Upozornění: Text přílohy byl získán strojově a nemusí přesně odpovídat originálu. Zejména u strojově nečitelných smluv, kde jsme použili OCR. originál smlouvy stáhnete odsud
European Solidarity Corps – Template for agreements to be used between partner and participants – 2024
VOLUNTEERING AGREEMENT – EUROPEAN SOLIDARITY CORPS
Project [2024-1-CZ01-ESC51-VTJ-000204310]
ESC 2024 - Multicultural history and the present of the Sudetenland
PREAMBLE
This Agreement (‘the Agreement’) is between the following parties:
1) University of West Bohemia, Czech-German Youth Exchange Coordination Centre
Tandem
Address: Univerzitní 2732/8, 301 00 Plzeň, Czechia
ESC accreditation number: 2021-1-CZ01-ESC50-094564
Bank accounts: Czech crown current account (CZK)
Account number: 48 11 53 0257 / 0100
IBAN: CZ 81 01 0000 0000 48 11 53 0257 / SWIFT: KOMBCZPPXXX
Bank: Komerční banka, a. s., Na Příkopě 33, 11407 Praha 1
Euro current account (EUR)
Account number: 48 45 50 0267 / 0100
IBAN: CZ 04 01 0000 0000 48 45 50 0267 / SWIFT: KOMBCZPPXXX
Bank: Komerční banka, a. s., Na Příkopě 33, 11407 Praha 1
Called hereafter “the supporting organisation”, represented for the purposes of signature of this
agreement by rector Prof. RNDr. Miroslav Lávička, Ph. D.,of the first part, and
2) Sdružení Ackermann-Gemeinde, z. s.
Address: Vyšehradská 320/49, 128 00 Praha 2, Czech Republic
ESC accreditation number: 2021-1-CZ01-ESC50-094585
Bank account: Account number: 2365190002/5500
Bank: Raiffeisenbank, Karlovo náměstí 10, 120 00 Praha 2
Called hereafter “the hosting organisation”, represented for the purposes of signature of this
agreement by of the second part, have agreed the Special Conditions and the
Annex below which form an integral part of this agreement ("the agreement").
3)
Date of birth: Nationality: German
Address:
Phone: E-mail:
Sex: F PNr.
Called hereafter “the participant” or “the volunteer” of the third part.
Insurance identification of the participant – Offer ID: 155294.
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European Solidarity Corps – Template for agreements to be used between partner and participants – 2024
The parties referred to above have agreed to enter into the Agreement, composed of Terms and
Conditions.
TERMS AND CONDITIONS
CHAPTER 1 GENERAL
ARTICLE 1 – SUBJECT OF THE AGREEMENT
This agreement sets out the rights and obligations and terms and conditions applicable to the support awarded for the
implementation of the action ‘Volunteering activity under the European Solidarity Corps Programme’.
ARTICLE 2 — DEFINITIONS
For the purpose of this Agreement, the following definitions apply:
Action - The activity which is being undertaken in the context of this Agreement.
Financial support - The financial support awarded in the context of this Agreement.
Participants - Individuals who are fully involved in a project and who may receive part of the European Union
grant intended to cover their costs of participation.
Fraud - Fraud within the meaning of Article 3 of EU Directive 2017/13711 and Article 1 of the Convention on
the protection of the European Communities’ financial interests, drawn up by the Council Act of 26 July 19952,
as well as any other wrongful or criminal deception intended to result in financial or personal gain.
Irregularities - Any type of breach (regulatory or contractual) which could impact the EU financial interests,
including irregularities within the meaning of Article 1(2) of EU Regulation 2988/953.
CHAPTER 2 ACTION
ARTICLE 3 — ACTION
The support is awarded to the participant for undertaking a volunteering activity taking place at (see page Nr. 1) under
the European Solidarity Corps Programme as described in this article.
