Booking Terms & Conditions – Sparkling Ovens & Carpets

1. Booking Agreement

A booking is formed when:

A customer submits or otherwise makes a booking request; and

We issue a booking confirmation, booking reference, or otherwise expressly confirm acceptance of the booking.

You are responsible for ensuring that information supplied when making the booking is accurate and sufficiently complete for us to assess the work required.

Where a person makes a booking on behalf of another person, household, property owner or occupier, that person must have authority to arrange the service.

A booking covers only the services expressly agreed or confirmed by us. Additional work is not included unless subsequently agreed.

All booking times represent estimated arrival windows unless we expressly confirm a specific appointment time.

2. Arrival Windows

Where a booking is made for a time window, the booking relates to the selected arrival window rather than a guaranteed arrival time.

Examples may include:

Morning Window (AM)

Afternoon Window 1 (PM1)

Afternoon Window 2 (PM2)

We will make reasonable efforts to arrive within the selected window.

Previous appointments may take longer than anticipated and traffic, weather, access difficulties, equipment issues, emergencies or other circumstances may occasionally cause delays.

Where reasonably practicable, we will notify you of a material delay.

3. Customer Responsibilities

Customers must:

Provide accurate contact, address and service information.

Provide safe and reasonable access to the property and items being serviced.

Ensure any necessary permissions have been obtained.

Inform us before work begins of any relevant hazards, contamination, defects, damage, access restrictions, parking restrictions, pets or unusual conditions.

Ensure that pets, children and other persons do not interfere with the safe performance of the work.

Provide reasonable access to electricity, water and other facilities required for the booked service where applicable.

Ensure an adult aged 18 or over is available where reasonably required.

Remove or secure valuable, fragile, breakable or easily damaged items from the immediate work area where reasonably practicable.

You are responsible for information supplied by you when arranging the service.

We are not responsible for loss or additional work resulting from materially inaccurate, incomplete or misleading information supplied by you, except to the extent that the loss results from our failure to exercise reasonable care and skill.

Failure to provide agreed access may be dealt with under Section 8.

4. Parking, Access Charges and Additional Costs

You must inform us of known material parking or access restrictions before the appointment.

Where parking charges, permits, congestion charges, tolls, ferry charges or similar unavoidable costs are reasonably incurred in order to provide the service, these may be added to the price where you were informed of them or where they could not reasonably have been identified before attendance.

Where unusual or materially different access requirements significantly increase the time or work required, we may propose an additional charge or revised scope of work.

Any such change will be discussed with you before chargeable additional work proceeds wherever reasonably practicable.

5. Quotations and Pricing

The price shown in your booking confirmation is the agreed price for the services selected, based on the information you provide when booking.

Any quotation is based upon information reasonably available to us at the time it is given, including information supplied by you.

Relevant information may include the:

Type and number of items.

Size or number of rooms.

Type of appliance.

Condition of the item or area.

Level and type of contamination.

Accessibility.

Services requested.

If the actual condition, size, accessibility, contamination level, appliance type, number of items or scope of work differs materially from the information supplied at booking, we may:

Revise the quotation.

Propose additional work.

Modify the scope or method of work.

Exclude an affected item or area.

Decline work which cannot reasonably or safely be undertaken.

No chargeable additional work will be undertaken without informing you of the additional price or basis of charging first wherever reasonably practicable.

6. Additional Work Requested During the Appointment

Appointment time is allocated according to the services selected when the booking is made. Customers should include all services they wish us to undertake when booking. We cannot guarantee that additional work requested on the day can be accommodated.

You may ask us to undertake additional work while we are at the property.

Additional work is subject to available time, equipment, staff capacity and suitability.

Where we agree to perform additional work, we will communicate the additional price or basis of charging before carrying out that work wherever reasonably practicable.

Once agreed and performed, additional work forms part of the service and the corresponding charge becomes payable with the remainder of the booking.

7. Statutory Cancellation Rights

Where the booking is a distance or off-premises consumer contract to which statutory cancellation rights apply, you ordinarily have a statutory right to cancel within 14 days of contract acceptance.

Where service is to begin during that period, we will ask you to expressly request early performance and acknowledge that, if the service is fully performed during that period, you will lose your right to cancel.

Nothing in these Terms removes or restricts that statutory right.

Where you expressly request that we begin providing services during an applicable statutory cancellation period, we may begin providing the service in accordance with that request and applicable law.

Where legally applicable, if you subsequently exercise a statutory right to cancel after performance has begun but before the service has been fully performed, you may be required to pay an amount proportionate to the services already supplied.

