Terms and Conditions for Gardeners Kew

These Terms and Conditions set out the basis on which Gardeners Kew provides domestic and commercial gardening services. By making a booking, you agree to these terms in full. They are designed to create a clear, fair, and practical framework for service provision, payment, cancellations, safety, and the handling of green waste. References to gardeners in Kew, Kew gardening services, and similar wording refer to the same service provider throughout this document.

These terms apply to all routine and one-off work, including planting, pruning, lawn care, hedge maintenance, garden clearance, seasonal upkeep, and related horticultural tasks. They are intended to be read alongside any written quotation, invoice, or service description provided before the work begins. If any specific written agreement conflicts with these terms, the written agreement will take priority only to the extent of that conflict.

By instructing us to carry out work, the customer confirms that they are authorised to do so in relation to the property, land, or outdoor area concerned. The customer also confirms that they have provided accurate information about access, hazards, utilities, restrictions, and the scope of the requested work. Failure to provide accurate information may affect timings, pricing, and the ability to complete the service safely.

1. Booking Process

All bookings are subject to availability. A booking may be made after we have received enough information to understand the requested work, the location, and any important site conditions. We may provide an estimate, an indicative price, or a fixed quotation depending on the nature of the job. Any quote is based on the information supplied at the time and may change if the scope changes or if the site conditions differ from those described.

For the purposes of scheduling, the customer agrees to provide reasonable access to the property at the agreed time. If access is delayed or prevented by locked gates, absent keyholders, parking restrictions, pets, unsafe conditions, or any other issue outside our control, the appointment may be rearranged and additional costs may apply. Gardeners Kew is not responsible for wasted travel or lost labour time caused by inaccurate or incomplete booking information.

We may, at our discretion, request photographs, measurements, or further details before confirming a booking. This helps us assess labour requirements, equipment needs, disposal obligations, and whether specialist work is required. A booking is only confirmed once we have accepted it, whether verbally, in writing, or through an electronic communication confirming the scheduled date or time.

2. Payments and Pricing

Prices may be set as hourly rates, day rates, fixed project fees, or quotations based on the work described. Unless otherwise stated in writing, all prices are exclusive of any additional charges that may arise from unexpected conditions, additional labour, specialist tools, or waste removal beyond the agreed scope. If it becomes clear that the work will exceed the original scope, we will normally notify the customer before continuing where reasonably practicable.

Payments are due in accordance with the invoice or booking confirmation. We may require part payment, a deposit, or full payment in advance for certain jobs, particularly where materials, waste disposal, or reserved labour time are involved. Invoices must be paid by the due date stated on them. Late payment may result in suspension of further work, cancellation of future appointments, or recovery action as permitted by law.

The customer is responsible for ensuring that payment is made using the agreed method. Any bank charges, failed payments, chargeback fees, or costs arising from incorrect payment details may be added to the account where lawful. Gardeners Kew services are priced to reflect the time, skill, equipment, and disposal requirements involved, and quotations are valid only for the period stated or, if no period is stated, for a reasonable time.

3. Cancellations, Rescheduling, and No-Shows

The customer may cancel or reschedule a booking, but notice should be given as early as possible. If cancellation occurs at short notice, especially after labour has been allocated, materials have been ordered, or travel has begun, a cancellation fee may apply. The amount of any fee will depend on the circumstances, the timing of the cancellation, and the costs already incurred.

If the customer is not present when attendance is required, or if access cannot be gained for reasons within the customer’s control, the appointment may be treated as a cancellation or no-show. In such cases, the full fee, a call-out charge, or a proportion of the quoted amount may still be payable. This is because the time reserved for the service cannot always be reassigned at short notice.

We reserve the right to cancel or reschedule a booking where weather conditions, safety concerns, staff availability, equipment failure, or other factors make it impractical or unsafe to proceed. If we cancel for reasons within our control, we will seek to offer a new appointment. We will not usually be liable for indirect loss caused by a change of date, provided we have acted reasonably.

4. Service Standards and Customer Responsibilities

We will use reasonable skill and care in carrying out the services agreed. The precise outcome of gardening work can depend on season, weather, plant condition, soil state, previous maintenance, and other factors beyond human control. Accordingly, no guarantee is given that plants will thrive, lawns will recover immediately, or hedge and shrub forms will remain unchanged after a cut-back or reshaping unless expressly agreed in writing.

The customer must ensure that the work area is reasonably safe and that hazards are disclosed before the service begins. This includes, where relevant, hidden cables, irrigation systems, broken paving, unstable structures, asbestos, aggressive animals, underground services, or restricted access points. The customer should also remove or secure fragile ornaments, personal items, and valuables from areas where work may take place. Gardeners Kew accepts no responsibility for damage caused by undisclosed hazards or by items left in vulnerable locations.