Roles and supposed tasks of the volunteer:
- organisation of educational events, educational journeys, international youth meetings, German language
courses in cooperation with member of SAG
- the volunteer can think of an own project to organise
- preparation and arranging thematic contents for educational seminars
- work on content, promotion, administration, realisation and settlement of projects
- taking part in other events of SAG, their preparation, fund-raising, creation of the program, realisation
including PR
- administration of our bilingual website and social media
- presentation of our organisation’s events at information stands
- communication with our members (SAG-members) personally at our events, by phone, email, Skype and
on social media)
- assistance in language courses for Czech-german bilingual children
Expected learning outcomes – possibilities of learning:
project management during the organisation of international youth meetings
intercultural competence by working in an international team, gaining deep knowledge of Central Europe
1 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to
the Union’s financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).
2 OJ C 316, 27.11.1995, p. 48.
3 Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities
financial interests (OJ L 312, 23.12.1995, p. 1).
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European Solidarity Corps – Template for agreements to be used between partner and participants – 2024
the volunteer gains new experiences, skills and knowledge during the work in a NGO with an international
background improvement of communication skills in the mother tongue and in the foreign language thanks
to regular contact to the organisation’s members,
improvement of creativity, introduction of news and responsibility for possible risks,
strengthening of social and civic skills thanks to the organisation’s openness towards different topics
The working time is 35 hours per week on the basis of a regular 5 day week (7 hours per day). Accompanying
language courses and further trainings that are relevant for carrying out the required tasks are considered to
be working time. The volunteer gets 25 vacation days per year. The volunteer takes part in projects that will
in some cases also take place during the weekends. For extra time the volunteer gets compensatory time that
is to be made use of close to when the extra working time occurred.
Accommodation and food: The volunteer will get a single room and a monthly allowance for food.
Language training: The volunteer participates in a language course offered by EU Academy tool.
Local transport: The hosting organisation will pay monthly or longer period Travelcards for public transport.
ARTICLE 4 — DURATION AND STARTING DATE
The agreement shall enter into force on the date when the last of the two parties signs this Agreement.
The activity period shall start on 01.09.2024 4 and end on 31.08. 20255.
CHAPTER 3 GRANT
ARTICLE 5 — FINANCIAL AND NON-FINANCIAL SUPPORT
The participant will receive financial support from EU funds for 365 days in the form of pocket money. The total amount
of pocket money for the activity period will be determined by multiplying the number of days of the activity with the rate
applicable per day for the host country concerned, including one travel day before the activity and one travel day following
the activity, and up to four additional days for participants receiving a green travel financial support.
The organisation may provide financial support for travel expenses and other eligible exceptional costs in line with the
European Solidarity Corps Programme Guide.
Where applicable, the organisation may provide non-financial support for travel, inclusion, mentorship, language
learning.
Payments will be made in accordance with an exchange rate – see the link in this chapter below.
The participant will receive from the hosting organisation a pocket money of 7 EUR per day in CZK.
The participant will receive from the hosting organisation a food allowance of 4500 CZK per month.
The participant will receive from the hosting organisation an allowance for travel cost of 211 EUR (or 285 in
case of green travel means of transport – only with a valid ticket).
The participant will receive from the hosting organisation suitable accommodation.
The hosting organisation will pay monthly or longer period Travelcards for public transport.
The hosting organisation may provide for the participant a Czech language training course.
The supporting organisation will receive once 238 EUR project management grant and 700,80 € for whole
duration of project 2024, in total 938,80 €. Costs directly linked to the implementation of volunteering
activities (e.g. preparation, monitoring and support of participants, validation of learning outcomes) and costs
linked to the subsistence of participants.
The hosting organisation receive activity costs in total of 8059,20 EUR for 365 days, 7 EUR per day pocket
money (total of 2555 EUR for 365 days) and 211 EUR travel cost, total of 10 825,20 EUR for whole duration
of project. Payment for young people with fewer opportunities is not included.
