General Terms and Conditions and Tariffs for the port 2020 North Sea Port Netherlands N.V.
General Terms and Conditions and Tariffs for the use of the ports of Terneuzen and Vlissingen 2020: "the General Terms and Conditions".
Preface
The following General Terms and Conditions and Tariffs for the use of the ports of Terneuzen and Vlissingen, hereafter: "The General Terms and Conditions", of the limited liability company North Sea Port Netherlands (registered at the Chamber of Commerce under number 50987496), hereafter: "North Sea Port Netherlands", apply as per 1 January 2020. These General Terms and Conditions apply to the use of the ports of Terneuzen and Vlissingen in the largest sense of the word. This includes, among other things, the use of the infrastructure, the waterways and North Sea Port's services.
The tariffs are determined according to the geographical location of the Terneuzen locks complex:
In front of the locks - this refers to all ports located in the port area of North Sea Port Netherlands which have an open connection to the Western Scheldt (Buitenport Vlissingen, Vlissingen-Oost, Braakman port Terneuzen).
Behind the locks - this refers to all ports located in the port area of North Sea Port Netherlands, south of the Terneuzen lock complex and located in or along the Ghent-Terneuzen Canal.
All amounts mentioned in the tariffs overview are in Euros and exclusive of VAT. Subject to printing errors and amendments.
The General Terms and Conditions are established each year and include the amount that is due for a specific use or service of the ports in accordance with the tariff overview.
These conditions are published on the website (https://www.northseaport.com) and filed with the Chamber of Commerce.
Public Port Regulations In addition to the General Terms and Conditions, the Port Regulations North Sea Port Netherlands 2019 in force and related public law regulations apply to the use of the ports. You can also find these on our website.
Harbour Master Public duties (such as nautical maritime duties and maintaining order and safety in the port) are performed by the Harbour Master of the North Sea Port, who has been designated and authorized for this purpose by the competent authority of the municipalities.
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Table of contents
Tariffs ...... 5 Explanation of the tariff tables for maritime shipping ...... 5 Table 1 Harbour dues for maritime tramp vessels ...... 6 Table 2 Harbour dues for scheduled maritime services ...... 7 Table 3 Discount scheme maritime tramp vessels ...... 8 Table 4 Other tariffs sea vessels 2020 ...... 9 Table 5 Exceptional tariffs and surcharges maritime tramp vessels ...... 10 Table 6 Port reception facilities maritime tramp vessels ...... 11 Table 7 Harbour dues for inland navigation ...... 12 Table 8 Inland shipping subscriptions ...... 13 Table 9 User fees ...... 14 Table 10 North Sea Port tariffs for services relating to damage, incidents and / or obstruction .. 16
Additional services ...... 17 Drinking water ...... 18 All other services ...... 18
General Terms and Conditions of North Sea Port Netherlands ...... 19
Chapter 1 General provisions ...... 20 Article 1 Definitions ...... 20 Article 2 Area of application ...... 26 Article 3 Scope of General Terms and Conditions and amendment ...... 26 Article 4 Establishment of agreement ...... 26
Chapter 2 Use of the port area ...... 27 Article 5 General ...... 27 Article 6 Non-compliance by the user ...... 27
Chapter 3 Maritime and inland navigation harbour dues ...... 29 Article 7 Start of port area usage and harbour dues ...... 29 Article 8 Changes in harbour dues ...... 29 Article 9 Chargeability of maritime harbour dues ...... 29 Article 10 Implementation of harbour dues for seagoing vessels ...... 29 Article 11 Reporting and registration of seagoing vessels ...... 30 Article 12 Checking absence of, or incorrect, registration and/or submission ...... 30 Article 13 Duration of stay: seagoing vessels ...... 30 Article 14 Discount scheme for seagoing vessels ...... 31 Article 15 Discount scheme for seagoing vessels in scheduled service ...... 31 Article 16 Exemptions for seagoing vessels ...... 31 Article 17 Liability to pay inland harbour dues ...... 32 Article 18 Implementation of harbour dues for inland waterway vessels ...... 32 Article 19 Registration and Reporting of inland navigation vessels ...... 32 Article 20 Duration of stay: inland vessels ...... 33 Article 21 Exemptions for inland vessels...... 33
Chapter 4 Port reception facilities ...... 35 Article 22 Nature of the contribution ...... 35 Article 23 Principles, harbour dues and discharge rights ...... 35 Article 24 Exemptions...... 35
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Chapter 5 User rights ...... 36 Article 25 (Nature of) user rights ...... 36 Article 26 Entitlement of North Sea Port with regard to immovable property ...... 38 Article 27 Establishment and duration of user fee ...... 38 Article 28 Fee for the right of use (user fee) ...... 38 Article 29 Exemptions...... 39
Chapter 6 Additional provisions ...... 40 Article 30 Notifications ...... 40 Article 31 Domicile ...... 40 Article 32 Joint and several liability ...... 40 Article 33 Indivisibility of obligations / no offsetting ...... 40 Article 34 Guarantee ...... 40 Article 35 Invoicing and payment ...... 41 Article 36 Turnover tax (VAT) ...... 42 Article 37 Refunds ...... 42 Article 38 Liability ...... 42 Article 39 Force majeure ...... 43 Article 40 Suspension and dissolution of the agreement ...... 43 Article 41 Provision of sanctions ...... 44 Article 42 Privacy and data registration ...... 44 Article 43 Transfer of rights and obligations ...... 45 Article 44 Applicable law, complaints and disputes ...... 45 Article 45 Non-applicability of provisions and unreasonably onerous provisions ...... 45 Article 46 Headings ...... 45 Article 47 Interim provisions ...... 45 Article 48 Official title ...... 45
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Tariffs
Explanation of the tariff tables for maritime shipping This is a brief explanation of tariff tables 1 - 6, which relate to maritime shipping.
There is a distinction between the areas ‘North Sea Port Netherlands – in front of the locks’ and ‘North Sea Port Netherlands – behind the locks’.
The maritime harbour dues are calculated either according to the tariffs in column A or to the combined tariff in column B. If, for the transhipment of cargo, the combined tariff in column B turns out to be lower, then the tariff in column B applies.
There is a separate tariff for container ships (1.2 and 2.2). This tariff is applicable when the ship is identified as a ‘container ship’ or as a ‘ship with TEU capacity’ and it is involved in the actual transhipment of containers. This is at all times at the discretion of the Harbour Master.
A separate tariff is charged for special operations or projects. This tariff may be charged in addition to the harbour dues payable. Whether a visit to the port is seen as a special operation or project is at the discretion of the Harbour Master.
A separate tariff applies to ships laid up for an extended period of time in the North Sea Port Netherlands’ harbour area. Tariff 1.5 applies for a period of 4 weeks, followed by tariff 4.1 for a period of 4 weeks, and subsequently tariff 5.3. Tariff 5.4 is applicable from the first use of the port, specifically for oil rigs and other floating bodies that do not fall under tariff 5.3 to the Harbour Master's opinion. The lay-up of ships and floating vessels takes place at all times in consultation with, and at the discretion of the Harbour Master.
When the areas both in front of the locks and behind the locks are visited in one call, the North Sea Port Netherlands ‘in front of the locks’ tariff applies, taking into account the cargo for both ports. If a seagoing vessel loads and unloads in one call in both the work area of North Sea Port Netherlands (Vlissingen/terneuzen) and the North Sea Port Flanders (Gent), a 50% discount applies to the sea harbour dues.
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Table 1 Harbour dues for maritime tramp vessels
Table 1: Maritime tramp vessels 2020 In front of the locks* Behind the locks A B A B
Maximum per per per ton per per per ton Code Description period BT BT cargo BT BT cargo 1.1 General tariff 4 weeks 0.936 0.337 0.547 0.749 0.270 0.438 1.2 Container vessel 1 week 0.618 0.280 0.454 0.494 0.224 0.363 Roll-on/Roll-off ship, 1.3 LASH ship, or a freezer 1 week 0.468 0.253 0.411 0.374 0.202 0.328 vessel + TEU Roll-on/Roll-off ship, if the 1.4 deadweight is less than 1 week 0.234 0.126 0.547 0.187 0.101 0.438 65% of the BT
Sea-going vessel if there is 2 days 0.197 - - 0.157 - - 1.5 no cargo transhipment 4 weeks 0.309 - - 0.247 - -
Tramp services generally make less use of the port than scheduled service vessels. This is reflected in the tariffs. A reduction scheme is possible in cases where tramp services frequently visit the port (see table 3). There are particular criteria in the General Terms and Conditions which apply to this. For certain vessel types, the loading and discharging time is more limited to ensure less intensive use of the port. A different period of time is given for this in the table. Ships that are in the port continuously for more than 4 weeks are billed every 4 weeks.
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Table 2 Harbour dues for scheduled maritime services
Table 2: Scheduled maritime services 2020 In front of the locks Behind the locks
A B A B
Maximum per per ton per per per ton Code Description period per BT BT cargo BT BT cargo
2.1 General tariff 4 weeks 0.585 0.337 0.524 0.468 0.270 0.419
2.2 Container ship 1 week 0.386 0.222 0.346 0.309 0.178 0.277 Roll-on/Roll-off ship, 2.3 LASH ship, or a freezer 1 week 0.292 0.168 0.262 0.234 0.135 0.210 vessel + TEU
Roll-on/Roll-off ship, if 2.4 the deadweight is less 1 week 0.146 0.084 0.524 0.117 0.067 0.419 than 65% of the BT
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Table 3 Discount scheme maritime tramp vessels
Table 3: Discount scheme maritime tramp vessels 2020
Number of visits Per discount %
4 Calendar quarter 5
5 to 6 incl. Calendar quarter 10
7 to 13 incl. Calendar quarter 15
14 to 26 incl. Calendar quarter 20
27 to 39 incl. Calendar quarter 25
40 to 52 incl. Calendar quarter 30
53 to 65 incl. Calendar quarter 35
66 to 78 incl. Calendar quarter 40
79 to 91 incl. Calendar quarter 45
92 and more Calendar quarter 50
The discount scheme is calculated in arrears per calendar quarter, with a credit note being sent if applicable. The discount scheme applies to both liners and tramp vessels. For more information, see General Terms and Conditions Articles 14 and 15.
