Tandridge District Council (‘the Council’) operates a chargeable collection service for garden waste (‘the Service’). These Council Terms and Conditions (‘T&C’s’) are the ones we intend to rely on for this service. By agreeing to pay for the Service you (‘the Subscriber’) will be accepting these T&C's.
The Council has outsourced the Service to Biffa (‘the Sub-Contractor’).
In these terms and conditions “us” and “we” means the Council and “you” means the Subscriber.
1. Subscription
1.2 This Service does not cover;
- Premises which are occupied by a club, society or any associations of persons in which activities are conducted for the benefit of the members. Examples of these are sports pavilions and social clubs.
- Village halls, other halls or residential properties that are managed by a commercial landscaper/gardener. Occupants of such premises should seek a commercial waste Service for the disposal of such garden waste.
1.3 If the Council is of the opinion you will be using your bin for a commercial purpose, the Sub-Contractor will cancel your subscription and will cease collections.
1.4 Once the Sub-Contractor has received your completed subscription and payment, your property details will be added to a database used by the Sub-Contractor for garden waste purposes. That database shows which households have subscribed to the Service.
1.5 Your current subscription period runs for twelve months inclusive of two weeks over the festive season in December and January when the Service is suspended. Your annual subscription has been priced accordingly and no refund will be provided for this period. The exact dates of this suspension will be published on the Council website and on the collection calendar.
1.6 You can have multiple green waste bins, with the annual subscription cost applied on a 'per bin basis', i.e. if you request that the Sub-Contractor empty two green waste bins for your property this will incur a cost of twice the annual subscription cost.
1.7 All bins remain the property of the Council and you may be issued with a refurbished bin rather than a brand-new bin.
1.8 Although reminders will be sent, the annual subscription renewal is your responsibility and failure to re-subscribe will result in the Service being cancelled for your property.
2. Payment
2.1 The subscription charges are listed on the Council’s website. The Council reserves the right to increase the subscription cost and you will be given at least 30 days’ notice of any changes.
2.2 If you will be paying by direct debit, the Sub-Contractor will regard the day that it receives your direct debit mandate (provided that it is fully and correctly completed) as the date that your payment was made and your contract for the provision of the Service begins for the current subscription period. The Sub-Contractor will assume payment will be made by your bank on time.
2.3 It can take up to 10 (ten) working days from the date payment is received for your subscription to be added to the collection round and for the subscription to commence.
3. Cancellation
3.1 You have the right to cancel your subscription within 14 days without giving any reason. The cancellation period will expire after 14 days from the day you subscribe. If you cancel within 14 days from subscription the Sub-Contractor will make a full refund. This does not affect your statutory rights or the direct debit guarantee. If you cancel your subscription, your wheelie bin(s) will not be emptied even if it contains garden waste.
3.2 Once the Sub-Contractor has begun to provide the Services to you, you may cancel the contract for the Services at any time. Please note that you will not be refunded any of the amount paid at the time of your application. You can close your account by calling 0800 0858 286 or e-mailing gwc.tdc@biffa.co.uk.
3.3 You can withdraw from the Service at any time, however no refunds will be issued if you terminate your contract part way through the Service year. If you pay by Direct Debit, you will be liable to pay the remainder of the subscription term.
3.4 Should you not renew your subscription your wheelie bin(s) will not be emptied and the Council will collect the bin. The Council reserves the right to charge £10.00 plus VAT for the removal of each bin.
4. Moving House
4.1 If you move house within the District area, the Service can usually be transferred to your new property. Your bin from your old property will need to be transported by you. It is your responsibility to also inform the Sub-Contractor of the change of address in writing. This must be done 14 days before your moving date.
4.2 Where a new bin(s) is needed at your new address the Council will deliver it at a cost of £10.00 plus VAT.
4.3 If you move out of the District during the period of your subscription, the Sub-Contractor will not provide a refund for the unused months. You cannot take your bin out of the District area. It is your responsibility to inform the Sub-Contractor so that the wheelie bin(s) can be collected or if the new occupier wishes to use the bin until the end of the paid subscription. You will need to contact your bank to cancel your Direct Debit (if applicable).
5. Death of a Subscriber
5.1 Should the Subscriber die the subscription can be transferred onto another person at the same property. A new Direct Debit or new payment method will need to be set up in the new Subscriber’s name on the renewal date.
5.2 Should the Subscriber die, and the subscription is not transferred to an existing person in the same property, the wheelie bin(s) will be removed at the end of the subscription. No refund will be given.
5.3 If the property is sold, the new occupier can use the bin until the end of the paid subscription. If they do not contact the Sub-Contractor to join the service before the renewal date, the wheelie bin(s) will be removed at the end of the subscription.
6. Capacity of Wheelie bin(s)
6.1 The Council will provide you with a 240 litre wheelie bin(s) (‘the wheelie bin(s)’) in order to enable green waste collections.