Where a service is fully performed during the statutory cancellation period following the express request and acknowledgement required by law, the statutory right to cancel may be lost.

Any statutory cancellation right takes precedence over our ordinary cancellation provisions where the two conflict.

8. Cancellation, Rescheduling and No Access

Outside any applicable statutory cancellation right, you should provide as much notice as reasonably possible if you wish to cancel or reschedule.

Where more than 24 hours' notice is provided, we will normally make no cancellation charge.

Where less than 24 hours' notice is provided, or where:

You cancel on the day of the appointment.

Nobody provides agreed access.

You are unavailable when your presence is reasonably required.

Access has not been arranged as agreed.

The property cannot reasonably be accessed because of circumstances within your control.

Conditions within your control prevent the booked work from proceeding.

We may charge a reasonable cancellation or no-show amount reflecting losses directly and reasonably resulting from the cancellation or failed appointment.

In determining any amount due, we may take account of committed technician time, travel, directly incurred costs, loss of the reserved appointment and our reasonable ability to mitigate the loss, including whether replacement work can be obtained.

We will not seek payment for costs reasonably avoided as a result of the cancellation.

Any cancellation charge will not exceed the amount that would otherwise have been payable for the cancelled service.

A short-notice request to reschedule may be treated as a cancellation where we cannot reasonably refill the original appointment.

Nothing in this section restricts applicable statutory cancellation rights.

9. Service Limitations and Results

Cleaning can significantly improve appearance, cleanliness and hygiene but cannot guarantee complete restoration or removal of every mark, stain, odour, deposit or contaminant.

Depending upon the material, construction, age and condition, it may not be possible to remove completely:

Permanent staining.

Dye damage or dye transfer.

Bleaching.

Fading.

Wear and tear.

Burns.

Scratches.

Rust.

Colour loss.

Previous cleaning damage.

Manufacturing defects.

Permanent odours.

Ingrained contamination.

Grease or carbon deposits.

Physical damage.

Chemical damage.

Other permanent or irreversible changes.

Results may vary depending upon age, construction, fibre or material type, previous treatment, previous cleaning, contamination level, wear and underlying condition.

The continued presence of a stain, mark, odour, deposit or other condition following reasonable cleaning does not by itself establish that the service was performed without reasonable care and skill.

10. Pre-Existing Damage, Deterioration and Hidden Defects

You must tell us before work begins about any known damage, defects, deterioration, instability, previous repairs or unusual characteristics relevant to the service.

These may include:

Loose fittings.

Weakened fabrics.

Tears or cuts.

Damaged seams.

Unstable furniture.

Damaged flooring.

Loose carpet.

Carpet delamination.

Damaged seals.

Faulty appliances or components.

Brittle plastics.

Cracked or damaged glass.

Damaged coatings.

Damaged finishes.

Previous repairs.

Age-related deterioration.

Other structural or material weaknesses.

Not all weaknesses, defects, previous repairs or deterioration are visible or reasonably identifiable before cleaning begins.

Cleaning may remove dirt, grease or contamination which previously concealed staining, fading, scratches, cracks, tears, colour variation, deterioration, previous repairs or other defects.

The fact that a defect, weakness or deterioration becomes visible or manifests during or following cleaning does not by itself establish that the service caused that condition.

We are not responsible for deterioration, failure or damage to the extent that it results from a pre-existing defect, ordinary wear and tear, age-related deterioration, inherent weakness, defective manufacture or installation, previous repair, undisclosed condition or another cause which does not result from our failure to exercise reasonable care and skill.

11. Right to Refuse, Modify, Suspend or Stop Work

We may reasonably refuse to begin, modify, suspend or stop particular work where:

Conditions are unsafe.

Hazardous substances or contamination are present.

An item or surface appears unsuitable for the proposed treatment.

Continuing would create an unreasonable risk of damage.

Access cannot safely be obtained.

Essential utilities or facilities are unavailable.

Aggressive, abusive, threatening or seriously obstructive behaviour occurs.

Animals or other persons cannot reasonably be kept clear of the working area.

Circumstances materially differ from those disclosed when booking.

Continuing the service would place our staff, contractors, customers, third parties, property or equipment at unreasonable risk.

Where reasonably practicable, we will explain why work cannot proceed as originally planned.

Any amount payable will depend upon the circumstances and work actually undertaken.

We will not impose a cancellation charge where we are unable to provide the service because of our own breach of contract.

12. Furniture, Contents and Customer Property

Where furniture or other items need to be moved, you must tell us about anything which is unusually fragile, valuable, unstable, previously repaired or otherwise difficult to move safely.

We may decline to move an item where doing so would create an unreasonable risk of injury or damage.