Apart from the operational regulations based on the number of visits by a ship (see Table 3 Discount Scheme), North Sea Port Netherlands offers three additional discounts. This is to promote sustainable shipping.
Green Award discount This discount for seagoing vessels that are in possession of a Green Award Certificate has been cancelled.
Environmental Ship Index discount (ESI) This discount applies to seagoing ships that are certified on the basis of ESI. The score achieved, with a minimum of 30 points, determines how much discount the ship will eventually receive on the harbour dues to be paid. The following classification is used:
ESI score Discount on BT measure 30-39.9 5% 40-49.9 10% 50> 15% See www.esi.wpci.nl for more information about the ESI discount. In order to qualify for this discount, the request must be made to North Sea Port Netherlands, in writing, no later than the time at which the maritime harbour dues are submitted.
Multiple activities within a single call If a seagoing vessel carries out loading/unloading activities within a single call in both the operational area of North Sea Port Netherlands (Vlissingen/Terneuzen) and in North Sea Port Flanders (Ghent) a 50% reduction is granted on the maritime harbour dues to be paid.
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Table 4 Other tariffs sea vessels 2020
Table 4 Other tariffs sea vessels 2020
per unit Maximum In front of Behind the Code Description period unit the locks locks
Breach of the levy period relating to 4.1 4 weeks BT 0,309 0,247 the tariffs given in Tables 1 and 2
Per metre Surcharge for use of additional 4.2 1 day length of 1,659 0,830 berths including quays and jetties vessel
Surcharge for use of mooring buoys 4.3 with a minimum of €100 and a 1 day BT 0,017 - maximum of €300 per day
Table 4 lists the rates for extension of the period as indicated in Tables 1 and 2, in so far as such an extension is possible on operational grounds in the opinion of the Harbour Master. In addition, surcharges are indicated for the use of the buoy berth and other berths such as quay walls, jetties, Ro / Ro installations, etc. Ships that are in the port continuously for more than 4 weeks are billed every 4 weeks.
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Table 5 Exceptional tariffs and surcharges maritime tramp vessels
Table 5: Exceptional tariffs and surcharges maritime tramp vessels 2020
per unit in front of the behind the code Description period unit locks locks
Surcharge on tariffs in Tables 1 & 2 for 1 week passenger 1,844 1,844 5.1 passengers who pay to be transported
Surcharge for use of fenders: 5.2 • small per day unit 100 100 • large per day unit 300 300 5.3 Surcharge 4 weeks BT 1,404 1,404
Surcharge oil rigs per day unit 500 500 5.4 • not at the quay per day unit 650 650 • at the quay
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Table 6 Port reception facilities maritime tramp vessels
Table 6: Port reception facilities maritime tramp vessels 2020
Levy for port reception facilities is calculated using the following formula:.
Levy = A + (GT x f)
Whereby: A = fixed amount, set at €100 for 2020 GT = Gross Tonnage of the vessel f = conversion factor, set at 0.02 for 2020
Levy port reception facilities 2020 = €100 + ( GT x 0.02) The maximum levy is set at: € 600
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Table 7 Harbour dues for inland navigation
Table 7: Harbour dues for inland navigation 2020
per unit in front behind Maximum of the the code Type of ship Levy based on period locks* locks 7.1 Cargo ship ton load capacity 7 days 0.090 0.068 Ships not intended for the transport of 7.2 goods, ships without known load m2 surface 7 days 0.090 0.068 capacity 7.3 Container ship ton load capacity 2 days 0.045 0.034
A cargo vessel if no cargo is < 3 days 0.045 0.034 7.4 ton load capacity transhipped > 3 days 0.135 0.102 (per stay of max. 7 days) 7.5 passengers per passenger 7 days 1.00 1.00
A minimum rate of €20 is calculated per visit. The harbour dues for different inland shipping vessels is calculated according to the tariffs in table 7. The minimum amount mentioned above applies. If a period (levy period) is exceeded, the code 7.1 tariff is applicable. For the calculation of the inland port dues/inland navigation dues from 1 January 2020 onwards, the port area of North Sea Port is considered as one single cross-border port area. The port dues that are owing will be charged to you by one of the two entities (North Sea Port Netherlands plc or North Sea Port Flanders limited liability company under public law).
The container tariff applies to all ships that tranship containers, taking into account the period stated in the table.
A separate rate will be determined for special operations or projects, which is at all times at the discretion of the Harbour Master. This rate is a surcharge on the harbour tariffs due. Examples are incident ships and special transport vessels. Whether a port visit is seen as a special operation or project is determined by the Harbour Master.
Various areas If an inland vessel sails for various areas within the time frame ('North Sea Port Flanders', 'North Sea Port Netherlands – in front of the locks' and/or 'North Sea Port Netherlands – behind the locks'), the tariff 'North Sea Port Netherlands – in front of the locks' will always apply.
Two additional discount arrangements are available for inland navigation.
Green Award Inland vessels with a Green Award certification are entitled to a 10% discount on the harbour dues and will be paid on request. In order to qualify for this discount, the request must be made to North Sea Port Netherlands, in writing, no later than the time at which the maritime harbour dues are submitted. See www.greenaward.org for more information about the Green Award discount.
Use of the app Inland vessels that carry out activities in the area “behind the locks” and notify the call during their stay by using the “Harmonie” app, get a 5% discount on the harbour due to be paid.
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Table 8 Inland shipping subscriptions
Table 8: Inland shipping subscriptions 2020
per unit in front of behind the code Type of ship Levy based on Maximum period the locks* locks calendar quarter 0,750 0,740 8.1 Cargo ship ton load capacity calendar year 2,550 2,550 Ships not intended for the transport of goods, ships m2 calendar quarter 0,750 0,750 8.2 without known load surface calendar year 2,550 2,550 capacity calendar quarter 0,375 0,375 8.3 Container ship ton load capacity calendar year 1,275 1,275 8.4 Work vessels Side Canal B Fixed amount calendar year N/A 250
The terms 'calendar quarter' and 'calendar year' mentioned in the Table relate to a subscription. A subscription must be requested in advance using the relevant form available on our website https://en.northseaport.com/subscriptions-inland-shipping
In order to be eligible for a subscription for the provision of work vessels Side Canal B, a permit must first be applied for from the Harbour Master ([email protected])
*As from 1-1-2020, the subscriptions are valid for the entire port area of North Sea Port Netherlands and North Sea Port Flanders. The subscriptions for separate areas have been cancelled.
Package deal Container inland waterway services and pusher vessels can subscribe for a package deal. For more information, contact North Sea Port.
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Table 9 User fees
Table 9: User fees 2020
under, on or above Code For the use of ground water quay jetty unit per unit Equipment under general tariff 1 A ⚫⚫ ⚫⚫ 5,61 m² B Equipment under general tariff ⚫⚫ ⚫⚫ 8,48 A Cables, pipes, transport pipelines, safety 4,59 2 m² B railing, fibre-optic cables ⚫⚫ ⚫⚫ 2,30 3 lamps/masts/land bollards ⚫⚫ ⚫⚫ unit 6,32 jetties, quays, duckboards, bridges and 4 A ⚫⚫ ⚫⚫ m² 8,47 areas of water B bollards, mooring dolphins ⚫⚫ unit 20,15 Crane runways and transport tracks up to 5 A ⚫⚫ 7,87 200 m² Crane runways and transport tracks from m2 B ⚫⚫ 3,88 200m2 up to and including 500 m² Crane runways and transport tracks C ⚫⚫ 1,31 greater than 500 m² 6 A cranes, lifting equipment up to 5 ton ⚫⚫ 349,84 B cranes, lifting equipment 5 to 10 ton ⚫⚫ 455,44 C cranes, lifting equipment 10 to 15 ton ⚫⚫ 623.05 unit D cranes, lifting equipment 15 to 20 ton ⚫⚫ 883.15 E cranes, lifting equipment from 20 ton ⚫⚫ 1226.69 F container cranes ⚫⚫ 1755.69 Driveways, access and connecting 7 ⚫⚫ m² 4,91 roads, parking ports Advertising boards, notice boards, 8 ⚫⚫ ⚫⚫ ⚫⚫ ⚫⚫ ½ m² 10,91 direction signs Sewerage connection point for rainwater ⚫ A m² 0,12 drainage 9 Sewerage connection point for rainwater ⚫⚫ B total 191.50 drainage with a €179.38 minimum ⚫ 10 railway ⚫⚫ m¹ 5,43 A Use of quay platform seagoing vessel 533.79 11 day B Use of quay platform inland vessel 266.89 A Ploughing ship supply and removal 325.61 12 hour B Ploughing bottom of harbour 325.61 13 Administration costs Per visit 264,25
Table 9 shows the user fee that a user must pay for a user right as stated in the General Terms and Conditions. The month, week and day tariffs under code 1 (A+B) are calculated on the basis of: • Month tariff: 10% of year tariff • Week tariff: 3% of year tariff • Day tariff: 1% of year tariff For rates under code 6 (A to F), daily tariffs are calculated on the basis of 10% of the year tariff.
• The general rate is applied in cases where table 9 does not provide for code 2 up to and including code 10. • In the case of an object that is measured by surface area, the projection of the object in a horizontal plane is used.
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• For all objects, the necessary space within or around these objects, and/or the area which is inaccessible / unattainable / reserved for third parties has also been taken into account. • For cables and pipes, the strip of soil calculated is measured from the middle of the distance to the adjacent pipe. If no pipes are adjacent, a strip width of 1 metre is calculated; or a strip of 0.5 metres on one side if no other cable or pipe is present there. • Code 9 is measured using the surface area of sites, paved areas or buildings from which rainwater originates and which is discharged via a connection to the North Sea Port Netherlands’ rainwater sewer.
