Terms & Conditions - School visits to Kew Gardens

Submission of a school visit booking request to Kew Gardens indicates agreement with the following terms and conditions.

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Terms and Conditions

These terms and conditions (the "Terms and Conditions") shall cover all bookings using the School Booking Request Form (the "Form") and made between:
(1) the Board of Trustees of the Royal Botanic Gardens, Kew ("Kew"); and
(2) the school/college as set out on the Form (the "School").
Kew is committed to working with schools and teachers to ensure that each school visit to Kew's Gardens at Kew (the "Gardens") achieves its educational objectives and is conducted in a safe and professional manner.
In consideration of a non-returnable administration fee of £80 (the "Administration Fee") for each School group visit and subject to these Terms and Conditions, Kew shall:
• permit the School group access to the Gardens for the purposes of the visit (including access, where applicable, to its education rooms);
• at an additional charge, provide additional activities; and
• provide the School group with a reservation in a schools-only dining facility (any food and beverage charges to be borne by the School), where applicable.

Additional Activities

In addition to providing access to the Gardens, Kew offers additional activities at the following charges (the "Educational Activity Fees"):
• Each forty five minute educational session will be charged at a cost of £25, for each group of up to 15 students.
• Bespoke sessions are costed on an individual basis, as specified in the pro forma invoice and agreed between both parties.

Booking

• The School should complete and submit an online booking request form available from the Kew website. Book a visit online
• Subject to availability, if Kew accepts a provisional booking for a School group to visit on one of the dates and times requested (the "Visit Date"), Kew will send provisional booking documents (including a pro forma invoice) via email. It is the School’s responsibility to review the details of the provisional booking.
• Where provisional booking documents are issued 35 calendar days or more before the visit date;
• Once Kew has sent the provisional booking documents, the School shall pay the Administration Fee and all Education Activity Fees due within 28 calendar days to secure the booking (the "Confirmed Booking"). Upon receipt of payment, Kew will send confirmation documents, including an educational entry pass, via email. The details of the visit provided on the confirmation documents are non-negotiable.
• Where full payment is not received within 28 calendar days of Kew's providing the provisional booking, the provisional booking will be cancelled and the Visit Date will become available to other schools.
• Where provisional booking documents are issued, 34 calendar days or less before the visit date;
• Once Kew has sent the provisional booking documents, the School shall pay the Administration Fee and all Educational Activity Fees due within 4 calendar days to secure the booking (the "Confirmed Booking"). In this instance, only credit card payments (no cheques) will be accepted. Upon receipt of payment, Kew will send confirmation documents, including an educational entry pass, via email. The details of the visit provided on the confirmation documents are non-negotiable.
• Where full payment is not received within 4 calendar days of Kew's providing the provisional booking, the provisional booking will be cancelled and the Visit Date will become available to other schools.

Alteration and Cancellation of Bookings

• To request amendments to bookings, the school must contact Kew via email (schools@kew.org)
• If the School requests Kew to alter the Visit Date more than 28 clear calendar days before the Visit Date, Kew will endeavour to re-schedule on an alternative date (to be supplied by the School and subject to availability) without forfeiture of the Administration Fee or Activities Fee paid. If Kew is unable to re-schedule the visit on an alternative date, Kew will reimburse any Educational Activity Fees paid (but not the Administration Fee).
• If the School cancels its Confirmed Booking more than 28 clear calendar days before the Visit Date, Kew will reimburse any Educational Activity Fees paid (but not the Administration Fee).
• If the School cancels or attempts to alter its Confirmed Booking 28 clear calendar days or less before the Visit Date (or fails to arrive at the Gardens on the Visit Date), the Administration Fee and any Educational Activity Fees will be forfeited.
• If the School cancels or attempts to alter its Provisional Booking 28 clear calendar days or less before the Visit Date (or fails to arrive at the Gardens on the Visit Date), the Administration Fee and any Educational Activity Fees will be remain due as an outstanding payment.
• Kew will endeavour to provide the programme booked with the School however Kew reserves the right to offer an alternative programme (at its sole discretion) where it considers this necessary e.g. where a school group arrives later than the arrival time set out in the Confirmed Booking.
•Kew reserves the right to postpone or cancel a School’s visit should it (at its sole discretion) consider it necessary to do so. Kew shall give the School advance notice of a postponement or cancellation and shall use reasonable endeavours to rearrange the visit to an alternative date suitable for the School. In the event of cancellation, except where this has been caused by circumstances beyond Kew’s control, Kew shall refund the Administration Fee and any Educational Activity Fees paid but shall not be liable for any other costs incurred by the School in connection with the booking or the visit.