We may require you to move or arrange the movement of particularly heavy, valuable, fragile or unsafe items before work proceeds.

Where reasonably practicable, breakable, valuable or easily damaged items should be removed from furniture and the immediate work area before our arrival.

13. Property Damage and Causation

We will exercise reasonable care and skill when providing the service.

If you believe that accidental damage has been caused by us during the service, you should notify us as soon as reasonably practicable after discovering it.

Where reasonably practicable, you should provide:

Clear photographs of the affected area.

A description of the alleged damage.

Details of when the damage was discovered.

Relevant information about the previous condition, age and history of the affected item.

Any other information reasonably required to investigate the circumstances.

You must take reasonable steps to prevent avoidable further loss or damage after becoming aware of a problem.

Except where urgent action is reasonably necessary to prevent further loss or damage, you should provide us with a reasonable opportunity to inspect alleged damage and, where appropriate, propose, undertake or arrange an appropriate remedy before third-party repair, replacement, disposal or alteration is undertaken.

Where repair or replacement is claimed to be necessary, we may request reasonable supporting evidence including photographs, repair quotations, invoices and information about the age, specification, value and previous condition of the affected item.

The existence of damage discovered after our attendance does not by itself establish that the damage was caused by us.

Any determination of responsibility must take account of the available evidence and circumstances.

Failure to preserve reasonable evidence or provide a reasonable opportunity to investigate may affect our ability to determine causation and the appropriate remedy.

Nothing in this section removes or restricts any statutory right or liability which cannot lawfully be excluded or restricted.

14. Photographs and Service Records

We may take reasonable photographs or other service records where appropriate to record:

The condition of the work area.

Relevant pre-existing conditions or damage.

Items being serviced.

Work undertaken.

Completed work.

Safety matters.

Quality assurance matters.

Complaints or remedial work.

Matters relevant to the investigation or defence of a dispute or legal claim.

Such records will be handled in accordance with our Privacy Policy and applicable data-protection law.

We will take reasonable steps to avoid unnecessarily recording individuals or unrelated private information.

Use of photographs for advertising or promotional purposes will be dealt with separately where consent or another appropriate lawful basis is required.

15. Completion and Customer Inspection

Where reasonably practicable, you should inspect the completed work before our technician leaves the property and raise any immediately apparent concern.

This does not prevent you from raising a concern which could not reasonably have been identified at that time.

Inspection, acceptance of the completed work or payment does not remove statutory rights which cannot lawfully be excluded.

16. Payment

Unless alternative payment arrangements have been expressly agreed by us in advance:

Payment is due in full immediately upon completion of the service and must be received before our technician leaves the property.

You must ensure that:

An accepted means of payment is available.

Any person whose authority is required to make payment is available or has made suitable arrangements.

Any banking, card or other payment access required to make payment is available when the service is completed.

Saving our payment details for later use, stating an intention to pay later, initiating an arrangement to pay later or otherwise postponing payment does not constitute payment.

You may not unilaterally defer payment to a later time or date.

Payment may be made using any payment method accepted by us at the time.

Where an amount is genuinely disputed, you should tell us promptly what amount is disputed and the reason for the dispute.

A dispute concerning part of the service does not automatically entitle you to withhold an amount which is not reasonably in dispute, subject always to your statutory rights.

If payment is not received when due, the unpaid amount will be treated as an outstanding debt.

We may:

Issue payment reminders.

Issue a formal demand for payment.

Suspend or refuse further services while money remains outstanding.

Refer the outstanding debt to a solicitor, debt-recovery provider or other appropriate recovery service.

Commence court proceedings to recover sums lawfully due.

Where legally recoverable, we may also seek applicable interest, court fees and other costs or expenses recoverable by law.

Nothing in this section permits us to recover an amount, fee, interest or cost which cannot lawfully be recovered.

Commercial customers may be subject to separate payment terms.

17. Complaints and Remedial Work

We must be given a reasonable opportunity to investigate and, where appropriate, resolve genuine concerns.

Where reasonably practicable, immediately apparent concerns should be raised before our technician leaves the property.

Other concerns should be reported as soon as reasonably practicable after discovery and, wherever reasonably practicable, within 48 hours of completion.

You should provide sufficient information and, where appropriate, clear photographs to allow us to investigate.

Where a complaint relates to the quality of the service, we should be provided with a reasonable opportunity to inspect the affected work and, where appropriate, repeat or remedy the affected part of the service before unnecessary third-party remedial work is commissioned.

This does not prevent reasonable urgent action being taken where necessary to prevent further loss or damage.

