KA107 Mobility in Italy and COVID19 – Use of Force Majeure
To the attention of those Armenian higher education institutions, who have ongoing individual Erasmus+ student mobilities in Italy.
In the context of the measures taken by the Italian Government to restrain the spread of the Coronavirus infection in Italy, please be informed that the following measures shall be considered fully applicable to the actual mobilities in affected areas of Italy where the virus is detected and quarantine announced. There is no need to panic, as quarantine was undertaken to prevent even wider spread of COVID19 epidemic. However, in case your mobility participants are required to return to Armenia, force majeure provisions should be considered and consulted.
Please check provisions for any case of force majeure in the Participant Grant Agreement for students (similar provisions exist for staff as well):
ARTICLE 3 – FINANCIAL SUPPORT
3.6 The financial support or part thereof shall be repaid if the participant does not carry out the mobility activity in compliance with the terms of the agreement [NA to complete with specific recovery rules if needed]. If the participant terminates the agreement before it ends, he/she shall have to refund the amount of the grant already paid, except if agreed differently with the institution. However, when the participant has been prevented from completing his/her mobility activities as described in Annex I due to force majeure, he/she shall be entitled to receive at least the amount of the grant corresponding to the actual duration of the mobility period. Any remaining funds shall have to be refunded, except if agreed differently with the institution. Such cases shall be reported by the institution and accepted by the National Agency.
Annex II – GENERAL CONDITIONS
Article 2: Termination of the agreement
“In case of termination by the participant due to “force majeure”, i.e. an unforeseeable exceptional situation or event beyond the participant’s control and not attributable to error or negligence on his/her part, the participant shall be entitled to receive at least the amount of the grant corresponding to the actual duration of the mobility period. Any remaining funds shall have to be refunded, except if agreed differently with the institution.”
To conclude with, in any case of force majeure, the participant who is prevented from carrying the activity as planned is entitled at least to receive the amount of the grant corresponding to the actual duration of his/her mobility period. Participants should also be reminded of the assistance that can be provided by the Italian host University and Armenian Embassy in Italy.