For the use of a quay platform (code 11) a discount percentage of 10% applies if it is used on multiple consecutive days. By use is meant here the short-term (a maximum of 8 continuous days) use of the quay for transhipment and storage, bunkering or stores. For any other use or long-term use, other conditions/indemnities apply. One thing and another in consultation with North Sea Port Netherlands. The application form ‘quay platform usage’ must be completed to register use of the quay, which is then sent to the Terneuzen Port Authority (port area of Terneuzen) or the Vlissingen Port Authority (port area of Vlissingen).
Explanation of code 12: The use of equipment which leaves imprints on the harbour floor is for the account and at the risk of the user. Existing imprints or unevenness in the harbour floor (possibly caused by earlier use) can be levelled on request. Tariff 12 applies here. The costs are charged on the basis of subsequent calculations. North Sea Port Netherlands examines the harbour floor during their regular water level sounding checks (6 times a year), also at the locations where lifting vessels have left their imprints. Checks are made as to whether damage has occurred with relation to / on the quay and / or that the nautical guaranteed draught is still guaranteed. If damage caused by the imprints is detected, the user will be held liable.
Explanation of code 13: this concerns any administration costs incurred by North Sea Port for activities in connection with the granting of user licenses.
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Table 10 North Sea Port tariffs for services relating to damage, incidents and / or obstruction
Table 10: North Sea Port tariffs for services relating to damage, incidents and / or obstruction 2020 Tariff € Code Activity Unit 1 Hourly rate North Sea Port employees
Technical administrator Hour 107.81
Nautical advisor Hour 107.81
Supervisor Hour 58.13
Legal advisor Hour 163.83
Depth-sounding vessels incl. crew Day 3171.03
2 Assistance Subsequent 2.1 Delivery and placement of road signs calculation 1000-hour lamp per 72 hour 2.2 72 hour 198.72 (including placement and removal) Oil booms per 24 hours per metre 2.3 24 hour/m 10.57 (exclusive transport and positioning) Oil boom removal adjustment / cleaning Subsequent 2.4 (excluding transportation) calculation
When estimating damages, a charge is included of 3% 3 over and above the total costs incurred by North Sea Port and third parties
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Additional services
Tariffs for pilotage services Tariffs for mooring services Nederlands Loodswezen BV Montis Mooring & Boat Service BV Regio Scheldemonden Zeevaartweg 1-3 Boulevard de Ruyter 8 Postbus 1171 4381 KA Vlissingen 4530 GD Terneuzen T: +31 (0)118 489500 T: +31 (0)115 619920 F: +31 (0)118 412831 F: +31 (0)115 694835 E: [email protected] E: [email protected] I: http://scheldemonden.loodswezen.nl I: www.montismooring.com
Verenigde Bootlieden BV (Union of boatmen) Tariffs for towage Zeevaartweg 21 Multraship Towage & Salvage BV Postbus 1117 Scheldekade 48 4530 GC Terneuzen 4531 EH Terneuzen T: +31 (0)115 617925 T: +31 (0)115 645000 F: +31 (0)115 618141 F: +31 (0)115 645001 E: [email protected] E:[email protected] I: www.bootlieden.nl I: www.multraship.nl Vlissingse Bootliedenwacht BV (Vlissing boatmen watch) Boluda towage Europe Engelandweg 12 T: +31 155 63 19 11 (Terneuzen) 4389 PC Ritthem T: +31 155 61 21 43 (Vlissingen) T: +31 (0)118 461349 I: www.boluda.eu F: +31 (0)118 460688 E: [email protected] I: www.vlbvlissingen.nl
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Drinking water
Information about the provision of drinking water can be found on our website:
Sea shipping: https://en.northseaport.com/drinking-water-facilities-maritime-shipping Inland waterways: https://en.northseaport.com/drinking-water-facilities-inland-shipping
All other services
Information about services such as shore based power, waste collection, bunkering, wifi and about berth can be found on our website:
Sea shipping: https://en.northseaport.com/maritime-shipping Inland waterways: https://en.northseaport.com/inland-shipping
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General Terms and Conditions of North Sea Port Netherlands
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Chapter 1 General provisions Article 1 Definitions
For the purposes of these General Terms and Conditions, the following definitions apply: approach:
Each time the port area is entered or a berth is occupied.
General Terms and Conditions:
The General Terms and Conditions for the use of the ports of Terneuzen and Vlissingen of the public limited company North Sea Port Netherlands N.V.. ballast:
Solid and liquid substances – not included hereunder are water for agricultural purposes, industrial use or human consumption and other commodities of commercial value - whose introduction into the seagoing vessel is or has been made exclusively to increase the stability of the seagoing vessel or to lower its highest point above the water surface. supply ship:
A seagoing vessel intended or used for the supply and removal of persons and / or materials for offshore drilling rigs or work vessels. inland harbour dues:
The fee that the user owes to North Sea Portfor the use of the port by an inland vessel. barge:
A vessel which is not a seagoing vessel. inland / seagoing vessel:
A vessel that is used interchangeably on inland waterways and on a limited sailing area at sea, in particular on coastal waters. With regard to harbour dues, this ship is considered as a seagoing vessel. floor: The (sub) soil and / or groundwater belonging to an immovable property, with the exception of the water.
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gross tonnage: The unit for the gross register tonnage (GRT) of a seagoing vessel, as referred to in the Convention on Tonnage Measurement of Ships, London 1969 (Traktatenblad 1970, no. 122 and 194) indicated in the tonnage certificate.
bunkering: A seagoing vessel’s use of the port area for taking on fuel for own use.
container: A container vessel, as described in the recommendation ISO688 Series 1 freight containers of the International Organisation for Standardisation, insofar as the length is at least 6.055 meters.
container ship: A seagoing vessel / inland vessel, which according to construction and design is intended or used entirely for the transport of containers. With regard to a seagoing vessel, this also includes a (freezer) vessel that, according to Lloyd's registration, has container capacity.
wall cap: A wall cap is a horizontal concrete, steel or wooden beam which covers the top of a sheet pile wall.
Director: The general Director of North Sea Port in his capacity as manager of North Sea Port, responsible for the management and representation of the public limited company as referred to in art. 2: 129 paragraph 1 and Article 2: 130 paragraph 1 Dutch Civil Code, subject to limitations in accordance with the Articles of association.
port objective: The carrying out of the port company’s activities and in that context strengthening the position of the Zeeland port and industrial complex in an international perspective, both in the short and the long term.
This includes: • Promoting the effective, safe and efficient handling of shipping traffic and ensuring nautical and maritime order and safety, as well as acting as the competent port authority in the Zeeland port area; and • The development, construction, management and exploitation of the port and industrial area in Zeeland in the broadest sense of the word. deadweight:
The carrying capacity or deadweight is the amount of cargo, expressed in weight, that the ship can carry when loaded up to its summer free-board mark. actual use:
The use of the port area as described, for example, in Article 25, paragraph 1 under a to d, where for this use no written approval has yet been given by North Sea Port. use of the port area:
Using the port area in the broadest sense of the word. This includes, in any event, being located within the port area, loading / unloading / storing / transferring solid or liquid substances, the purchase or delivery of services from and to North Sea Port and / or companies located within the port area and using the infrastructure, such as is available once present within the port area.
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user:
The individual or legal entity who, with a ship, makes use of the port area and / or other services provided by North Sea Port (or of other companies established within the port area), takes delivery or delivers, or for some other reason visits the port area, including the captain, the shipowner, the person for whom the vessel is being put to use and the agent, as well as the person who (as representative of the aforementioned persons) has carried out the preparatory acts required by (the port manager of) North Sea Port in preparation of the use and / or stay of the vessel or the purchase of services. entitled user:
The (legal) entity who is entitled to a right of use. right of use:
The right of use that is granted to the user by North Sea Port and for which a user fee is due to North Sea Port. This concerns, among other things but not exclusively, the specific use as described in Article 25, paragraph 1 under a) to d). This right is currently granted on a private law basis under the payment of a private law user fee. In the past, this right of use was taxed via a levy or a government fee. user fee:
The fee with regard to the right of use that the entitled user owes to North Sea Port and the amount of which is shown in the tariff overview.
Cross-border port area:
The cross-border port area includes the port area of both North Sea Port Netherlands and North Sea Port Flanders, as you can see on www.northseaport.com/bedrijvengidsPort/ports:
The ports and other navigable waters as well as all quays, jetties, mooring posts, buoys, roads, worksites and other similar works or facilities located within the port area. port waste-management plan:
The plan conforms with Article 6 paragraph 3 of the Act on the Prevention of Pollution by Ships (APPS) for the receiving and processing of ship-generated waste and the additional substances referred to in paragraph 1 (APPS) and executed in accordance with the Decree of 23 August 2004, stipulating the general rules for port reception facilities (Decree on Port Reception Facilities).
Port Ordinance: The prevailing Port Ordinance of North Sea Port Netherlands as determined by the Executive Board of North Sea Port. port area: The port area comprises the Dutch part of the cross-border port area North Sea Port, as you can see on www.northseaport.com/bedrijvengids. port tariff: The amount that is due for a certain use, as stated in the tariffs overview.