A delay in reporting a concern does not automatically remove statutory rights, but may affect the available evidence, our ability to establish what occurred and our ability to provide an appropriate remedy.

18. Liability

Nothing in these Terms excludes or restricts liability or a consumer right where doing so would be unlawful.

We will provide our services with the reasonable care and skill required by applicable law.

Subject to applicable law, we are not responsible for loss or damage to the extent that it:

Was not caused by our breach of contract or failure to exercise reasonable care and skill.

Results from materially inaccurate, incomplete or misleading information supplied by you.

Results from a pre-existing or inherent condition described in these Terms.

Results from your failure to follow reasonable instructions provided by us.

Results from circumstances outside our reasonable control.

Could reasonably have been avoided or reduced by you taking reasonable steps after becoming aware of the relevant problem.

Subject to applicable law, we are not responsible for losses which were not reasonably foreseeable consequences of our breach when the contract was made.

Nothing in these Terms excludes or restricts liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability which cannot lawfully be excluded or restricted.

19. Delays and Events Outside Our Reasonable Control

We are not responsible for failure or delay in performing our contractual obligations to the extent caused by circumstances genuinely outside our reasonable control.

Such circumstances may include:

Severe weather.

Flooding.

Fire.

Significant traffic disruption.

Road closures.

Vehicle breakdown despite reasonable maintenance.

Utility failure.

Sudden illness or incapacity.

Government restrictions.

Industrial disputes.

Emergencies.

Other comparable unforeseen events outside our reasonable control.

Where such an event materially affects an appointment, we will take reasonable steps to notify you and, where appropriate, offer to rearrange the service.

Nothing in this section removes any refund or other statutory right which applies in the circumstances.

20. Gift Vouchers and Physical Products

Where physical products or gift vouchers are supplied, additional terms may apply.

Applicable statutory rights relating to goods, distance contracts, cancellation, refunds and faulty or misdescribed products remain unaffected.

Where a statutory cancellation right applies to a physical product, the applicable statutory cancellation period and return requirements will apply.

Nothing in this section restricts rights relating to faulty, misdescribed or otherwise non-conforming goods.

21. Data Protection and Privacy

Personal information is processed in accordance with our Privacy Policy and applicable data-protection law.

Personal information may be processed where appropriate for purposes including:

Booking administration.

Service delivery.

Customer communications.

Customer support.

Payment processing.

Maintaining appropriate service records.

Quality assurance.

Handling complaints and remedial work.

Preventing or investigating fraud or misuse.

Establishing, exercising or defending legal claims.

Legal and regulatory compliance.

Further information about how personal information is processed, retained and protected and about applicable rights is contained in our Privacy Policy.

22. Communications

We may contact you using the telephone number, email address or messaging details supplied in connection with the booking where reasonably necessary to administer or provide the service.

You are responsible for ensuring that contact information supplied to us is accurate.

Transactional communications relating to a booking or service are separate from optional marketing communications.

23. Changes to a Confirmed Booking

Any agreed material change to the scope, date, price or other important booking details may result in an updated confirmation.

Neither party is bound by a material variation proposed by the other unless it has been agreed.

This does not prevent minor operational adjustments which do not materially disadvantage you.

24. Commercial Customers

Where a customer is acting wholly or mainly for purposes relating to a trade, business, craft or profession, separate or additional commercial terms may apply.

Consumer protections referred to in these Terms apply only where applicable by law.

Where separate commercial terms have expressly been agreed, those terms take precedence to the extent of any inconsistency.

25. Severability

If any provision of these Terms is found by a court or other competent authority to be unlawful or unenforceable, that provision will be treated as modified or removed only to the minimum extent necessary.

The remaining provisions will continue to apply so far as legally possible.

26. No Waiver

If we do not immediately exercise a contractual right on a particular occasion, this does not mean that we permanently give up that right.

Allowing an exception on one occasion does not automatically create a right to the same exception on another occasion.

Nothing in this section restricts statutory consumer rights.

27. Third-Party Rights

Except where applicable law provides otherwise, a person who is not a party to the contract has no right to enforce these Terms.

28. Governing Law and Jurisdiction

These Terms & Conditions are governed by the laws of Scotland.

Where you are a consumer, nothing in this section deprives you of any mandatory legal protection or right concerning the court or jurisdiction in which proceedings may lawfully be brought.

Subject to those rights, disputes arising from these Terms or the services will be dealt with by the courts having jurisdiction under applicable law.

29. Contact Information

Sparkling Ovens & Carpets/Sparkling Oven & Carpet Cleaning

Office 1, Technology House
9 Newton Place
Glasgow
G3 7PR

Email: [email protected]