4 The start date of the activity shall be the first day that the participant needs to be present at the host organisation.
5 The end date shall be the last day the participant needs to be present at the host organisation.
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Payments related to the increased mentoring (8 €/day) and the preparatory visit (609 €) of the volunteer before
to the start of the volunteering service will be paid when the asked documents are received and as part of the
final billing.
In the case of incomplete months, the financial support is calculated by multiplying the number of days in the
incomplete month with 1/x of the unit cost per month, where “x” is the number of all days in the incomplete
month.
The supporting organisation will pay a pre-financing payment of 80 % of the amount (activity costs + pocket
money) at the beginning of the mobility to the hosting organisation. The final calculation of the activity 2024
and remaining payment shall be paid to the hosting organisation after the successful completion of the mobility
and handing over all of the final reports and other documents, unless the supporting organisation states
otherwise.
The payment to the hosting organisation will be made in CZK in accordance rules below.
The conversion will be made at the daily exchange rate established by the European Commission and
published on
https://www.ecb.europa.eu/stats/policy_and_exchange_rates/euro_reference_exchange_rates/html/index.en.ht
ml
applicable on the day when the grant agreement between the national agency and the supporting organisation is
signed by the last of the parties.
The financial support may not be used to cover similar costs already funded by EU funds.
The reimbursement of costs incurred in connection with special needs, when applicable, shall be based on the
documentation such as invoices, receipts, etc. provided by the participant
ARTICLE 6 — ELIGIBLE AND INELIGIBLE COSTS
The eligibility conditions are the following:
a) they must be incurred in connection with and necessary for the implementation of the action in Article 3 and
during the period set out in Article 4
b) they must comply with the applicable national law on taxes, labour and social security and
c) the reimbursement of actual costs incurred in connection with special needs must be based on documentation
such as invoices, receipts, etc.; these costs must be identifiable and verifiable
d) they must not be used to cover similar costs already funded by European Union funds.
CHAPTER 4 AGREEMENT IMPLEMENTATION
ARTICLE 7 — THE RESPONSIBILITIES OF THE PARTICIPANT AND OF THE
ORGANISATION
7.1 Responsibilities for the participant - volunteer
The participant is fully responsible towards the organisation for implementing the action described in Article 3 and in
compliance with the provisions of the Agreement and all legal obligations under applicable EU, international and national
law.
The participant must implement the Agreement to their best abilities and in good faith.
The participant must not undertake during the period indicated in Article 4 any European Solidarity Corps volunteering
activity, EVS or Erasmus+ volunteering activity that would make their participation ineligible (in line with the exceptions
indicated in the European Solidarity Corps Guide).
The participant has the obligation of obtaining the European Health Insurance Card, if free of charge, before arriving to
the host country.
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In the eventuality of a check, review, audit in Article 13, the participant must cooperate diligently and provide — within
the deadline requested — any information to verify compliance with the Agreement.
The participant will be familiar with the contents of the European Solidarity Corps Info Kit at the start of the activity.
If invited, the participant will participate to pre-departure training, on-arrival and mid-term evaluation and the annual
event.
The participant will follow the online language training in [CZECH] in order to prepare for the activity abroad. The
participant will immediately inform the organisation if he/she is unable to carry out the online language course.
If a participant breaches any of its obligations under this Agreement, the financial support may be suspended or terminated
(see Chapter 5).
7.2 Responsibilities for the organisation
The hosting organisation will ensure safe and decent living and volunteering conditions for the participant.
The hosting organisation will ensure adequate support to the participant for learning and development, in line with the
quality standards outlined in the European Solidarity Corps Programme Guide.
The support organisation will send to the participant the European Solidarity Corps Info Kit before the start of the activity.
The hosting organisation must make sure that the participant has received the appropriate clearance to work with
vulnerable groups.
The hosting organisation must make sure that the participant is insured, either through the national health system or
through a private insurance scheme, for accidents and illness. The organisation must make sure that the participant is
insured for third party liability.