Harbour Master: The appointed officer who is appointed as such by the competent authority for the performance of the duties and powers conferred on him as described in the current North Sea Port Netherlands Port
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Ordinance. The Harbour Master has also been appointed by the Director of North Sea Port to exercise certain tasks and powers within the framework of the General Terms and Conditions. port reception facility: Fixed, floating or mobile facility suitable for the reception of ships’ waste or cargo residues. hospital ship: A seagoing vessel or inland vessel exclusively intended and used for the provision of medical assistance, including the transport of wounded, sick and disabled persons. quay wall: A vertical or almost vertical loading facility with all the associated engineering structures not including adjacent paving. quay platform: A strip of land located directly behind the quay wall, on which loading and unloading activities take place, which is not part of the lease or the leased property. captain: The person who has ultimate command of a seagoing vessel. deadweight capacity: The difference expressed in tons between the freshwater displacement of the vessel at the highest permitted draught and that of the empty vessel. cargo: All goods and packaging materials, containers, trailers and LASH containers expressed in tons. For the purposes of the General Terms and Conditions, the following are not included under cargo: ballast, fuel, provisions and other ship's equipment intended for personal use, as well as hand baggage carried by persons on board.
LASH-ship: A seagoing vessel which, according to its design, is intended or is used for the transport of self-powered containers. berth: The occupation of a berth during the direct or indirect mooring of a ship alongside the quay within the port area. This also includes the occupying of a berth alongside an adjacent ship that is already occupying a berth at the quay. Also the occupation of a (mooring) place in any other way within the port area is seen as a berth. month: The period, which starts on a particular date of a calendar month and finishes at the end of the day preceding the same date of the subsequent calendar month.
Marpol: The International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto, as well as the amendments thereto which are in force on the date on which the chargeable event occurs. tonnage certificate: A tonnage certificate, as referred to in Article 24 of the 1981 Shipping Registration Act, and, with regard to inland vessels, a document as referred to in Article 4.1 of the Inland Navigation Regulations.
North Sea Port:
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The public limited liability company registered in the commercial register under the name " North Sea Port Netherlands N.V." number 50987496, which manages and exploits the port area of North Sea Port Netherlands.
North Sea Port Flanders: The public limited liability company registered in the Crossroads Bank for Enterprises under the social name 'North Sea Port Flanders' with the number 0218843678, which manages and exploits the port area of North Sea Port Flanders. oil products: Products which conform to the Appendix to Annex 1 of Marpol regulation 1 73/78. immovable property: Immovable property as referred to in Section 3:3 of the Dutch Civil Code and, if applicable, the provisions contained within or above such immovable property, consisting inter alia of: • the terrain, • the water, • the embankment, • the quay wall; and / or, • the scaffolding in respect of which a right of use has been granted. warship: A seagoing vessel belonging to the armed forces of the Royal Netherlands Navy or belonging to the navy of a foreign power, which is commanded by a serviceman of the navy and manned in full or in part by military personnel. agreement: The agreement between North Sea Port and the user on the basis of which the user makes use of the port area and all agreements related thereto. passenger ship: A seagoing vessel or barge that is mainly intended or used for the commercial transport of people. roll-on / roll-off ship: A seagoing vessel designed to carry cargo that is driven on and off the ship partially or totally on its own wheels or using loading and unloading equipment belonging to the fixed equipment of the vessel. shipping waste: Waste as referred to in Article 1 of the APPS, as well as other harmful substances or residues of hazardous substances, as referred to in Article 6 paragraph 1 APPS. ship repair facility: A facility recognised as such by North Sea Port, located within the port area of North Sea Port, whose main public activity consists of carrying out or providing the opportunity to carry out repairs to ships and which has at its disposal special equipment and / or berths intended for a purpose for which this aim has been established by written agreement with North Sea Port and on that basis a fee has been agreed. skipper: The person who is actually in charge of an inland vessel. written: A notification to North Sea Port by fax, e-mail, letter or electronic means. tug: A vessel that is mainly used for towing, pushing or otherwise assisting other vessels.
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tanker: A seagoing ship that is wholly or in part intended or used for the transportation of bulk liquid cargo oil tanker: 1. a vessel that meets the definition of an oil tanker under Regulation 1 (4) of Annex 1 to Marpol 73/78; 2. double hull oil tanker: an oil tanker with segregated ballast tanks constructed in accordance with regulation 13F (3) of Annex 1 to Marpol 73/78; 3. oil tanker with an alternative design: an oil tanker with separate ballast tanks constructed in accordance with regulation 13F, paragraphs 4 and 5, of Annex 1 to Marpol 73/78. tariff overview: The list of harbour dues applied by North Sea Port per type of tariff, which list is adjusted at least once a year and published on the North Sea Port website. period: A time period stated in the tariff overview, during which usage is made of the port. This period ends when the vessel leaves the port. ton: A mass of 1,000 kilograms. vessel: 1. Any floating body, which, due to its buoyancy, is used for, or intended for, the transport over water of persons, merchandise, raw materials, products and objects of all kinds, whether or not these form an integral part of the floating body; 2. Any other floating body, such as a working vessel, patrol vessel, working and mooring raft, pontoon, wooden raft, elevator, diving bell, sand dredger, suction dredger, floating equipment, drilling rig and any other floating device for the exploration and / or exploitation of oil and gas fields or extraction of minerals at sea. fishing vessel: A seagoing vessel, exclusively intended and used for catching fish or other living resources from the sea. vehicle: Any motor vehicle as stipulated in Article 2 of the 1994 Motor Vehicle Tax Act, or a specific vehicle that is propelled by a motor vehicle or a combination thereof, regardless of the weight and / or size of the motor vehicle, the vehicle itself or the combination thereof.
APPS: Act for the Prevention of Pollution by Ships of December 14, 1983, concerning regulations for the prevention of pollution by ships, Stb 1991, 663. maritime harbour dues: A fee that the user owes to North Sea Port for the use of the port area with a seagoing vessel.
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seagoing vessel: 1. Any vessel used or intended to be used for off-shore navigation as referred to in Article 1, first paragraph of the Ships Act (Stb.1909, 219), including: hydrofoils, air- cushion vessels, submersible vessels and floating equipment, as well as the installations required during the time they are operational. 2. Any vessel that, due to demolition or planned demolition, is essentially no longer used for sailing, or is no longer intended for that purpose. seagoing vessel in regular service: A seagoing vessel that maintains a fixed voyage between sailing areas in accordance with a timetable submitted by the user, whereby: 1. the timetable must be publicly known and available at least four weeks before the start; 2. the timetable provides information on scheduled sailings and arrivals, in order to allow interested parties to bring or receive cargo in time; 3. any cargo can be handled that conforms with the prevailing requirements.
Article 2 Area of application 2.1 These General Terms and Conditions apply within the port area of North Sea Port and to all agreements concluded between North Sea Port and the user.
Article 3 Scope of General Terms and Conditions and amendment 3.1 These General Terms and Conditions apply in full to all uses of the port area by the user. 3.2 For users who are leaseholders or tenants of immovable property, the ‘General terms and conditions for allocation of land in the port area of the limited liability company NV North Sea Port Netherlands’ also apply. 3.3 If a regulation in these General Terms and Conditions supercedes a regulation whose application has expired upon the entry into force of the General Terms and Conditions, and the user already owes a user fee to North Sea Port on the basis of the expired regulation and the use will be continued after the establishment of North Sea Port, this user will owe this (user) fee on the basis of the new replacement regulation. 3.4 These General Terms and Conditions can be found on the North Sea Port website (www.zeelandseaports.nl). The General Terms and Conditions will be sent free of charge on request. 3.5 North Sea Portreserves the right to amend the General Terms and Conditions at any time. 3.6 If the General Terms and Conditions are amended, North Sea Port will publish this in good time via a publication (including in a national and a Zeeland newspaper), whereby reference will be made to the new General Terms and Conditions which can be found on the North Sea Port website. This publication will state when the new, or amended, General Terms and Conditions will come into effect. 3.7 If and insofar as not explicitly agreed otherwise in writing, the user expressly waives the applicability of any of his own General Terms and Conditions. The North Sea Port explicitly rejects the applicability of the General Terms and Conditions of the user.
Article 4 Establishment of agreement 4.1 An agreement between North Sea Port and the user may be concluded in writing or by the manner of offer and acceptance referred to in Section 6: 217 of the Dutch Civil Code. 4.2 North Sea Port's offer to conclude an agreement shall be deemed to have been irrevocably accepted by the user if and as soon as the user has travelled past the signs or other signals established by North Sea PortT indicating ‘port area belonging to North Sea Port’, and / or registers with the Harbour Master or port services, or if use of the North Sea Port port area is otherwise made within the provisions of these General Terms and Conditions.
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Chapter 2 Use of the port area
Article 5 General 5.1 The user commits to use the port area with due observance of all (public law) regulations applicable to his usage, including North Sea Port Netherlands’ prevailing Port Ordinance. 5.2 While using the port area, the user is obliged to comply with the instructions and requirements of North Sea Port and its personnel, including the Harbour Master and the (statutory) supervisors. 5.3 The user will fully comply with the provisions of the agreement and these General Terms and Conditions. 5.4 The user accepts the use of the property of North Sea Port, including the ground conditions, in the state in which they are found, unless after inspection it is determined that they are not in good condition and this has been reported to the Director in writing prior to usage. From the start of usage, the (immovable) property is deemed to be in good condition and the user can no longer appeal regarding any defects. The user must return the (immovable) property to the North Sea Port in good condition at the end of usage. Any damage to the (immovable) property will be for the account of the user. 5.5 All obligations arising from limited rights, qualitative obligations and easements that are attached to the immovable property to be used, must be complied with by the user. This also includes certain benefits that a third party enjoys with regard to the immovable property, such as any available piping, cables and / or ducts. 5.6 The user is not permitted to make changes to the property of North Sea Port without the prior written permission of the Director. This also includes the installation and / or removal of plant growth and / or buildings. 5.7 The use of the port area must take place in such a way that: • no (environmental) pollution occurs or threatens to occur; • no hindrance is caused, danger generated or damage inflicted; • no solids, liquids and / or gases are discharged and / or released, unless this is not in contradiction with (public law) regulations and North Sea Port has given explicit written permission for this. 5.8 The use of the port area is subject to a range of tariffs which are explained in these General Terms and Conditions. 5.9 Fees and harbour dues that are included in the tariff overview, but which are not further elaborated upon in these General Terms and Conditions, are nevertheless due for the applicable use of the port for which the dues are levied.