6.2 Regardless of the size of any household (or garden), there is no alternative sized bin provision. If you have larger gardens, you may subscribe to receive multiple wheelie bin(s) each payable at the annual charge as set out by the Council. The Sub-Contractor will let you know about any changes to the price of the subscription, the timing of supply or anything else which would be necessary because of your requested change and ask you to confirm whether you wish to go ahead with the change. The Sub-Contractor may charge a one-off delivery fee for any additional wheelie bin(s) supplied to you.
6.3 The Council reserves the right to amend the specification of the wheelie bin(s) if required for safety reasons or by any applicable statutory or regulatory requirements.
7. Presentation of Wheelie bin(s) for Collection
7.1 The wheelie bin(s) should be presented on the boundary to the front of your property by 7.00 am on the day of collection, unless alternative arrangements have been agreed by us. If you have an assisted waste collection, the Sub-Contractor will collect and return the wheelie bin(s) to its storage location.
7.2 There will be no return visit for aborted collections due to access not being made available by you, or for wheelie bin(s) being placed out later than 7.00 am on the day of collection unless alternative arrangements have been agreed by us.
7.3 You must ensure that only materials referred to in this clause are put in the wheelie bin(s): Compostable Waste: material that is suitable for open windrow composting including plant stems, leaves and stalks. The Compostable Waste must be free from any other form of contamination unless agreed in writing (e.g. synthetic twine); Green Waste: botanical waste consisting of grass cuttings, hedge clippings, prunings, leaves (excluding street sweepings), dead plant material or roots. This list is not exhaustive, for full details of what can go in your wheelie bin(s) please visit www.tandridge.gov.uk/gardenwaste.
7.4 A Christmas tree must fit within the dimensions of the wheelie bin(s) with the lid closed and must be cut into pieces otherwise it will not be collected.
7.5 Any waste or matter not specified on the Council website or in this agreement will be deemed as non-permitted waste. The Sub-Contractor can collect a wheelie bin(s) that includes nonpermitted waste if this is pre-arranged by calling 0800 0858 286 or e-mailing gwc.tdc@biffa.co.uk and for a fee of £35.00 plus VAT per wheelie bin.
7.6 If, at a given property, persistent non-compliance occurs, i.e. repeated instances of attempts to use the subscription for the collection of non-permitted waste without paying additional costs for collection, the Council will, if necessary, consider taking enforcement action and/ or withdrawing the subscription without any refund.
7.7 Wheelie bin(s) shall be presented on the day of collection in a clearly visible location that is accessible to the collection crews, being placed where the customer’s property meets the publicly adopted highway/pavement (or where the property meets the private road that the Council have agreed to Service as by existing collections).
7.8 Lids of wheelie bin(s) containing garden waste must be fully closed. The Sub-Contractor reserves the right not to empty bins when the lids are not fully closed as this may cause damage to the lids whilst being mechanically emptied. The wheelie bin(s) containing the garden waste must not be compacted too densely that the bin(s) is unable to be emptied. If wheelie bin(s) are compacted too densely, the Sub-Contractor reserves the right not to empty the bin. If the householder persistently does not comply with the requirements contained in this clause, the Council reserves the right to remove the wheelie bin(s) and cancel the Service, without refund.
7.9 The Sub-Contractor will not empty/ collect any bin that in its reasonable opinion poses a health and safety risk to its operatives. The Council may request that steps are taken to reduce the risk to the Sub-Contractor’s operatives before any further attempt to empty/ collect is undertaken.
7.10 All the waste collection vehicles are equipped with CCTV monitoring equipment which can be used to confirm whether a wheelie bin(s) was presented correctly and in time.
7.11 You must remove your wheelie bin(s) from the highway/pavement as soon as possible after collection and it is your responsibility to safely store your wheelie bin(s) on your property between collections.
8 Collection
8.1 The Services will be collected every two weeks on a specified day. This service operates from Monday to Friday, including public bank holidays, except during the Christmas and New Year period when the service will be suspended for two weeks.
8.2 The days of collection which are due on Bank Holidays will take place on that day.
8.3 The Council reserves the right to alter the collection day and will publicise any changes to the Services via our website and social media channels. Appropriate notice will be given prior to any alteration.
8.4 The Council will aim to provide 25 collections throughout the year, unless circumstances beyond the Council’s control prevent collection.
8.5 During cold weather the contents of wheelie bin(s) may freeze, meaning it may not be possible to fully empty the bin without damaging it. In these circumstances the remaining garden waste will be collected on the next scheduled collection date.
