Are garden waste terms and conditions a consumer contact?

Miles86

Just looking at the renewal of my garden waste collection and a few of the terms seem a bit questionable. Obviously on some level my decision or otherwise to renew is whether I agree or don't to be subject to them, but some of them go so far as for me to start to question whether they represent unfair terms in consumer contracts?

https://www.northyorks.gov.uk/bins-recycling-and-waste/garden-waste-collection-service/garden-waste-service-terms-and-conditions

13.    Missed collections should be reported to the council within 48 hours. You can report a missed collection online or by calling 0300 131 2 131. Should collections be missed due to circumstances beyond the council’s control, every effort will be made to re-schedule the collection. No refunds or part refunds will be issued for missed collections.
(they don't collect for *whatever* reason and thats the consumers problem?)

14.    If there is evidence of misuse (contamination) of the service or the garden waste wheelie bin by you or any resident or visitor to your household, the service may be cancelled, and the bin removed.
(so I put the bin out in the street and a passing drunk throws their kebab into the bin and thats my problem?)

15.    The council reserves the right to alter collections if required. During periods of severe weather, the council reserves the right to suspend collections. Notice of this will be posted on our website. No refunds or part refunds will be given in these circumstances.
(the unilaterally declare there is severe weather and thats that? Presumably they'll cancel in Wetherby if there is an ice forecast in Whitby and thats the end of it?)

16.    The council reserves the right to vary the charge and service on an annual basis. If your collection day changes, you will receive prior notification of this.
(we can change the service at some unspecified annual date and thats just tough?)

28.    The council reserves the right to end these terms and conditions at any time and for whatever reason by giving you one month's notice of termination. 
(if we just don't fancy continuing the service next month, then thats just tough luck)

Am I on to something here or should I just suck it up and decide whether to renew or not based on what they are offering?

jackieblack

All fairly standard
Do you have good reason to believe any of your scenarios might happen? Have any of them happened in the time you’ve already had the service? 

Suck it up or cancel, the council aren’t going to care or change their t&c

DullGreyGuy

Miles86 said:

14.    If there is evidence of misuse (contamination) of the service or the garden waste wheelie bin by you or any resident or visitor to your household, the service may be cancelled, and the bin removed.
(so I put the bin out in the street and a passing drunk throws their kebab into the bin and thats my problem?)

Is the passing drunk you, a resident of your home or someone visiting you? If not then it's their problem not yours. If you are the passing drunk throwing your kebab in the garden waste bin then it is your problem, possibly on more than one level. 

Ours won't collect until the contamination is removed, irrespective of who put it in there

Miles86 said:
15.    The council reserves the right to alter collections if required. During periods of severe weather, the council reserves the right to suspend collections. Notice of this will be posted on our website. No refunds or part refunds will be given in these circumstances.

(the unilaterally declare there is severe weather and thats that? Presumably they'll cancel in Wetherby if there is an ice forecast in Whitby and thats the end of it?)

It's not a defined term so the severe weather would need to pass a reasonable plain English definition. I doubt a single trucks route covers both towns so unlikely. 

Have no special terms for garden waste but its caught up in the general terms of refuse collection.

Miles86 said:

16.    The council reserves the right to vary the charge and service on an annual basis. If your collection day changes, you will receive prior notification of this.
(we can change the service at some unspecified annual date and thats just tough?)

28.    The council reserves the right to end these terms and conditions at any time and for whatever reason by giving you one month's notice of termination. 
(if we just don't fancy continuing the service next month, then thats just tough luck)

Am I on to something here or should I just suck it up and decide whether to renew or not based on what they are offering?

How do you currently pay for it? An annual one off fee? So at some point in the year they may increase the cost but it won't impact you until your renewal date. They are limited to 1 change per year so if you renew in January you won't see an increase in Feb and a second in Nov both impacting your next January 

One months notice doesn't seem unreasonable and you'd assume you'd get a partial refund given

Id argue our terms are worse, we are charged £84 for the year which runs Apr-Mar for hiring a bin and weekly collections Doesn't matter when you join or leave the year you still pay the full £84 unless its in the last 4 months of the year in which case you simply can't sign up. Alternatively you can pay £40 for 20 sacks and call to have a special collection when required (at their convenience)

-taff

How convenient is it for you to use? If you can't take your own waste to the tip or compost it or find someone who needs it, then yes, you suck it up and pay.

I don't see the point in getting upset at terms and conditions, they've told you what they are, if you don't like it, don't sign up.

twopenny

It's a bit of a minefield because it's often essential to people so no choice.

Got to say when I had a missed collection they did come back and get it at the end of the shift.

Altering conditions after purchase is the norm for most stuff now. I don't think it's right but we are so far removed from suppliers now it's hard to rebel.

We get 11 months or sometimes 10. They decide that they won't collect over January or whatever. That used to rile me when we used to get mild winters.

Farway

twopenny said:

It's a bit of a minefield because it's often essential to people so no choice.

Got to say when I had a missed collection they did come back and get it at the end of the shift.

Altering conditions after purchase is the norm for most stuff now. I don't think it's right but we are so far removed from suppliers now it's hard to rebel.

We get 11 months or sometimes 10. They decide that they won't collect over January or whatever. That used to rile me when we used to get mild winters.

Unfortunately, due to health, I fall into the No Choice category, so just have to suck it up for £120 per year!

Likewise, no Christmas period collections regardless of weather

Missed collection is tough luck, online form without human contact.

None of which is ideal, but there is a waiting list to join so it really is Beggars & Choosers

My local councils are being reorganised / merged etc next year, so goodness know what will happen later

twopenny

Reminded me that back in the past I did ring in to 'complain' that we didn't get the full 12mts and was told that the whole thing wasn't financially viable and I was darn lucky it was still going.

sheramber

We only get garden waste collected March to November.