Article 6 Non-compliance by the user 6.1 The non-compliance or improper observance by the user of any aspect of an agreement and as such of any of these General Terms and, Conditions brings the user into accountable default in the execution of its obligations to North Sea Port. In this case North Sea Port reserves the right to suspend its obligations. 6.2 If (correct) compliance is still possible, North Sea Port will give the user notice of default and offer him a reasonable period for (correct) compliance. If this period expires, without (correct) compliance having taken place, the user is in default. 6.3 If (correct) compliance is no longer possible, the user is legally in default. A notice of default is then no longer required. 6.4 If the user is in default, North Sea Port has the right to dissolve the agreement extrajudicially. 6.5 The user is liable for the damage (including internal costs in accordance with the North Sea Port Netherlands’ tariff overview in connection therewith) which North Sea Port and the companies located within the port area suffers or suffer due to the attributable shortcoming in the execution of obligations as referred to in the first paragraph of this Article.
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6.6 North Sea Port reserves the right to impose a fine in the event of failure to comply with the agreement and / or these General Terms and Conditions, as laid down in Article 40 of these General Terms and Conditions, without prejudice to the right to claim (additional) compensation. 6.7 If due to the attributable shortcoming of the user as referred to in the first paragraph of this Article, a situation arises or threatens to arise which, in the opinion of North Sea Port, is unacceptable, dangerous and / or a nuisance to North Sea Port, the companies established within the port area and / or other (legal) persons, North Sea Port is entitled to deny the user the agreed usage or, if necessary, deny access to the port area, as long as the dangerous situation and / or nuisance continues. This can also be done for part of the port area. This denial is done by means of a registered letter or a bailiff's writ, unless there is urgent interest. North Sea Port is not liable for any loss or loss of income by the user caused by the denial of the use of the port area on the basis of this Article.
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Chapter 3 Maritime and inland navigation harbour dues General Article 7 Start of port area usage and harbour dues 7.1 The maritime harbour and inland harbour dues are calculated from the moment that the usage of the port area or the services provided in that context commences. The usage referred to in Article 9.1 or 17.1 shall in any case commence upon entering the port area or using a berth or berths or berth facilities and / or the use of other facilities in the port area. 7.2 The maritime harbour and inland harbour dues are calculated on the basis of the harbour dues as set out in the tariff overview, with due observance of any applicable harbour dues and / or surcharges and the provisions in the following Articles regarding the application of harbour dues, scheduled service discount and the discount scheme. 7.3 In the calculation and collection of the maritime harbour or indoor harbour dues, different harbour dues apply to the ports located in front of or behind the locks as can be seen in the tariff overview. 7.4 North Sea Port reserves the right to introduce further differentiation in harbour dues within the port area.
Article 8 Changes in harbour dues 8.1 North Sea Port has the right to change the harbour dues at any time. Changes in harbour dues will be announced on the North Sea Port website.
Maritime harbour dues
Article 9 Chargeability of maritime harbour dues 9.1 Under the term maritime harbour dues, the user pays a fee for the use (verified by the harbour master) of the port area with a seagoing vessel. In the tariff overview, tariffs differ according to the type of ship.
Article 10 Implementation of harbour dues for seagoing vessels 10.1 When implementing the harbour dues for seagoing vessels: a) the (highest) gross tonnage of a seagoing vessel as shown in the tonnage certificate applies; b) the length of the vessel, expressed as length overall (LOA); c) if the cargo of the seagoing vessel is discharged and loaded, the tariff is expressed in metric tons; d) the length, width, summer draught and the gross tonnage, as laid down by the Harbour Master if no tonnage certificate is submitted or if it does not contain the required data; e) a part of a unit of length, width, content and mass is counted as a full unit; f) the number of tons of loaded and / or loaded cargo in the port is determined by or on behalf of the Harbour Master, if these are not sufficiently clearly presented; g) in the case of a combined port visit to the ports located in front of or behind the locks, the harbour dues applicable in front of the locks will be used; h) for a gas tanker that bunkers or disposes of ship-generated waste in Vlissingen, immediately before or immediately after a port visit to the Braakman port, the fixed discount is applied up to a maximum of 24 hours. However, buoyage or quay dues are still owed; i) the time limit shall be suspended for a maximum period of 48 hours when waiting offshore at a subsequent berth is necessary. The Harbour Master must be informed of this in writing before departure; j) if seagoing vessels load and unload the same goods within the port, a new port visit will start for each new loading trip.
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Article 11 Reporting and registration of seagoing vessels 11.1 Prior to the start of the seagoing vessel’s stay in the port area, the user must give as much information as possible about the vessel that is visiting the port. This report is made to the Harbour Master. 11.2 The notification must be made to the electronic address determined by the Harbour Master, as announced on the North Sea Portwebsite, using the message definition and protocol made known by the Harbour Master and published on the website. 11.3 When the definitive data concerning the ship and the cargo have been reported, the user will also enter the billing address. If an incorrect billing address is given, the financial consequences (interest costs etc.) will be charged to the person who provided the statement. The statutory (commercial) interest starts at the moment that the payment term of the invoice in question has expired and ends at the moment that the invoice is paid correctly. 11.4 A statement of the maritime harbour dues will be submitted by the user within 3 working days after departure of the seagoing vessel. A postponement may be granted on written request to the Harbour Master of North Sea Port. 11.5 If the port visit lasts longer than 28 days, a statement of maritime harbour dues will be submitted immediately after the expiry of this period. A postponement may be granted on written request to the Harbour Master of North Sea Port.
Article 12 Checking absence of, or incorrect, registration and/or submission 12.1 If the user has reported this and then notices that the statement does not correspond with the facts, the user must immediately notify the Harbour Master in writing. The user is obliged to submit all documents showing the inaccuracy of the statement. Settlement will then take place via an invoice or credit note. In this case, North Sea Port is entitled to (administration) costs of €50.00 (fifty Euros). 12.2 At the first request of the Harbour Master, the user must provide access to, or provide a copy of, all documents relevant to the liability of maritime harbour dues with regard to the transhipment data. 12.3 If the user fails, in good time, to make statements as referred to in the fourth paragraph of Article 11, or has made an incorrect statement without timely correction, as referred to in the first paragraph of this Article, (administration) costs of €50.00 (fifty Euros) will be charged. If too little has been paid due to an incomplete or incorrect statement, a surcharge of 10% of the total amount to be paid may also be charged. 12.4 If the user has failed to report and / or submit a statement as referred to in the previous Articles, the port tariff will be calculated according to the tariff which results in the highest amount to be paid. In this case, North Sea Port may also charge a user a maximum of 25% of the highest amount to be paid, with a minimum of €250.00 (two hundred and fifty Euros). The latter applies in full if the user does not grant an inspection as referred to in the second paragraph of this Article. 12.5 The situation described in the third and fourth paragraph will take place at a time determined by North Sea Port.
Article 13 Duration of stay: seagoing vessels 13.1 With regard to the definitive determination of the duration of the stay of a seagoing vessel, this duration is deemed not to have been interrupted if: a) the seagoing vessel has left the port, for a maximum duration of 48 hours, on instruction from or on behalf of the Harbour Master and after electronic notification to the Harbour Master to wait offshore for the release of a berth, to de-gas or to perform cleaning operations. b) the seagoing vessel arrives again within 6 hours without having visited another port or having carried out any work. The Harbour Master must be informed of this in writing prior to arrival.
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Article 14 Discount scheme for seagoing vessels 14.1 For seagoing vessels that regularly visit the port and have a certain mutual relationship, but not as a regular service, a reduction in the harbour dues is granted depending on the frequency of the visits, the percentage of which is included in the tariff overview, provided that the following conditions are met:
(a) the vessels operate in frequency under the same shipowner or shipyard, or the person for whom the ships are being used, or a combination of any of these parties; b) the ships load and / or unload the same type of cargo; c) the type of cargo have the same place of origin or destination. 14.2 The discount is fixed separately for each calendar quarter, whereby the number of visits in the calendar quarter is decisive for the percentage of the discount. 14.3 In order to qualify for a discount scheme, the user must submit an application with all relevant data to North Sea Port within two weeks of the end of a quarter.
Article 15 Discount scheme for seagoing vessels in scheduled service 15.1 For a seagoing vessel that visits the port within the framework of a regular shipping service, a reduction in the harbour dues is granted, the percentage of which is included in the tariff overview, depending on the frequency of the visits,. 15.2 The discount for each calendar quarter is fixed separately, whereby the number of visits in the calendar quarter is decisive for the percentage of the discount. 15.3 In order to qualify for a discount scheme, the user must submit an application with all relevant data to North Sea Port within two weeks of the end of a quarter. 15.4 When calculating the number of visits as referred to in the first paragraph, any visits by a replacement vessel shall also be taken into consideration, provided that the visit does not take place on the same day. A visit to the port by a replacement vessel must be reported to the Harbour Master in advance.
