11.1 Force Majeure and Funding
Force majeure allows a party to suspend or terminate the performance of its obligations when
certain circumstances beyond their control arise. The Department is under no obligation to fund
‘force majeure’ days and does so at its own discretion.
11.2 Force Majeure Clause
“If and to the extent that either party (the “Affected Party”) is hindered or prevented by
circumstances not within its reasonable ability to control, including but not limited to, acts of
God, inclement weather, flood, lightning, fire, acts or omissions of third parties for whom the
Affected Party is not responsible (“Force Majeure”) from performing any of its obligations under
this Agreement, the Affected Party shall be relieved of liability for failure to perform such
obligations.”
Ref: ECCE Funding Agreement 2023-2024, Clause 11.1
11.3 Force Majeure Claim Process
Approved providers should formally claim force majeure with the Scheme Administrator no later
than 5 days after the incident, even if the incident is ongoing, giving a brief outline of the issue
and their estimated number of days’ closure.
Applications will not be accepted after this timeframe.
If further evidence is required, the approved provider will be notified within 10 working days of
the application being submitted. Approved providers will have a maximum of 10 working days to
provide all the required documentation requested by the Scheme Administrator.
In the event force majeure continues for more than 45 days, either party shall have the right to
terminate this agreement on written notice to the other party thereafter.
Force majeure cannot be paid in conjunction with any insurance or any other compensation
received by the approved provider from a third party for the same purpose.
To raise a service request on the EY HIVE:
- Programme Type “User Account Management;”
- Category “Force Majeure;”
- Select the relevant subcategory.
The application form must be completed in full and contain all necessary information, including
any relevant evidence attached.
If for any reason a service is unable to access their EY HIVE account in order to apply for force
majeure, EYPC can be contacted by phone and requested to raise a case with the Data
Management team on the approved provider’s behalf. EYPC can be contacted Monday to Friday,
9am to 5pm (10am to 5pm on Wednesday) at 01 511 7222.
