Garden waste collections - terms and conditions

The terms and conditions for our garden waste collections service as at January 2019.

Service description 

These terms and conditions apply with respect to the Service provided by the Council to the Customer.

1. Following receipt by the Council of the Subscription Fee from a Customer, the Council will deliver a Container to the Collection Address, along with a calendar stating the allocated Collection Day.

2. The Council will carry out a Collection of the Customer’s Containers on the specified Collection Day.

3. The Council reserves the right to change the Customer’s Collection Day and will notify the Customer of any such change by email or letter at least 2 weeks in advance.

4. The Service is available to all domestic households within Brighton & Hove where the Council confirms that it is practical operationally for the Council to provide the Service and where the Customer has the room to store a Containers. 

5. The Council will not provide a duty of care certificate or waste transfer notice to the Customer. 

Application and payment process

6. Applications for the Service can be made online or by telephone on 01273 292929. 

7. Subscription Fees must be paid in full by card or cheque. Cash is not accepted.

Subscription

8. Subscriptions to the Service are available from the Council throughout the year. 

9. A Customer may have a Subscription for a maximum of three Containers at one Collection Address; additional Containers will be charged at the same Subscription Fee which will be payable on a pro rata basis, based on how many days remain in the Subscription Period.

10. Subscriptions are not transferrable.

11. The Council may, at its sole discretion, agree to extend or reduce a Subscription Period if a Customer moves house during a Subscription Period and they move to a Collection Address on a different round (subject to availability on that round, if different).

Changes to customer information

12. The Customer must notify the Council of any changes to their personal details (including to the Customer’s Personal Data it provides to the Council).

13. The Customer must notify the Council (at least 2 weeks prior to moving) if they are moving to a property outside of Brighton & Hove in order to arrange the Council’s retrieval of the Containers.

14. The Customer must notify the Council if they are moving to a different property within Brighton & Hove and shall take the Containers with them to the new address. Failure by the Customer to notify the Council of a change of address will mean the Containers will not be collected at the new address.

15. Customers should contact the Council’s garden waste team with any changes to their details by telephone on 01273 292 929 or email garden.waste@brighton-hove.gov.uk

16. The Customer may receive one more or one fewer Collections if they move house during a Subscription Period and continue as a Customer, depending on rounds and Collection Days.

Containers

17. Any Containers provided to the Customer by the Council pursuant to these terms and conditions will remain the property of the Council. 

18. It is the responsibility of the Customer to ensure the Containers is secure at all times. 

19. The Customer is responsible for any loss or damage, however caused to, or by, the Containers whilst on loan, except when under the control of the Council or the Council’s Operatives during a Collection. The Customer will report any such loss or damage to the Council by calling 01273 292 929 and a replacement charge of £20 per Container will be payable by the Customer to the Council if the Council considers that the Container needs replacement. Payment will be taken at the time of the telephone call.

20. The Customer shall indemnify the Council in respect of all damage or injury to people or property and against all actions, suits, claims, demands, costs, charges and the expenses arising in connection therewith occasioned directly or indirectly by the presence of the Containers on or about the Customer’s property.

21. The Customer is responsible for positioning the Containers so as not to cause nuisance or obstruction.

22. The Customer will place the Containers on the pavement to enable easy access for Collection by the Council from the Collection Address on Collection Day.

23. The Customer will not cause or permit the waste to be taken by any other person other than the Council’s Operatives.

24. The Council will not deliver a Container to an address other than the Collection Address.

25. At the end of a Subscription Period, if the Council is unable to retrieve a Container from the Customer Address, the Customer will  be charged £20 per Container which will be payable by the Customer to the Council within 30 days of the Council’s invoice. 

Use of containers

26. The Customer must present the Containers for Collection outside the Customer Address by 6am on the day of Collection. If the Containers are not presented by this time, the Council will not return to collect until the next scheduled Collection Day. 

27. Containers are used at the Customer’s own risk. 

28. The Council will return an emptied Containers to where it was collected; it is then the responsibility of the Customer to take the Containers back within the boundary of their property. 

29. The Council may offer an assisted Collection for the Service where a person is physically unable to move the Containers and where there is no-one else to move them on their behalf. This will only be available where the Council considers it is operationally possible to do so. Garden waste is heavy and in some cases it is not possible to offer an assisted collection. 

Contamination

30. The Customer will be responsible for the waste it puts into the Containers.

31. Garden Waste must be put in the Containers loose; no bags or liners (including compostable liners) should be placed inside the Containers. 

32. Only Containers supplied by the Council will be collected; no other containers, bags, boxes, or side waste will be collected by the Council as part of the Service. 

33. The Customer must only place Garden Waste in the Containers. Any Containers which contain any material which is not Garden Waste will not be collected by the Council. 

34. If a Container is filled with anything other than Garden Waste more than twice and advice has been given to the Customer by the Council, the Council reserves the right to remove the Containers and cease the provision of the Service to the Customer without refunding the Subscription Fee to the Customer.

35. The Council will not collect any Containers if the Council Operatives reasonably consider they are too heavy for Collection.

36. The Customer must not allow any material to be burned in the Containers.

Collections

37. The Council will empty a Customer’s Containers on the specified Collection Day during the Subscription Period.

38. In exceptional weather conditions, the Council may need to temporarily suspend the Service for safety reasons. The Service may also be affected due to road or parking access reasons. Any suspensions or changes to the Service will be made by the Council clear on the Brighton & Hove City Council website. The Council will not refund any Subscription Fees in the event that it is unable to provide a Collection due to these reasons or any other reasons which are beyond its reasonable control.