Where permission from a landlord, managing agent, freeholder, neighbour, or local authority is required, the customer must obtain it before the work starts. If a third party later objects to the work or asserts that approval was not in place, any resulting delay, stoppage, or additional cost may be charged to the customer. The customer is also responsible for ensuring that any requested work is lawful and suitable for the property in question.

5. Liability and Limits of Responsibility

Nothing in these terms 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 that, our liability is limited as set out in this section. We will not be liable for losses that are indirect, consequential, or purely economic, including loss of profit, loss of enjoyment, or loss of opportunity arising from the service.

We are not responsible for pre-existing damage, hidden defects, natural deterioration, disease, pests, or structural problems that become visible during or after work. For example, a tree, shrub, wall, fence, or lawn may have underlying issues that are not apparent before commencement. If a customer asks us to carry out work on items in poor condition, any resulting breakage or further deterioration is at the customer’s risk unless caused by our negligence.

Where a valid claim arises, our total liability shall not exceed the price paid or payable for the specific service giving rise to the claim, except where a higher limit is required by law. The customer must notify us of any alleged defect, damage, or complaint within a reasonable time after it becomes apparent. Failure to do so may make it difficult to investigate and may affect any remedy offered.

We may, at our discretion, inspect the matter, rectify the issue, provide a partial refund, or offer another reasonable solution if we agree that our work fell below the standard required. Any remedy will depend on the facts, the nature of the service, and the extent of any proven loss. This does not affect the customer’s statutory rights under UK consumer law where applicable.

6. Waste Regulations and Removal

Many gardening tasks generate green waste, including branches, grass cuttings, leaves, soil, and plant material. Waste removal will only be included if expressly agreed or if the quotation states that disposal is part of the service. If waste removal is included, the waste will be handled in accordance with applicable environmental and waste management rules. Gardeners Kew services may sort waste for recycling, composting, transfer, or authorised disposal depending on the material.

The customer must disclose any waste that may be contaminated, hazardous, or subject to special handling requirements. This includes treated timber, chemicals, asbestos-containing material, medical waste, sharp objects, or non-garden waste mixed into the disposal pile. We reserve the right to refuse to remove such waste or to charge additional fees where specialist handling, licensed disposal, or protective measures are necessary.

The customer remains responsible for ensuring that the waste presented for collection is lawful to remove and accurately described. If waste is left at the property after completion because removal was not agreed, or because access to the waste area was restricted, the customer must make their own arrangements unless otherwise stated in writing. We do not accept responsibility for the contents of third-party bins, skips, or containers used without permission.

7. Materials, Plants, and Equipment

Where materials, compost, turf, plants, or other items are supplied, any product-specific warranty is limited to the terms of the manufacturer or supplier, if any. Natural materials may vary in colour, size, condition, and performance. Plants are living goods and their survival depends on aftercare, planting conditions, weather, watering, and site suitability. We cannot guarantee establishment unless a written guarantee is expressly given.

Any equipment we bring to site remains our property unless sold separately. The customer must not interfere with, move, or use tools, machinery, or materials without permission. If the customer supplies materials or requests that existing items be reused, we are not responsible for defects, compatibility issues, or failures arising from those items unless we have negligently installed them or ignored an obvious problem.

Should specialist machinery be required, the customer must ensure there is sufficient access, suitable ground conditions, and any necessary permission for use. If access is unsuitable for normal equipment, additional charges may apply or the work may need to be postponed. These practical limitations are common in outdoor work and are part of responsible service management.

8. Complaints and Disputes

If the customer is dissatisfied with any aspect of the service, the matter should be raised as soon as reasonably possible so that it can be reviewed. We may ask for photographs, a description of the issue, or access to the area concerned. Prompt communication helps us assess whether the issue relates to the agreed scope, natural conditions, third-party interference, or a service error.

We will act reasonably in trying to resolve disputes. Depending on the circumstances, resolution may include a revisit, adjustment of the work, a partial credit, or another proportionate response. No complaint will automatically entitle the customer to withhold payment for unrelated services already completed satisfactorily. Any agreed remedy will be without prejudice to any rights that cannot be excluded by law.

Nothing in these terms prevents either party from seeking independent advice or pursuing formal legal remedies where necessary. However, both parties are encouraged to attempt a practical resolution first. This approach helps reduce cost, delay, and inconvenience for everyone involved.

9. Governing Law

These Terms and Conditions, and any dispute or claim arising from them or the services supplied under them, are governed by the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction, except where mandatory consumer legislation provides otherwise. If any provision is found to be unenforceable, the remainder of these terms will continue in effect.

By booking a service with Gardeners Kew, the customer confirms that they have read, understood, and agreed to these terms. The aim is to keep the relationship transparent and fair, while allowing the gardening work to proceed efficiently and safely. These terms may be updated from time to time, and the version in force at the time of booking will normally apply to that booking unless a later written agreement says otherwise.