Terms and Conditions for Gardeners Botany Bay
These Terms and Conditions set out the basis on which gardening services are provided by Gardeners Botany Bay. They are designed to give customers clear information about the booking process, payment arrangements, cancellations, liability, waste handling, and the legal framework that applies to the service. By making a booking, the customer agrees to these terms and to any written quotation, specification, or service schedule issued in connection with the work.
Gardeners Botany Bay means the service provider and any appointed personnel acting on its behalf. In these terms, the words “you” and “customer” refer to the person, business, or property owner requesting the gardening service. References to services include one-off jobs, recurring visits, seasonal work, and any related labour agreed in advance. These terms are intended for use as a legal page and should be read alongside any job-specific instructions or special conditions.
The service may include lawn care, planting, pruning, hedge maintenance, border tidying, weed removal, bed clearance, and other general outdoor maintenance. Any work not expressly included in the booking confirmation is outside the agreed scope unless separately approved. Gardeners Botany Bay may refuse work that is unsafe, unlawful, beyond the agreed scope, or likely to damage the property, plants, or equipment.
Bookings may be made by phone, email, online form, or any other method accepted at the time of enquiry. A booking is only confirmed once the customer has accepted the quotation, confirmed the preferred date or visit schedule, and received acknowledgement from Gardeners Botany Bay. Where the service is arranged on an estimate rather than a fixed quote, the final price may vary if the actual work differs from the initial description, access conditions change, or additional labour is required.
Customers must provide accurate information when booking, including the type of garden, the work required, access details, parking restrictions, and any hazards such as broken paving, uneven ground, aggressive animals, hidden waste, or waterlogged areas. The customer must also disclose anything likely to affect the safe delivery of the gardening service. If false or incomplete information causes delay, extra labour, or equipment changes, reasonable additional charges may apply.
Gardeners Botany Bay aims to attend on the agreed date and within the agreed time period, but times are always approximate unless a fixed time is expressly confirmed. Weather, traffic, equipment failure, illness, supply issues, and emergency work may affect attendance. If attendance must be postponed, a new date will normally be offered. No compensation is payable for inconvenience caused by changes outside the provider’s reasonable control, unless required by law.
Payment terms will be confirmed in the quotation, invoice, or booking summary. Unless otherwise agreed in writing, payment is due on completion of the work or within the period stated on the invoice. For ongoing or larger projects, Gardeners Botany Bay may request a deposit, staged payments, or payment in advance for materials. Deposits are used to secure the booking and may be non-refundable where costs have already been incurred or where this is clearly stated in the quotation.
Prices are normally stated in pounds sterling and may be subject to VAT where applicable. Any quoted price assumes that the description of work is accurate and that conditions are reasonably standard. If the customer requests changes after work has started, or if unforeseen conditions require extra time or materials, Gardeners Botany Bay may revise the price accordingly. Additional charges may also apply for wasted journeys, failed access, waiting time, skipped appointments, or disposal costs that were not included in the original quote.
Cancellations by the customer must be made within a reasonable period before the scheduled visit. If the customer cancels after booking and preparations have already been made, a cancellation fee may apply to recover administrative costs, reserved time, or materials already purchased. Where a deposit has been taken, it may be retained in full or in part if cancellation is made too late or the slot cannot be reallocated. For recurring services, notice of cancellation should be given in accordance with the agreed schedule, and any outstanding charges remain payable.
Gardeners Botany Bay may cancel or reschedule a booking where necessary due to weather conditions, staff absence, unsafe access, equipment failure, unpaid invoices, or any circumstance beyond reasonable control. In such cases, the customer will normally be offered another appointment. If the customer is repeatedly unavailable or fails to provide access, the visit may be cancelled and a call-out charge may be charged where permitted by law and where loss has been suffered.
Customers have a duty to ensure the site is ready for the agreed work. This includes providing access to the garden, arranging any necessary permissions, and removing or identifying items that must not be touched. Unless otherwise agreed, the customer is responsible for informing neighbours, tenants, managing agents, or other affected persons where a booking may impact shared access or boundary areas. If work is delayed because access is denied or conditions are not suitable, Gardeners Botany Bay may charge for the time reserved.
Where plants, fixtures, or surfaces are fragile, the customer should notify the provider before work begins. Some gardening tasks involve ordinary wear, such as small marks, minor soil disturbance, or natural stress to plants during pruning or transplanting. Gardeners Botany Bay will take reasonable care, but it cannot guarantee that every living plant will survive or that every surface will remain unchanged after maintenance. Garden care is inherently dependent on seasonal conditions, plant health, and the existing condition of the property.