The support organisation must make sure that the participant is registered for the European Solidarity Corps insurance
scheme.
The support organisation must duly inform the participant of how the insurance scheme functions, as well as the obligation
of obtaining the European Health Insurance Card, if free of charge, before arriving to the host country.
The supporting organisation
- has the overall responsibility for the administrative management of the project, formulation and submission
of grant application, volunteering agreement and the final report
- will ensure adequate preparation for the participant before departure
- keeps in contact with the volunteer and with the hosting organisation during the project
The hosting organisation
is obligated to comply with the European Solidarity Corps Guide including but not limited to the basic
principles such as equal opportunities for everybody, non-discrimination, democracy, social inclusion, support
of mentors, provision of high-quality activities with learning dimension focusing on personal, socio-
educational and professional development, adequate training, working and volunteering arrangements, safe
and decent environment and conditions, and, the 'no-profit principle' in compliance with the Regulation
2018/1046.
- acknowledges that the grant under the European Solidarity Corps Programme is of no-profit and co-financing
nature in accordance with the European Solidarity Corps Guide
- is responsible for the recruitment and selection process
- is responsible for providing an activity plan and identifying clear learning opportunities for the volunteer
- is responsible for providing safe working and living conditions
- will cooperate with other partners in the application process; ensure midterm and final evaluation in
cooperation with the volunteer and supporting organisation, practical arrangements in regard to the
volunteer's stay during the project such as lodging, board, registration of the volunteer according to national
laws
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European Solidarity Corps – Template for agreements to be used between partner and participants – 2024
- will inform the volunteer about his/her rights and duties and help the volunteer in contact with the National
Agency regarding trainings
- will monthly pay out the volunteer’s pocket money and the allowance for food
- will pay language training and local transport
- provides suitable accommodation
- takes over the travel costs to the on-arrival and mid-term training
- provides personal support and support during the learning process, identifies a mentor who is responsible for
providing personal support
- supports the volunteer in the integration in the local community
With the exception of native speakers, the organisation may make available for the participant two online assessments of
linguistic competences: one before the activity and one at the end of the activity.
ARTICLE 8 — ETHICS AND VALUES
The action must be carried out in line with the highest ethical standards and the applicable EU, international and national
law on ethical principles.
The participant must commit to and ensure the respect of basic EU values (such as respect for human dignity, freedom,
democracy, equality, the rule of law and human rights, including the rights of minorities).
If a participant breaches any of its obligations under this Article, the financial support may not be paid (see Chapter 5).
ARTICLE 9 — DATA PROTECTION
Any personal data under the Agreement will be processed under the responsibility of the data controller identified in the
privacy statement in accordance with the applicable data protection legislation, in particular Regulation 2018/17256 and
related national data protection acts and for the purposes set out in the Privacy Statement available at
https://ec.europa.eu/erasmus-esc-personal-data.
Such data will be processed solely in connection with the implementation and follow-up of the Agreement by the
organisation, the National Agency and the European Commission, without prejudice to the possibility of passing the data
to the bodies responsible for inspection and audit in accordance with EU legislation (Court of Auditors or European
Antifraud Office (OLAF)).
The participant may, on written request, gain access to his personal data and correct any information that is inaccurate or
incomplete. He/she should address any questions regarding the processing of his/her personal data to the organisation
and/or the National Agency7. The participant may lodge a complaint against the processing of his personal data to the
European Data Protection Supervisor with regard to the use of the data by the European Commission.
ARTICLE 10 — RECORD-KEEPING
The participant must keep supporting documents for the duration of the activity to prove the proper implementation of
the activity.
The records and supporting documents must be made available upon request or in the context of checks, reviews, audits
or investigations (see Article 13).
If there are on-going checks, reviews, audits, investigations, litigation or other pursuits of claims under the Agreement,
the participant must keep these records and other supporting documentation until the end of these procedures.