Supervision

• The School shall designate a teacher or other qualified adult as the teacher in charge of the booking (the "School Contact") and of the group on the Visit Date (the "Lead Teacher") and shall notify Kew of the name of that person at the time of requesting a booking.
• Should it be necessary to change the "School Contact" or "Lead Teacher" the School shall inform Kew at the earliest opportunity.
•The School shall ensure that a sufficient number of adults (the "Supervising Adults") accompany and supervise students at all times whilst on Kew's premises in order to maintain the following adult-to-student ratio:
SEN - 1:1 ; Reception - 1:2; Key Stage 1 - 1:5; Key Stage 2 - 1:8; Key Stage 3 - 1:10; Key Stage 4/5 - 1:10.
•The School shall ensure that all Supervising Adults are familiar with the programme for the day.
• Students and Supervising Adults remain the sole responsibility of the Lead Teacher and the School at all times during the visit.
• Supervising Adults are admitted free of charge. Additional adults, over and above the adult-to-student ratio will be required to pay the standard entry fee on arrival at the Gardens.

Risk Assessments

• It is the responsibility of the School to carry out a risk assessment for its own students. Kew has produced a downloadable information document ‘Health and Safety on your visit’ to assist schools in preparing their risk assessment document. Risk assessments for Educational Activity Tours and Workshops are carried our regularly, and copies are available on request.
• Kew recommends that the Lead Teacher attends a full familiarisation visit to the Gardens before the Visit Date. A date should be booked at the same time as the Visit Date is booked. A pre visit planning pass will be issued for the Lead Teacher and one accompanying teacher (if required) for the chosen date.

School's Obligations

• The School shall ensure that the Lead Teacher, Supervising Adults and students are aware of and comply with these Terms and Conditions and the "Statutory Regulations (to be observed by persons using the Gardens at Kew)" (the "Garden Regulations") available from Kew.
• The School shall ensure (and shall be responsible to Kew for any failure to ensure) that:
- the Lead Teacher is responsible for and able to administer medication and first aid required by any member of the School group;
- the Lead Teacher and Supervising Adults are aware that:
- the car park and adjacent roads can be busy;
- the site is adjacent to a river and contains areas of deep water;
- CCTV is in use at all times, recorded and monitored by Kew's Constabulary; and
- the Gardens will also be used by members of the public during the School’s visit and due consideration should be given to them at all times;
- the Lead Teacher and Supervising Adults ensure appropriate behaviour by students at all times and make reasonable and careful use of the Gardens; and
- the Lead Teacher, Supervising Adults and students obey instruction signage and follow any specific instructions given by Kew staff, particularly with regards to issues of safety, access and behaviour.
• The School shall remain responsible for any acts or omissions of the Lead Teacher, Supervising Adults and students whilst in the Gardens including, but not limited to, damage to Kew's property.
• In the event that any member of the School group breaches any of the Terms and Conditions, Kew shall be entitled at its sole discretion to refuse the School group access to Kew or to require the School group to vacate the Gardens or part thereof.

Use of the Facilities

• Kew accepts no responsibility for the safekeeping of any items brought into the Gardens. It is the School’s responsibility to ensure that all students collect all personal possessions at the end of the visit.
• There is a strict no smoking policy in all buildings in the Gardens.

Limitation of Liability

• Subject to the following clause, Kew's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of its obligations governed by these Terms and Conditions shall be limited to the Administration Fee and Any Activities Fees paid to Kew by the School in each case.
• Nothing in these Terms and Conditions shall exclude Kew's liability:
- for death or personal injury caused by Kew's negligence; or
- under section 2(3) of the Consumer Protection Act 1987; or
- for fraud or fraudulent misrepresentation; or
- for any matter which it would be illegal for Kew to exclude or attempt to exclude its liability or which would otherwise be unenforceable.
• Kew shall under no circumstances be liable for any indirect, special or consequential loss (including loss of anticipated profit or third party claims) howsoever arising either from breach or non-performance of any of its obligations in relation to these Terms and Conditions, even if Kew has been advised of the possibility of such potential loss.

Miscellaneous

• These Terms and Conditions incorporate the Garden Regulations. In case of any discrepancies between the provisions of the Terms and Conditions and the Garden Regulations, the Garden Regulations shall prevail.
•Kew is not liable for any breaches or delays in the performance of its obligations under these terms and conditions arising from any event outside its control, including (but not limited to) fire, flood, storm, strike, lock out, electrical failure, Act of God, explosion, war, terrorist activity or acts of governmental or parliamentary authority. For the avoidance of doubt, in the event of such circumstances arising Kew will not be liable to refund any amount paid by the School.
•These Terms and Conditions shall not be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to them.
•These Terms and Conditions shall be construed solely in accordance with English law. Any disputes arising from these Conditions shall be subject to the exclusive jurisdiction of the English Courts.