These terms and conditions (the “Terms”) form part of the cooperation agreement (the “Agreement”) between the Local Organization and Active Volunteers Abroad (“AVA”).

The Parties agree that the Agreement and the Terms constitute the entire agreement and understanding between the Parties in respect of the subject matter hereof and supersede any previous agreement between the Parties relating to the subject matter hereof.

The Terms apply unless they have been explicitly derogated from in writing.

A registration form for each participant will be made by AVA and sent by e-mail. Other documents, such as CV, examination certificates or similar, may be forwarded upon request from the Local Organization.

The Local Organization shall provide AVA with its acceptance of the enrollment application within 7 calendar days from its receipt of the registration form, unless otherwise specifically stated in the Agreement.

To accept the enrollment, the Local Organization forwards a confirmation notice by e-mail that contains information regarding the accommodation and project provided for the participant. The Local Organization also confirms the arrival and departure dates of the participants.

All information to the participants (before arrival) regarding their stay with the Local Organization must be sent to AVA. The Local Organization is not entitled to communicate directly with the participants prior to their arrival. AVA will provide the participants with all necessary information before departure.

AVA will inform the Local Organization of the flight details of each participant at least 2 weeks prior to their arrival.

The accommodation, meals, airport pick-up and other services provided by the Local Organization during the stay of the participant are specified in the Agreement.

The accommodation must be carefully selected by the Local Organization and continuously monitored in order to ensure a pleasant and safe stay for all the participants.

AVA will inform the Local Organization of any defaults or grievances reported by the participants. Failure to provide the services specified in the Agreement constitutes a material breach of the Agreement.

The Local Organization is only allowed to make changes to project descriptions, where enrollments have already been accepted, if the changes are unavoidable. The Local Organization shall provide AVA with an updated project description within 7 calendar days from the date of the adoption of the changes.

AVA will inform the participants assigned to the project about the changes without undue delay.

If the participants do not accept the changes, the enrollment is cancelled. AVA will inform the Local Organization of the cancellation in writing. The Local Organization must refund all payments received concerning the cancelled enrollment within 14 calendar days from the receipt of the cancellation notice from AVA.

If the Local Organization is forced to cancel a project where enrollments have already been accepted, the Local Organization is obliged to recommend another similar project to the enrolled participant. The Local Organization shall provide AVA with a description of the recommended similar project within 3 calendar days from the date of the cancellation.

AVA will, without undue delay, inform the participants assigned to the cancelled project about the cancellation and about the description of the similar project recommended by the Local Organization. If the participants do not accept the proposed similar project, the enrollment is cancelled. The Local Organization must refund all payments received concerning the cancelled enrollment within 14 calendar days from the receipt of the cancellation notice from AVA.

A participant may cancel its enrollment with the Local Organization for up to one day before the arrival date.

AVA will inform the Local Organization of any cancellations from the participants in writing. The Local Organization is not entitled to receive any payment if a participant cancels its enrollment. If the payment for the participant has already been transferred, the payment received shall be considered as a donation to the Local Organization.

AVA is allowed to use any material on the Local Organization’s website, Facebook fan page, Instagram profile or other online media profiles for its own marketing purposes, including but not limited to project descriptions, information about the Local Organization, recommendations and pictures.

A Party is not liable for any indirect or consequential damages suffered by the other Party, including lost profits or revenues, operating loss, or loss of goodwill.

The Local Organization acknowledges that all participants are responsible for their own actions. AVA will require all participants to take out an insurance policy that covers any damages regarding accidents, personal injury and/or damage of objects. AVA cannot be held liable for any direct or indirect damages caused by the participants.

Each Party’s aggregate liability in respect of any matters arising out of or in connection with the Agreement shall be limited to an amount corresponding to 100% of the payments made under the Agreement for a period of 12 months prior to the event(s) having given rise to the claim.

Either Party shall be excused from any delay or failure in performance if caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of war, mobilization, viruses, cyber-attacks, fire, strikes, lock-outs or other serious labor disputes, riots, damages to production plants, import and export regulations, earthquakes, floods, explosions or other acts of nature or natural disasters, and other unforeseeable circumstances beyond the control of the Party concerned.

If a force majeure event causes the cancellation of enrollments that have already been accepted, the Local Organization must refund all payments received concerning the cancelled enrollments within 14 calendar days from the receipt of the cancellation notice from AVA.

The Agreement is effective from the date of the Local Organization’s signing of the Agreement. The Agreement is a non-fixed term Agreement which means that the Agreement continues until it is terminated by one of the Parties.

The Agreement may be terminated for convenience by either Party with 12 months’ prior written notice.

Each Party shall be entitled to immediately terminate the Agreement for cause if:

1. The other party commits a material breach of the Agreement, and such material breach has not been remedied within 60 days of receipt of a written notice from the non-breaching Party to do so; or
2. The other Party commits a material breach of the Agreement, which is not capable of remedy.

The prices are specified in the Agreement. All changes must be notified in writing to AVA with at least 3 months’ notice. Changes to the prices do not affect the enrollments that have already been accepted by the Local Organization.

All payments are made to the bank account specified in the Agreement. All payments are due 2 weeks prior to the arrival date of the participant. Unless otherwise agreed, each Party will bear its own costs in connection with the payments made under the Agreement.

Each Party is responsible for its own compliance with all applicable laws and regulations concerning registration, reports and payments of taxes and VAT.

The Local Organization is only allowed to receive Danish participants from AVA. The Local Organization is committed to working exclusively with AVA.

The Local Organization and AVA have agreed that their partnership with MS/Global Contact and Exis can continue. However, the Local Organization is not allowed to start any new Danish partnerships or cooperation.

Partnerships and/or cooperation with other Danish entities regarding enrollment of participants is not allowed. This includes Danish charity organizations, business enterprises, travel agencies and similar organizations.

This Clause 13 shall apply, unless otherwise agreed in writing between the Parties.

Each Party shall observe complete confidentiality regarding any information and documentation about the other Party in every respect as obtained in relation to the Agreement. This clause shall apply regardless of the termination of the Agreement for any reason.

Changes to the Agreement or the Terms shall be made in writing and are subject to agreement by the Parties.

The Parties may only assign rights and obligations within this Agreement to a third party with the other Party’s prior written approval.

This Agreement shall be governed by and construed in accordance with the laws of the United States of America, without regard to any choice of law or conflict of law provisions.

The venue for any disputes arising out of or relating to the Agreement is the home court of the United States of America.