Article 16 Exemptions for seagoing vessels 16.1 Sea harbour dues will not be charged by North Sea Port in respect of the usage of the port and the enjoyment of services rendered in this connection for: a) a seagoing vessel that has a different Dutch port as its destination or origin and that has to be cleared or released under the requirements imposed by law, up to a maximum of four hours. The proposed transaction must be reported in writing to the Harbour Master beforehand; b) a tugboat, if and insofar as this is used for normal assistance to seagoing vessels when entering and leaving the port, up to a maximum of one hour; c) a seagoing vessel for a term of no more than four 28-day periods when the port and its services are used only for docking or carrying out repairs for a ship repair in specially intended and / or its own berths, provided both the start and end time of the docking or repair work have been notified in advance to the Harbour Master in writing; this Article does not apply to seagoing vessels that carry out modifications, improvements or adjustments; d) a seagoing vessel, for a period of no more than seven calendar days, when the use of the port and the enjoyment of services only takes place in connection with making it seaworthy for the first time and / or holding a first test run after new construction, provided that: • the use or enjoyment of port and facilities does not last longer than is necessary for this purpose; • the Harbour Master is given notice both prior to, and immediately after, these actions or activities; e) a seagoing vessel, when the use of the port and the enjoyment of services only takes place in connection with the setting of compasses, the changing of the crew or the
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disembarkation of the sick or deceased, up to a maximum of four hours. The proposed transaction must be reported in writing to the Harbour Master beforehand; f) a seagoing vessel, for a period of no more than seven calendar days, if the port visit and the associated services are only made use of in connection with the cleaning of cargo spaces, including the gas-clearing of the ship, via a facility established for this purpose and in possession of the required permits. The proposed transaction must be reported in writing to the Harbour Master beforehand. However, quay dues are payable; g) a warship, provided that the handling of any cargo is done exclusively by military personnel; h) a seagoing vessel in the direct service of the State or the Province, provided that no persons or goods are transported commercially; i) a hospital ship; j) a seagoing vessel that is used for the maintenance, improvement and expansion of the port, insofar as these are carried out on behalf of North Sea Port; k) a seagoing vessel that makes use of a loading and unloading facility that is in use by a company with which an agreement has been entered into with regard to the collection of harbour and quay dues, and in so far as cargo is loaded or unloaded which originates or is destined for this company. 16.2 No exemption is granted to vessels that use the port area for bunkering.
Inland harbour dues Article 17 Liability to pay inland harbour dues 17.1 Under the term inland harbour dues, the user owes a fee for the use (verified by the harbour master) of the cross-border port area with a barge or any other vessel, for which no maritime harbour dues are payable.
Article 18 Implementation of harbour dues for inland waterway vessels 18.1 When implementing the harbour dues for inland vessels: a) only a rounded-down unit of gross tonnage, content or surface area shall be taken into account; b) the gross tonnage shall be the tonnage of a vessel (as evidenced by the tonnage certificate of the vessel); c) the period shall always be fixed at the shortest of the periods specified in the table for the relevant type of vessel, unless a longer period is notified or reported; d) a combined port visit to ports located in North Sea Port Netherlands and/or North Sea Port Flanders, is always charged with the tariff " in front of the locks"; e) quarterly or yearly subscriptions are valid for the entire port area of North Sea Port (Netherlands and Flanders);
18.2 If the tonnage certificate referred to in subsection b of paragraph 1 is not submitted or if it does not provide the required information, the load capacity shall be determined in tons or greatest width and / or LOA, in deviation from the provisions in parts a and b of paragraph 1 as determined by the Harbour Master.
Article 19 Registration and Reporting of inland navigation vessels 19.1 Immediately prior to the commencement of the barge’s visit to the port area, the user must report his arrival to the Harbour Master by means of a report via VHF maritime mobile radio- telephone. channel 9 (Vlissingen) and / or VHF maritime mobile radio-telephone channel 78 canal ports Terneuzen), and VHF maritime mobile radio-telephone channel 3 (Braakman port) 19.2 For the inland harbour dues owed, the user must notify the Harbour Master of all data relevant to the calculation and invoicing of the payable inland harbour dues either by means of an electronic report or via VHF maritime mobile radio-telephone. This notification must be complete and accurate and must be made before the final departure from the port area.
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19.3 The notifications as referred to in the second paragraph must be made to the electronic address determined by the Harbour Master using a message definition and protocol to be determined by the Harbour Master. 19.4 If the user has not made a statement, or not made a statement in good time, as referred to in paragraph 2 of this Article, or has made an incorrect statement without a timely correction, (administration) costs of €20.00 (twenty Euros) will be charged. If too little has been paid due to an incomplete or incorrect statement, a surcharge of 10% of the total amount to be paid may also be charged. 19.5 If the user has failed to report and / or make a statement as referred to in the first and second paragraphs of this Article, the harbour dues will be calculated according to the tariff that results in the highest amount to be paid. In this case, North Sea Port may also charge a user fee amounting to 25% of the highest amount payable. 19.6 At the request of the Harbour Master, the tonnage certificate of the vessel shall be submitted with the statement.
Article 20 Duration of stay: inland vessels 20.1 The calculation of the inland harbour dues is based on the period from the occupation of the first berth were harbour dues are payable within the cross-border port area managed by North Sea Port Netherlands and North Sea Port Flanders, up to the departure from the last berth for which harbour dues are payable within the cross port within the cross-border port area managed by North Sea Port Netherlands and North Sea Port Flanders 20.2 The calculation referred to under paragraph 20.1 assumes that these berths for which harbour dues are payable are managed by either North Sea Port Netherlands or North Sea Port Flanders, without the inland water vessel crossing the geographical borders of the municipalities of Vlissingen, Borsele, Terneuzen, Zelzate, Evergem and Ghand. 20.3 For the calculation of the harbour dues referred to under paragraph 20.1, it is allowed to occupy between times berths for which no harbour dues are charged or that are not managed by North Sea Port, provided that these berths are located within the borders referred to in paragraph 20.2.
Article 21 Exemptions for inland vessels 21.1 Inland harbour dues will not be charged for the use of the port area by: a) a vessel, when North Sea Port has agreed to a different tariff by means of a written agreement; b) a tugboat, only insofar as this is used for giving normal assistance to seagoing vessels when entering and leaving the port; c) a tugboat or pusher boat, only to the extent that it forms a unit with another inland vessel; d) an inland vessel, for a maximum of eight periods of 7 days when the port and its services are only used for docking or carrying out repairs for a ship repair facility in specially intended and / or its own berths, provided both the start and end time of the docking or repair work have been notified in advance to the Harbour Master in writing; e) a vessel in direct service of the State or the Province, provided that no persons or goods are transported commercially; f) a hospital ship; g) a training ship for the Rhine or inland navigation or the Navy or the Merchant Navy, exclusively used as such; h) an inland vessel located at Zijkanaal A, Noorddok or Beurtvaartkade in Terneuzen and Zijkanaal H in Sas van Gent under the following conditions: • that this berth is only used between Friday 3:00 pm and the following Monday 9:00 am, as well as on the following public holidays: New Year's Day, Easter Monday, King's Day, Ascension Day, Whit Monday, Christmas Day and Boxing Day, in which case the exemption will be extended until the day following one or more of these public holidays at 09:00;
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• that there has been no transhipment of cargo at other berths; i) a vessel awaiting the formation of a towing or pushing unit with a vessel for which inland harbour dues are payable, for a maximum of 18 hours; j) an inland vessel on Zijkanaal A, Noorddok or the Beurtvaartkade in Terneuzen under the following conditions: • this berth is only used for a period of no more than 18 consecutive hours, provided that both the time of arrival and departure are notified to the Harbour Master. • the exemption cannot be immediately succeed or precede another exemption; • there has been no transhipment of cargo at other berths; k) an inland vessel, when the use of the port and its services takes place solely in connection with the depositing or taking on board of a private vehicle or the delivery of ship's waste, up to a maximum of four hours. The Harbour Master must be notified in advance of the proposed transaction; l) a vessel that is used: 1. in direct service of North Sea Port 2. for the maintenance, improvement and expansion of the pott insofar as these activities are carried out on behalf of North Sea Port; m) an inland vessel that makes use of a loading and unloading facility that is in use at a company with which an agreement has been entered into with regard to the collection of harbour and quay dues, and to the extent that cargo is taken or unloaded for this company.
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Chapter 4 Port reception facilities Article 22 Nature of the contribution
22.1 Under the term "contribution of port reception facilities" hereinafter referred to as "contribution", the operator of a seagoing vessel calling at the port owes a contribution as referred to in Article 6a paragraph 1 APPS (www.wetten.overheid.nl) to the costs of receiving, storing and processing the ship’s waste in the port area (Marpol 73/78).
22.2 The operator referred to in paragraph 1 shall owe the contribution from the moment of commencement of the use of the port area as referred to in Article 9 of these General Terms and Conditions.
22.3 The contribution is due at every visit, however, a visit which takes place after a necessary period of waiting out of port at another berth is not considered as a new visit.
22.4 By paying the contribution, under Article 6a paragraph 1 APPS, the operator of the seagoing vessel receives the non-transferable right to transfer ship-generated waste during the stay of the ship within the port area to a holder of a port reception facility as referred to in Article 6 paragraph 1 APPS with which North Sea Port has entered into an agreement as referred to in Article 6a paragraph 4 APPS.
22.5 The operator of a seagoing vessel that visits the port must provide all relevant data for the determination of the contribution to North Sea Port in a timely manner. Article 12 (No or incorrect notification and / or statement and inspection) is fully applicable to this Article.
Article 23 Principles, harbour dues and discharge rights
23.1 North Sea Port is port manager as referred to in Article 6 APPS.
23.2 In view of the provisions of Article 6a of the APPS, the basis for the contribution and the level of the harbour dues are laid down in the ‘port waste plan’ and the tariff overview. In the implementation of the harbour dues, the (largest) gross tonnage of a seagoing vessel, expressed in gross tonnage, applies as shown on the tonnage certificate.
23.3 The Director has the right to change the harbour dues as referred to in paragraph 2. Changes in harbour dues are published on the website (www.northseaport.com) of North Sea Port.
Article 24 Exemptions
24.1 In the latest version of the North Sea Port Waste Management Plan, a number of ships or categories of vessels are exempted or relieved of the contribution: • warships, ships in use as naval auxiliary vessels or other ships owned or controlled by a State at the time they are used exclusively in the service of the government for other than commercial purposes; • seagoing vessels with an exemption issued by the Human Environment and Transport Inspectorate; • fishing vessels that are members of the SFAV (Stichting Financiering Afvalstoffen Visserij); • seagoing vessels which only use the Dow Schelde jetty during the port visit; • seagoing vessels without propulsion and crew stay.