8.6 The Sub-Contractor records valid reasons for not emptying a wheelie bin(s). This can include the wheelie bin(s) having not been presented or presented as required, or the presence of prohibited materials in the wheelie bin(s) (i.e. contamination). If you indicate that your Service has been missed, related records will be checked. We may also review CCTV footage from the waste collection vehicles. You will need to notify the Sub-Contractor by the end of the second working day after the missed collection has occurred so that we are able to resolve any collection issues. If the Sub-Contractor agrees the collection has been missed, a new collection will take place within 24 hours of the missed collection being reported. No refunds will be provided under these circumstances.
8.7 The Sub-Contractor will not return outside of the specified collection day for any missed collections reported after the timeframe set in paragraph 8.6, and the wheelie bin(s) will be emptied on the next scheduled collection.
9. The Subscriber’s Obligations
9.1 Throughout the subscription period, you shall be responsible for the safekeeping of the wheelie bin(s) provided, the cleanliness of the wheelie bin(s) and the cleanliness of the site around the wheelie bin(s).
9.2 You will be responsible for any loss (including theft) or damage to the wheelie bin(s) and will be required to pay the Sub-Contractor £40.00 plus VAT which will include the cost of a replacement wheelie bin, delivery and admin costs arising from any such loss, theft or damage.
9.3 Only wheelie bin(s) that are damaged through the fault of the Sub-Contractor and reported as such will be replaced by the Council.
9.4 If you decide not to pay for a replacement wheelie bin(s) you will be unable to present garden waste for collection and by default, choose to opt out of the Service. You will not, however, receive a refund.
9.5 The Council reserves the right to vary the charges and any of these terms and conditions at any time giving reasonable notice.
9.6 The Service may be withdrawn if your wheelie bin(s) is misused.
10. Events Outside the Council’s Control
10.1 The Council will not be responsible for any failure to perform or delay in performance of any of the Council’s obligations under these terms and conditions that is caused by an “Event Outside the Council’s Control”. If an “Event Outside the Council’s Control” affects the Council’s ability to deliver the Service, it will resume normal Service as soon as reasonably practicable after the “Event Outside the Council’s Control” is over.
10.2 “Events Outside the Council’s Control”; this means any act or event beyond the Council’s reasonable control, including without limitation strikes or other industrial action, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, subsidence, pandemic, extreme weather or other natural disaster, power failure, internet Service provider failure, technological failure, breakdown in machinery /collection vehicles.
10.3 If an Event Outside the Council’s Control affects the Sub-Contractor’s ability to deliver the Service to you:
- The Council will post on its website if any known events outside the control of the SubContractor are affecting the ability to deliver the Service as soon as is reasonably possible.
- The Sub-Contractor will resume normal Service as soon as reasonably practicable after the Event Outside the Council’s Control is over.
10.4 The Council will not be liable for any loss of profit or any direct or indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the Council’s employees, contractors, agents or otherwise) in connection with its provision of the Service or the performance of any of its other obligations under these terms and conditions or with the use by you whether as a result of breach of contract, breach of statutory duty, tort (including negligence), personal injury due to slips or trips arising from the wheelie bin(s) or their contents being presented by you in an unsafe manner or otherwise howsoever arising.
11. Use of your personal data
11.1 The Sub-Contractor will collect the following information about you when you subscribe to the Service:
- Name
- Property address
- E-mail address
- Telephone number
for the purpose of processing your application, providing the green waste collection Service and where applicable for collecting payments. This information will be held in a secure manner and passed onto the Council. The Council and the Sub-Contractor will retain your information for the performance of the Service between you and the Sub-Contractor.
11.2 The Council and Sub-Contractor will treat any personal information by which you can be identified (e.g. name, address, email etc.) in accordance with the provisions of the Data Protection Act 2018. The Council and the Sub-Contractor may get information about you from others, or we may give information to them. The Council and the Sub-Contractor will not disclose any personal information to any other third parties unless required to do so by law and as the law permits, to check the accuracy of information, prevent fraud or detect crime or to protect public funds.
11.3 You can review the Privacy Notice at www.greenwasteclub.co.uk/privacy-statement.
11.4 The Council and the Sub-Contractor will not disclose your personal information to third parties for marketing purposes. If you wish to see the personal data the Council or the Sub-Contractor holds, please contact the Data Protection Officer.
12. Sub-contracting
12.1 The Council shall be free to sub-contract the provision of the Service (or any part thereof).
13. Contact
13.1 In respect of any queries, issues, complaints relating to this Service, please visit www.greenwasteclub.co.uk, e-mail gwc@biffa.co.uk or telephone 0800 0858 286. Do not contact the Council’s Customer Service Team as they will not be able to deal with your complaints.
14. Changes to Terms and Conditions
14.1 The Council shall be entitled to alter these T&Cs at any time, but this right shall not affect the existing T&C’s accepted by you upon placing an order
14.2 Notification of any significant amendments will be published on the Council’s website.
15. Governing Law and Jurisdiction
15.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English courts.