Missed collections and lock outs

39. The Customer can report a missed collection online or by telephoning 01273 292 929.

40. The Council will aim to return within 2 days to collect the Containers which have been missed; any reasonable amount of excess waste will be removed when the Council Operatives call. A Customer will not be compensated for a Missed Collection.

41. Where a Lock Out occurs the Council Operatives will not return to collect the Containers from the Customer until the next Collection.

Renewals process

42. The Customer can renew their Subscription online or by telephone on 01273 292 929 in the 42 days before the end the Subscription Period.

43. The Council will send a renewal reminder to the Customer, either by email or letter, before the end of the Subscription Period.

44. The Council will send the renewal reminder letter to the Customer's Billing Address, not the Collection Address, if the two are different.

Ending the service

45. If a Customer does not renew their Subscription at the end of a Subscription Period, the Council will arrange for the Customer’s Containers to be retrieved within 2 weeks of the end of the Subscription Period.

Cooling off period and cancellation of subscriptions

46. New or returning Customers. If a Customer cancels their Subscription, the Subscription Fee will be refunded by the Council no later than 14 days after the Subscription start date, for any reason. The Subscription Fee will not be refunded if more than 14 days have elapsed since the Subscription start date.

47. Existing Customers. The Subscription Fee will be refunded by the Council no later than 14 days after the first possible collection of the renewed Subscription Period OR after the payment for the current Subscription Period is received by the Council whichever is later.

48. A Customer must email garden.waste@brighton-hove.gov.uk or write to The Garden Waste Team, Brighton & Hove City Council, Upper Hollingdean Road, Brighton, BN1 7GA to cancel a Subscription. Cancellations cannot be accepted by telephone. 

Refunds

49. The Subscription Fee is non-refundable, except during a cooling off period. 

50. If the Customer moves to a different property which the Council deems is not suitable for garden waste collections, the Council will not issue a refund of the Subscription Fee. 

Changes to the service

51. The Council reserves the right to withdraw the Service at any time. The Council will give at least 3 months written notice should the withdrawal be permanent. No refund will be given and the Containers will be removed.

52. The Council reserves the right to modify the Service at any time.

53. The Council will communicate any changes to the Service to Customers by email or letter.

The Customer

54. A Customer can have more than one Subscription.

55. A Customer must confirm to the Council that they have the right to create a Subscription for a Collection Address if they do not live there, when signing up to the Service.

56. A Customer must take responsibility for dealing with all communications from the Council related to the Subscription.

Occupants

57. An occupant of a customer property cannot make changes to the subscription. Only the named customer can do this.

Changes to terms and conditions

58. The council reserves the right to make amendments to these terms and conditions at any time.

59. Any changes to the terms and conditions will be communicated by the council to customers by email or by letter.

Data protection

Brighton & Hove City Council is the data controller for purposes of the Data Protection Act 2018 and EU General Data Protection Regulation as of May 2018. The Council is registered as data controller with the Information Commissioner's Office, registration number Z5840053.

We are committed to protecting your personal information. As a data controller we have a responsibility to make sure you know why and how your personal information is being collected in accordance with relevant data protection law.

We are collecting your data to:

  • allow you to pay for garden waste collections
  • provide you with garden waste collections
  • manage and administer your garden waste collections
  • contact you about changes to the service
  • contact you when your subscription is due for renewal
  • improve the design and performance of the service
  • investigate complaints
  • manage the finances of the service
  • recover money you may owe us

We have a legal basis for collecting this data as you have opted to enter into a contract with us to deliver the above.

To make sure that it delivers its functions as efficiently as possible, we may share your information with local authority partners, including Surrey County Council and East Sussex County Council, with whom we operate a shared service arrangement.

We will hold your data for as long as you are a garden waste customer. Once your subscription ends, we will delete your personal data after 6 years.

For further information you can contact us by:

You can also contact our Data Protection Officer by email at gdpr@brighton-hove.gov.uk

Government Notify Service

Your data will also be shared with the Government's Notify service and its subcontractors.

Definitions

  • billing address - the address where the customer's payment card of bank account is registered
  • container - a 240 litre brown garden waste bin provided by the council to the customer
  • collection - the collection and emptying of a customers containers by the council
  • collection day - the day of collection to occur once every two weeks, except for over the Christmas and New Year holiday weeks, as notified by the council to the customer
  • collection address - the customer's address from which the containers will be collected
  • council - Brighton & Hove City Council
  • council operatives - staff and representatives of the council who provide the service
  • customer - a person (not a commercial entity) who has paid for the subscription to the service and has given their personal data to the council
  • data consent notice - the consent notice which sets out how the council will process the customer's personal data
  • garden waste - leaves, twigs, grass, hedge and tree cuttings
  • lock out - where a container has not been presented by the customer for collection, for example it is not on the pavement outside the customer's property by 6am on collection day
  • lock out report - a report filled by a council operative which confirms there has been a lock out
  • missed collection - where a customer reports that a container has been presented for collection but is missed by council operatives and provided there is no lock out report
  • occupant - any person who lives at the address who is not the customer
  • personal data - the customer's name, collection address, billing address, mobile and home telephone numbers, email address and payment details
  • service - the garden waste collections service provided by the council whereby the council provides and collects containers which have been filled with garden waste from customers and disposes of the garden waste for customers
  • subscription - the subscription or order made by the customer to receive the service
  • subscription fee - the fee payable by a customer in consideration for the service which is currently £52 per subscription period, per container
  • subscription period - a period of 12 months starting from the date of the first collection of the first container