6 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard
to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing
Regulation (EC) No 45/2001 and Decision No 1247/2002/EC.
7 https://youth.europa.eu/solidarity/organisations/contact-national-agencies_en
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European Solidarity Corps – Template for agreements to be used between partner and participants – 2024
The participant must keep the original documents. Digital and digitalised documents are considered originals if they are
authorised by the applicable national law. The organisation may accept non-original documents if they offer a comparable
level of assurance.
ARTICLE 11 — PARTICIPANT REPORTING
The participant will complete in [CZECH or ENGLISCH] the participant report at the latest 30 days after the end of the
activity period via an on-line questionnaire providing their feedback on factual and qualitative elements of the activity
period, as well as of its preparation and follow-up.
If the participant did not submit the report the organisation will not emit the certificate of participation.
ARTICLE 12 — PAYMENTS AND PAYMENT ARRANGEMENTS
The details are given in Chapter 5.
ARTICLE 13 — CHECKS, REVIEWS, AUDITS AND INVESTIGATIONS
The participant undertakes to cooperate diligently and provide any information requested by the European Commission,
the National Agency of [the Czech Republic], the organisation or by any other outside body authorised by the European
Commission or the National Agency of [the Czech Republic] to check that the project and the provisions of the Agreement
are being/ have been properly implemented.
If requested by these bodies, the participant must provide full, accurate and complete information in the format and by
the deadline requested.
Any findings related to the agreement may lead to a request for refund, a withholding of payments or further legal action
in the terms of the applicable national law.
CHAPTER 5 CONSEQUENCES OF NON-COMPLIANCE
ARTICLE 14 — AGREEMENT SUSPENSION
The agreement may be suspended by initiative of the participant or of the organisation if exceptional circumstances — in
particular force majeure (see Article 17) — make implementation impossible or excessively difficult. The agreement may
be suspended always with the agreement of the other party and at the date convened by both following an amendment
and it may be resumed afterwards.
The suspension will take effect on the day agreed by the parties.
The organisation may — at any moment — suspend the agreement, if the participant has committed or is suspected of
having committed:
a) substantial errors, irregularities or fraud or
b) serious breach of obligations under this Agreement or during its award (including improper implementation
of the action, submission of false information, failure to provide required information, breach of ethics rules
(if applicable), etc.).
The suspension will take effect the day after the notification is sent.
Once circumstances allow for implementation to resume, the parties must immediately agree on the resumption date (one
day after suspension end date). The suspension will be lifted with effect from the suspension end date.
During the suspension, no financial support will be paid to the participant.
The participant may not claim damages due to suspension by the organisation.
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European Solidarity Corps – Template for agreements to be used between partner and participants – 2024
If the participant believes the payment is being unduly withheld, the participant may expose the situation to the competent
National Agency, after trying to obtain clarification from the organisation and/or when the dispute cannot be solved
amicably.
Financial support suspension does not affect the organisation’s right to terminate the financial support (see Article 15).
ARTICLE 15 — ORGANISATION OR PARTICIPANT TERMINATION
The agreement may be terminated by the participant or the organisation if exceptional circumstances — in particular force
majeure (see Article 17) — make implementation impossible or excessively difficult.
In case of termination due to force majeure, the participant will be entitled to receive at least the amount of the financial
support corresponding to the actual duration of the activity period. Any remaining funds will have to be refunded.
In the event of serious breach of obligations outlined in this Agreement the parties are entitled to terminate the agreement
by formally notifying the other party.
The organisation may terminate the agreement, if the participant has committed substantial errors, irregularities, fraud,
corruption, or is involved in a criminal organisation, money laundering, terrorism-related crimes (including terrorism
financing), child labour or human trafficking.
If the participant terminates the agreement before the activity ends they will have to refund the amount of the financial
support paid to them in advance for non-active days.
The organisation reserves the right to initiate a court action if any requested refund is not voluntarily issued within the
deadline notified to the participant by registered letter.