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Chapter 5 User rights
General
Article 25 (Nature of) user rights 25.1 For the general use of the port area North Sea Port can grant the user a right of usage for the following: a) the use of land (including the quay platform for which use further conditions have been set), water, works, installations and / or other movable/immovable property belonging to North Sea Port via the entitled user for which no other compensation is paid (any longer) to North Sea Port; b) having objects or parts thereof in, on, under or above ground / water belonging to North Sea Port; c) having an entrance and / or exit and / or an access driveway and / or connecting road that connects and / or is located on the ground (s) belonging to North Sea Port; d) having a connection point to, and use of, the rainwater drains belonging to North Sea Port. 25.2 The user must at all times request permission in writing from North Sea Port for use of the port as referred to in the first paragraph of this Article. User can address this request for permission to the director of North Sea Port. 25.3 The right of use as referred to in the first paragraph of this Article is only formed after written confirmation thereof by North Sea Port, for which (administration) costs may be charged. 2.4 For the right of use, the user must pay North Sea Port a user fee from the moment the actual use has commenced. This user fee is also due if objects are found in, on, under or above ground / water belonging to North Sea Portthat have been placed or brought there for the benefit of the user.
Water intake
25.5 The user must pay a fee for the intake of (drinking) water. The delivery and collection takes place as described in the tariff overview.
Use of quay platform and port infrastructure
25.6 For the use of the quay platform for the storage of objects and cargo, a user fee is due in accordance with these applicable General Terms and Conditions of North Sea Port and the associated rates overview. 25.7 The normal daily maintenance and cleaning of the quay platform and the installations and facilities present on it, arising out of and in connection with the use thereof, are for the account of the user. 25.8 When mobile cranes or other hoisting equipment are not in operation, these must be positioned in such a way that no crane arms protrude beyond the port side of the quay and that third parties are not hindered when using the quay platform by the presence of mobile cranes or other hoisting equipment. 25.9 The user shall ensure that no cargo is placed on the quay platform or roadways, that no vehicles or cranes are parked or positioned on crane runways, rail tracks, utility points and further wherever this is not permitted in the opinion of the Director.
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25.10 The quay platform’s maximum permissible load may differ per quay platform but may not be higher than indicated by North Sea Port as the maximum permissible load. The user is at all times obliged to be familiar with the maximum permissible load of the quay platform and must abide by it. At the request of the user, North Sea Port shall provide the relevant information. Damage to the quay or quay platform or in any way caused to the detriment of North Sea Port or third parties as a result of an overload due to actions by or on behalf of the contracting party, shall at all times be at the expense of the user. This also applies to any overhead costs incurred by North Sea Port in this regard. 25.11 For the use of the quay platform by mobile port cranes, measures must be taken to protect the surfacing by using outrigger pads or comparable protective material as determined by North Sea Port. 25.12 The terrain paving, which will be connected to that of the quay platform, must be constructed with such a downward gradient that no rainwater or other liquids from the site can or may run down to the port via the quay platform. 25.13 Without prejudice to the applicable laws and regulations, it is prohibited to tranship or store oil products, liquid chemicals, other (liquid) substances or gases on the quay platform without prior written permission from the Harbour Master, and without prejudice to the relevant provisions determined in the applicable North Sea Port Netherlands Port Ordinance and associated regulations. Special safety regulations may be attached to the permission in so far as this is not provided for in the statutory regulations and the regulations imposed by North Sea Port do not interfere with the statutory regulations. 25.14 The user is obliged to immediately notify the North Sea Port Harbour Master of the sinking of vessels and equipment, anchors or other objects in the water of North Sea Port. 25.15 The vessels, tools, anchors or other objects referred to in paragraph 14 must be disposed of within a period to be set by the Harbour Master. 25.16 If this is necessary in the port or ship's interest, or for carrying out maintenance or other works, the vessels moored on behalf of the contracting party must immediately be moved to another location upon first notification or announcement by or on behalf of the Harbour Master without the contracting party being able to claim compensation for any resulting costs. 25.17 The user is fully liable for all damages arising in connection with the use of the quay platform as a result of acts or omissions of its personnel and of those who are also involved in the performance of its business on or in the immediate vicinity of the quay. 25.18 The user indemnifies North Sea Port against all claims by third parties that are made in connection with the actions or omissions referred to in this Article.
Management of quay platform / ISPS
25.19 The users who receive or wish to receive seagoing vessels acknowledge that under the current Port Security Act (Bulletin of Acts and Decrees 2004, 341) the administrator of the port facility referred to in that Act must be in possession of a valid port security certificate. 25.20 The users referred to in the previous paragraph also recognise that this law, or at least the explanatory memorandum to the Bill (Parliamentary Papers II 29468, no. 3. P 8), means that the manager of the port facility is understood to mean the natural or legal person who has the use and operation of the terminal or quay. It follows that this user / contracting party will have to operate as a manager of its port facility within the meaning of the Port Security Act and is thus responsible for taking the required security measures when seagoing vessels dock at its jetty to discharge, load etc. 25.21 The intended user is aware that the Harbour Master of North Sea Port has been mandated by the competent authority regarding the Port Security Act to assess the security certificates referred to in the law and that employees of North Sea Port are charged with the supervision of compliance with the Port Security Act.
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Article 26 Entitlement of North Sea Port with regard to immovable property 26.1 In the payment of a user fee, North Sea Port guarantees that it is so entitled to the (immovable) property that it can legitimately levy the fee for user rights.
Article 27 Establishment and duration of user fee 27.1 The fee for user rights is established through an agreement to that effect with North Sea Port. This agreement can be concluded in writing, but also by the actual use (as described, inter alia, under Article 25 paragraph 1 a to d) by the user, provided that North Sea Port in establishing this actual use, declares itself in agreement in writing. North Sea Port may attach conditions to this agreement that the user accepts in advance at the start of the actual use. 27.2 North Sea Port reserves the right, for its own reasons, not to approve actual use. In that case, the user must terminate the actual use with immediate effect on first notification by North Sea Port 27.3 The duration of the user rights granted by North Sea Port shall be agreed in writing by North Sea Port and the user, in default of which, North Sea Port has the right to terminate the user rights with due observance of a reasonable notice period, having regard to the nature and duration of the use. 27.4 In the event that North Sea Port and the user have agreed on a certain duration for the right of use, North Sea Port reserves the right to terminate the agreement with regard to this right of use at any time with due observance of a reasonable term, without being liable for damages. The reasonable term will be related to the duration of the agreed period and the nature of the user right. 27.5 The nature of the user right may mean that the use is not exclusive to the entitled user. Exclusive use must be expressly agreed in writing.
Article 28 Fee for the right of use (user fee) 28.1 The user owes a (fixed) user fee for the user rights. The user fee is payable from the moment that the actual use has commenced on condition that North Sea Port agrees to the intended use. 28.2 In the tariff overview, it is indicated which user fee is due per type of user right and how it is established. 28.3 In those cases for which no special harbour dues are included in the tariff overview, either the general harbour dues as mentioned in the tariff overview will be applied or a different fee will be charged for this at the discretion of North Sea Port 28.4 For the calculation of the user fee, part of a unit of quantity or dimension mentioned in the tariff overview is counted as one unit. 28.5 If the user fee is due on the surface of an object, the surface of the projection of that object in a horizontal plane shall be taken as standard, unless otherwise stated in these General Terms and Conditions. 28.6 When placing, laying, hanging or displaying objects of any kind under, on or above the ground or the water belonging to North Sea Port, any required regulation shall include the spaces within or around these objects and/or areas rendered inaccessible to the North Sea Port and/or third parties and any reserved spaces within or around these objects. 28.7 In determining the user fee for cables and pipes, the width of the strip of land is calculated from the middle of the distance to the adjacent pipe on the other side. If no adjacent pipes are present, a strip width of one metre or a strip of half a metre on one of the sides of the cable or pipe will be calculated if no cable or pipe is present on this side. 28.8 For the calculation of the user fee, ‘year’ refers to the calendar year; ‘month’ refers to a period of thirty consecutive days; ‘week’ refers to a period of seven consecutive days and ‘day’ refers to one full twenty-four-hour day. 28.9 A part of a year, month, week or day or part of a linear or square metre and decimetre is always counted as one unit.
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28.10 In the case of the user fees being fixed exclusively per year, and if the payment of the user fee arises in the course of the year, a first-time user fee will only be charged over as many twelfth parts of a year as there are still calendar months remaining in that year (part of a calendar month will be counted as a whole month) and one twelfth part of the annual fee will be due for each calendar month. 28.11 The user fee is revised annually on the basis of the consumer price index established by the Central Bureau of Statistics for all households, based on the year preceding the calendar year in which the user charge is due for the first time. 28.12 The first review will take place on 1 January of the year following the moment at which the (actual) use has commenced as referred to in Article 28.1. 28.13 North Sea Port is entitled to adjust the harbour dues in respect of the user charge in the interim if market conditions so require. 28.14 The user’s request for the use of a quay or berth under the management or ownership of North Sea Port Netherlands can be cancelled up to 48 hours in advance. The costs of the requested user period are then charged.
Article 29 Exemptions 29.1 No user charge is due for an object in respect of which a fee has been agreed with the user by North Sea Port for a different reason. 29.2 North Sea Port is entitled to charge the user a fee for the construction or relocation of pipes, cables and other objects, when this installation or relocation takes place at the initiative of the user.
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Chapter 6 Additional provisions
Article 30 Notifications 30.1 All notifications, announcements, requests, assurances, cancellations and claims shall be in writing, unless it is stipulated that this must be done by registered letter or bailiff's writ. 30.2 A request by the user for permission for the execution of a (legal) activity must be submitted to the Director prior to carrying out the relevant (legal) activity and permission must be granted by the Director. 30.3 Any communication from the user directed to North Sea Port should be addressed to the Director unless another person is designated for this purpose on the basis of these General Terms and Conditions.
