price paid or payable for the specific Services giving rise to the claim.

11.3 The Company will not be liable for any indirect, consequential, or economic losses, including loss of profit, loss of enjoyment, or loss of opportunity, arising from its Services or any delay or failure to perform.

11.4 The Company will not be responsible for pre-existing damage, defects, or disease in plants, lawns, structures, or surfaces. The Company does not guarantee the future growth or performance of plants or lawns, as these are affected by weather, soil conditions, pests, diseases, and the Clients ongoing maintenance.

11.5 The Client is responsible for the continued care and maintenance of the garden after completion of the Services, including watering, feeding, and other routine tasks. Any guidance provided by the Company is for general information only.

12. Insurance

The Company will maintain appropriate public liability insurance and, where applicable, employers liability insurance for the nature of its operations in the United Kingdom. Details of cover can be made available to the Client on reasonable request.

13. Complaints and Quality

13.1 The Company aims to provide Services with reasonable care and skill. If the Client is dissatisfied with any aspect of the work, the Client should raise the issue with the Company as soon as possible, ideally within 48 hours of completion of the relevant Services.

13.2 The Company will investigate any complaint and, where appropriate and reasonably practicable, may arrange a revisit to address concerns, rectify issues, or offer a partial refund. Any remedy will be at the Companys discretion and subject to the circumstances of the case.

14. Intellectual Property and Photographs

14.1 Any designs, planting plans, or other creative materials produced by the Company remain the intellectual property of the Company unless expressly agreed otherwise in writing.

14.2 The Company may take photographs of the garden before, during, and after the work for record-keeping, training, or marketing purposes. The Company will avoid including identifiable images of individuals without consent.

15. Privacy and Data Protection

The Company will handle any personal data supplied by the Client in accordance with applicable UK data protection laws. Personal data will be used only for the purpose of providing Services, administering the Contract, and communicating with the Client. The Company will take reasonable steps to keep such data secure and will not share it with third parties except where required to deliver the Services, comply with legal obligations, or enforce the Contract.

16. Force Majeure

The Company will not be in breach of the Contract or liable for any delay or failure to perform its obligations where such delay or failure results from events, circumstances, or causes beyond its reasonable control, including but not limited to severe weather, flooding, fire, illness, industrial disputes, or transport disruptions.

17. Assignment

The Client may not assign or transfer its rights or obligations under the Contract without the Companys prior written consent. The Company may assign or subcontract some or all of its rights and obligations where this does not materially affect the standard of the Services.

18. Governing Law and Jurisdiction

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.

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.

19. General Provisions

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

19.2 No failure or delay by the Company to exercise any right or remedy provided under these Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy.

19.3 These Terms and Conditions, together with any quotation or booking confirmation, constitute the entire agreement between the Client and the Company in relation to the Services and supersede any prior agreements or understandings, whether written or oral.

By placing a booking with Gardeners Castelnau, the Client confirms that they have read, understood, and agree to be bound by these Terms and Conditions.