The liability of Gardeners Botany Bay is limited to losses that are directly caused by its negligence or breach of these terms and that are reasonably foreseeable. Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot lawfully be excluded under UK law. Subject to this, the provider will not be responsible for indirect loss, loss of profit, loss of enjoyment, or business interruption.
Any claim for damage must be reported as soon as reasonably possible and in any event within a reasonable time after the customer became aware of the issue. The customer should allow inspection of the alleged damage and provide photographs or other supporting information where available. Gardeners Botany Bay will not be liable for damage arising from pre-existing defects, hidden structural issues, poor maintenance, defective equipment supplied by the customer, or instructions followed at the customer’s request.
The provider is not responsible for loss caused by force majeure events, including severe weather, flooding, fire, civil disruption, transport disruption, power failure, or circumstances outside reasonable control. Where third-party contractors, utility providers, waste carriers, or material suppliers are involved, Gardeners Botany Bay will not be liable for their acts or omissions unless the law requires otherwise. Customers are encouraged to ensure that valuables, fragile items, and private documents are secured before work begins.
Waste produced during gardening work may include cuttings, soil, leaves, branches, turf, weeds, packaging, and general green waste. Disposal of waste will be carried out in accordance with applicable waste regulations, environmental requirements, and any conditions agreed in advance. Unless stated otherwise, waste removal is not automatically included in the price and may be charged separately. The customer remains responsible for legal ownership of waste until it is properly removed or transferred to an authorised facility or waste carrier.
Gardeners Botany Bay will not knowingly transport or dispose of controlled waste, hazardous waste, asbestos, chemicals, paint, oils, sharps, medical waste, or any material that requires specialist handling unless this has been expressly agreed and lawfully arranged. If prohibited or unexpected waste is discovered on site, the provider may stop work, remove only the permitted waste, or ask the customer to arrange proper disposal. Any extra handling, protective equipment, or disposal charges may be passed on to the customer where permitted.
The customer warrants that the waste being removed from the property belongs to the customer or that the customer has authority to arrange its removal. The customer must disclose any items that are potentially hazardous or subject to special regulations. Where green waste is left for collection, it should be segregated from household or construction waste unless otherwise agreed. Gardeners Botany Bay may refuse to load contaminated, overloaded, or improperly sorted waste if doing so would breach waste law or create a safety risk.
All intellectual property in quotations, documents, schedules, and service descriptions remains the property of the provider unless otherwise agreed. These terms may be updated from time to time. The version in force at the time of booking will apply to that booking unless a later written variation has been agreed. If any part of these terms is found unenforceable, the remaining provisions will continue in full force to the extent permitted by law.
Nothing in these terms creates a partnership, agency, or employment relationship between the customer and Gardeners Botany Bay. The customer may not assign or transfer the booking without consent. Any waiver of a right must be in writing and will not prevent that right from being enforced later. These terms, together with the quotation and booking confirmation, form the entire agreement between the parties in relation to the services supplied.
For the avoidance of doubt, these conditions apply to all gardening services supplied under the Gardeners Botany Bay name, whether the work is seasonal, one-off, regular, or project-based. They are intended to provide a fair balance between the parties, protect both sides from misunderstandings, and clarify the expectations for professional garden maintenance. Customers are encouraged to read the terms carefully before confirming any booking.
These Terms and Conditions and any dispute or claim arising from them shall be governed by and interpreted in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction over any dispute that cannot be resolved amicably. If a customer is contracting as a consumer, any mandatory rights under consumer law remain unaffected and nothing in these terms seeks to remove those rights.
If a dispute arises, both parties should first attempt to resolve the issue in good faith and without unnecessary delay. Any complaint should be raised promptly so that the matter can be investigated while the relevant facts remain fresh. Gardeners Botany Bay may request reasonable information to assess the issue, including photos, invoices, or a description of the work carried out. No failure to enforce a term immediately shall be taken as a waiver of that term.
By proceeding with a booking, the customer confirms that they have read, understood, and agreed to these Terms and Conditions. The customer also confirms that they have authority to authorise the work at the property and that they accept responsibility for providing accurate details and lawful access. These terms are intended to support a reliable and professional garden service while keeping the rules clear for everyone involved.