Terms & Conditions - School visits to Kew Gardens

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Introduction

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 Gardens (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 "Activity Fees"):

• activity tours at a cost of £25 for each group of up to 15 students; and
• combined activity tours and hands-on workshops at a cost of £50 for each group of up to 15 students.

Booking

• The School should complete and submit an online booking request form available from Kew's website. Go to the booking form.
• Subject to availability, if Kew accepts a provisional booking for a school group to visit on one of the dates and arrival times requested (the "Visit Date"), Kew will send provisional booking documents (including an invoice) via email.
• It is the School’s responsibility to review the details of the provisional booking. If amendments are needed, the school must contact Kew via email (schools@kew.org) within fourteen days.
• Once Kew has sent the provisional booking documents, the school shall pay the administration fee and all activity fees due within fourteen days to secure the booking (the "Confirmed Booking").
• Upon receipt of payment, Kew will send confirmation documents, including a group entry pass, via email. The details of the visit provided on the confirmation documents are non-negotiable.
• Where full payment in cleared funds is not received within fourteen 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

• If the School requests Kew to alter the Visit Date more than fourteen 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 Activity Fees paid (but not the Administration Fee).
• If the School cancels its confirmed booking more than fourteen clear calendar days before the visit date, Kew will reimburse any Activity Fees paid (but not the Administration Fee).
• If the School cancels or attempts to alter its confirmed booking less than fourteen clear calendar days before the Visit Date (or fails to arrive at the Gardens on the Visit Date), the Administration Fee and any Activity Fees will be forfeited.
• 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 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 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 and of the group on the Visit Date (the "Designated Teacher") and shall notify Kew of the name of that person at the time of booking.
• Should it be necessary to change the Designated 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 Designated 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 health and safety sheet to assist schools in preparing their risk assessment document. Risk assessments for activity tours and workshops are carried out regularly and copies are available on request.
• Kew recommends that the Designated Teacher attends a full familiarisation and briefing session at the Gardens before the visit date and a date for this session should be booked at the same time as the visit date is booked.
• A free-entry voucher will be issued for the Designated Teacher and one accompanying teacher (if required) for the session on the chosen date.

School's obligations

The School shall ensure that the Designated 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. See the regulations.

The school shall ensure (and shall be responsible to Kew for any failure to ensure) that: 

• the Designated Teacher is responsible for and able to administer medication and first aid required by any member of the school group.

The Designated 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 Designated Teacher and Supervising Adults ensure appropriate behaviour by students at all times and make reasonable and careful use of the Gardens; and
• the Designated 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 designated 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.

September, 2009

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