The termination will take effect the day after the confirmation notification is sent (or on a later date specified in the
notification; ‘termination date’).
The participant may not claim damages due to termination by the organisation.
After termination, the participant’s obligations (in particular 11 (reporting), 13 (checks, reviews, audits and investigations)
continue to apply.
ARTICLE 16 — DAMAGES
Each party of this agreement exonerates the other from any civil liability for damages suffered by them or their staff as a
result of performance of this Agreement, provided such damages are not the result of serious and deliberate misconduct
on the part of the other party or their staff.
The National Agency of [Czech Republic], the European Commission or their staff cannot be held liable in the event of
a claim under the Agreement relating to any damage caused during the execution of the activity. Consequently, the
National Agency of [the Czech Republic] or the European Commission will not entertain any request for indemnity of
reimbursement accompanying such claim.
ARTICLE 17 — FORCE MAJEURE
A party prevented by force majeure from fulfilling its obligations under the Agreement cannot be considered in breach of
them.
‘Force majeure’ means any situation or event that:
- prevents either party from fulfilling their obligations under the Agreement,
- was unforeseeable, exceptional situation and beyond the parties’ control,
- was not due to error or negligence on their part (or on the part of other participating entities involved in the
action), and
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European Solidarity Corps – Template for agreements to be used between partner and participants – 2024
- proves to be inevitable in spite of exercising all due diligence.
Any situation constituting force majeure must be formally notified to the other party without delay, stating the nature,
likely duration and foreseeable effects.
The parties must immediately take all the necessary steps to limit any damage due to force majeure and do their best to
resume implementation of the action as soon as possible.
CHAPTER 6 FINAL PROVISIONS
ARTICLE 18 — COMMUNICATION BETWEEN THE PARTIES
18.1 Forms and means of communication
Communication under the Agreement (information, requests, etc.) must be made in writing, unless otherwise indicated in
the agreement.
Formal notifications must be made by registered post with proof of delivery (‘formal notification on paper’).
However, formal notifications may be sent electronically if the applicable national law in the Member State concerned
allows it, notably with proof of delivery.
18.2 Date of communication
Communications are considered to have been made when they are sent by the sending party (i.e. on the date and time they
are sent).
Formal notifications on paper sent by registered post with proof of delivery are considered to have been made on either:
- the delivery date registered by the postal service or
- the deadline for collection at the post office.
18.3 Useful communication information
The National Agency for this project is:
Dům zahraniční spolupráce
příspěvková organizace
IČ: 61386839
Na Poříčí 1035/4, 110 00 Praha 1
info@dzs.cz
Communications to the National Agency have to be made at the address above.
ARTICLE 19 — AMENDMENTS
The Agreement may be amended, unless the amendment entails substantial changes to the Agreement, case in which a
new Agreement has to be signed.
Amendments may be requested by any of the parties.
Any amendment to the agreement shall be done in writing in due time.
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European Solidarity Corps – Template for agreements to be used between partner and participants – 2024
An amendment enters into force on the day of the signature of the receiving party.
An amendment takes effect on the date of entry into force or other date specified in the amendment.
ARTICLE 20 — APPLICABLE LAW AND SETTLEMENT OF DISPUTES
The Agreement is governed by the national law of [Czech Republic]. The competent court determined in accordance with
the applicable national law shall have sole jurisdiction to hear any dispute between the organisation and the participant
concerning the interpretation, application or validity of this Agreement, if such dispute cannot be settled amicably.
ARTICLE 21 — ENTRY INTO FORCE
The Agreement will enter into force on the day of signature by the last party.
SIGNATURES For the hosting organisation
For the supporting organisation ______________________________
Prof. RNDr. Miroslav Lávička, Ph. D date, place, signature
______________________________
date, place, signature
For the participant
Sabia Charlotte Wunderlich
______________________________
date, place, signature
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