Article 31 Domicile 31.1 North Sea Port has opted to be domiciled at its office (4531 PD) Terneuzen, Schelpenpad 2 with regard to everything related to the agreement.
Article 32 Joint and several liability 32.1 If a right or obligation under the agreement and / or these General Terms and Conditions is vested in two or more (legal) persons, they shall designate one of them as a representative at the start of the agreement. 32.2 A change in the representation or (temporary) replacement must be immediately communicated to the Director by registered letter. 32.3 All notifications, announcements, requests, communications, cancellations, claims and acceptance of requests are made by, and to, the last representative known to the Director. 32.4 The paragraphs 1, 2 and / or 3 do not affect the joint and several liability of the various (legal) persons with respect to the fulfilment of the obligations arising for the user from the agreement and / or these General Terms and Conditions.
Article 33 Indivisibility of obligations / no offsetting 33.1 What is owed by the user to North Sea Port as set out in the agreement and / or the General Terms and Conditions is indivisible. 33.2 The user is not entitled to offset the amounts charged to him with any amount that North Sea Port owes him or to suspend payment of amounts charged to him for any reason whatsoever.
Article 34 Guarantee 34.1 At the first notification by North Sea Port (whether or not prior to the execution of the agreement), the user must provide sufficient guarantee for the fulfilment of the user’s obligations arising from the agreement and the General Terms and Conditions which form part thereof (for example by means of an advance payment, escrow, a bank guarantee or a group warranty). If North Sea Port requires an advance payment, North Sea Port is free to unilaterally determine the amount thereof. If the aforementioned guarantee is not submitted in time or not honoured, North Sea Port may refuse the user access to or departure from the port area.
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Article 35 Invoicing and payment 35.1 The payment of the amounts owed by the user under the agreement and / or these General Terms and Conditions shall be jointly and severally liable to any party who falls under the term ‘user’ on the understanding that for the invoicing of maritime harbour dues, the user who submits the first notification as referred to in Article 11 is the same user as in Article 35.4. Payment by one of these parties frees the other parties. The party who has entered into the agreement with North Sea Port, ensures that all parties that fall under the term ‘user’ are aware of the content of the agreement and these General Terms and Conditions. 35.2 The maritime and inland harbour dues are calculated on the basis of the statement and failing this, at the discretion of the Harbour Master, whereby Article 12 applies in full. 35.3 The user fee is paid in advance for a period of one year. This does not apply to the reimbursement for water, which is calculated on the basis of intake. 35.4 North Sea Port will send an invoice to the user for all amounts due under these General Terms and Conditions. The user is deemed to act professionally and by virtue of an undertaking and cannot fall back on his status as consumer / private individual, unless he states this in writing before the provision of the service. 35.5 The payment term of the invoice is 30 days unless a different payment term is stated on the invoice. 35.6 Disputes regarding the amounts charged by North Sea Port do not entitle the user to suspend payment. 35.7 The user is not entitled to offset the amounts charged by North Sea Port against any claim that he has or alleges to have against North Sea Port. 35.8 If the amounts charged are not paid in full within the period stated on the invoice, North Sea Port may decide to refuse the use of the port to the defaulting debtor. North Sea Port may also retain ships, cargo and goods belonging to the user and / or third parties and suspend their delivery until the user has fully complied with his outstanding payment obligation (s). 35.9 If the user has not paid the invoice or has not paid it in time or has exceeded a payment term agreed upon by the agreement, he is legally in default and North Sea Port is entitled to: • charge the statutory commercial interest (ex Article 6: 119a Dutch Civil Code) for the entire amount due from the moment the payment term (of the invoice) has expired • charge notification costs up to amounts determined as a standard by or on behalf of North Sea Port; North Sea Port is also entitled to set higher amounts as a standard for follow-up notifications. 35.10 All judicial and extrajudicial costs incurred by North Sea Port for the collection of its fee (s) are for the account of the user. The amount of the extrajudicial collection costs will be determined in accordance with the scale of the BIK Decree (Decision fee for extrajudicial collection costs), and will be claimed by North Sea Port from the user, unless it appears that the costs actually incurred by North Sea Port are higher, which costs will then be charged to the user. 35.11 In the event that North Sea Port owes an amount to the user for whatever reason, North Sea Port is entitled at all times to offset this amount, irrespective of whether or not that which the user owes North Sea Port is chargeable.
Back-payment
35.12 If North Sea Port has mistakenly failed to charge the user an amount that was owed on the basis of these General Terms and Conditions or if North Sea Port inadvertently charged too little, the shortfall will still be charged in accordance with the provisions of this chapter. This does not apply if no amount or too little has been charged due to an absent or incorrect statement by the user. In that case Article 12 applies.
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Article 36 Turnover tax (VAT) 36.1 All amounts and harbour dues included in the tariff overview are exclusive of any turnover tax due. If turnover tax is due under the provisions of the Turnover Tax Act 1968, the user will pay this turnover tax together with the invoiced amounts. 36.2 If a ship qualifies in the meaning of the Decree of 13 November 2018, no 2018-155014 (hereafter: 'the Decree') the VAT tariff is 0%. If the ship does not qualify, the VAT tariff is 21%. 36.3 Services provided to a ship qualify for the 0% VAT tariff if the ship i) is fully used for commercial purposes; and ii) is used for 70% or more for navigation on the high seas and: 1. are transporting passengers against payment; or 2.are pursuing an industrial, commercial or fishing activity. 36.4 North Sea Port will invoice the 0% VAT tariff and indicate on the invoice that paying the invoice equals the confirmation that the conditions stated in the Decree are met. 36.5 If the conditions of the Decree are not met, the user must notify us in advance; in that case we will issue an invoice with 21% VAT. 36.6 Should it become apparent that a ship does not qualify under the Decree and we wrongly stated the 0% VAT tariff on the invoice, the 21% VAT tariff will be charged to the user and paid to the Tax Authorities. The statutory tax interest that is payable to the Tax Authorities and any penalties will also be passed on to the user.
Article 37 Refunds
General 37.1 Refund of paid fees does not take place unless there is a clear error in the invoicing on the part of North Sea Port.
Regarding inland harbour dues
37.2 Early termination of the use of the port within the period in respect of inland harbour dues can only lead to a refund if there is demonstrable force majeure and there is also a statement for a period of one year. The following applies here: • User submits a written request for restitution to the Director. • If the request is honoured the following applies: o if more than nine months have elapsed, no amount will be refunded; o if less than nine months of the year have elapsed, the difference will be refunded between the due inland harbour dues (based on the quarterly rate of the number of quarters that has passed, with a quarter that has started taken as a full quarter) and the paid annual rate. 37.3 If the vessel departs from the port during the period of a calendar quarter or calendar year as referred to in the tariff overview of North Sea Port and returns there during the course of that period, the use of the port is not deemed to have been interrupted.
Article 38 Liability 38.1 North Sea Port is not liable for damage arising from or connected with the use of the port area and / or services by or on behalf of North Sea Port or provided by or on behalf of companies located within the port area in connection with that use, unless there is intent or gross negligence on the part of North Sea Port or persons for whom it is responsible under a statutory regulation. 38.2 Without prejudice to the provisions of paragraph 1 of this Article, the liability of North Sea Port for any damage is limited to the maximum amount to be paid by the insurer of North Sea Port.
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38.3 In connection with the provisions of paragraph 2 of this Article, the user must immediately notify the North Sea Port in writing of the damage after having discovered it, but no later than within 21 days. 38.4 North Sea Port is explicitly excluded from liability for consequential damages, such as loss of profits or reduced revenue. 38.5 Without prejudice to the provisions of paragraph 3 of this article, any legal claims with regard to damage lapse one year after the user could reasonably have been aware of this damage. 38.6 If North Sea Port is liable for damage, and the damage is not covered by the insurance policy, the liability of North Sea Port is limited to a maximum amount of €20,000 per incident. If there are several incidents which have resulted in the same damage, these are seen as one incident. 38.7 The user indemnifies North Sea Port against all third-party claims for compensation of damage as a result of any shortcoming in the fulfilment of the agreement by the user or a wrongful act committed by the user. In addition, the user indemnifies North Sea Port against all judicial, extrajudicial and other costs (including costs of legal assistance) that are related to the intended shortcoming or the unlawful act of the user.
Article 39 Force majeure 39.1 North Sea Port is not obliged to fulfil its obligations under the agreement as a result of an (unforeseeable) circumstance that cannot be attributed to North Sea Port and is not for its account pursuant to the law, a legal act or generally accepted opinion. 39.2 In respect of this Article, and in addition to those provisions stipulated in the law and jurisprudence, force majeure shall include in any case: accidents, war, terrorism, occupation, government measures, natural disasters, fire, explosion, exceptionally bad weather conditions, blockades, strikes , shortage of berth (facilities) and any other circumstance that is not reasonably foreseeable for North Sea Port and is beyond its control. 39.3 As long as the situation of force majeure continues, North Sea Port is entitled to suspend its obligations vis-à-vis the user. If the situation of force majeure lasts longer than two months and there is no concrete view of the outcome of this situation, North Sea Port and / or user is entitled to (extrajudicial) dissolution of the agreement without any obligation to pay compensation to the other party.
Article 40 Suspension and dissolution of the agreement 40.1 North Sea Port is entitled to suspend its obligations under the agreement or to dissolve the agreement (in whole or in part) without judicial intervention in the event of the following circumstances: a) suspension of payment or bankruptcy of the user or an application thereof; b) sale or termination of the user's business; c) an administration order or guardianship order is requested by the user; d) death of the user; e) cessation of user activities; f) failure of the user to fulfil any of its obligations under the Agreement, and - insofar as performance is not permanently or temporarily impossible - after the North Sea Port has given written notice of default and the obligation is not still fulfilled within the period stated in the notice of default or g) seizure of a substantial part of the user's assets or goods intended for the performance of the contract.
40.2 Upon dissolution of the agreement, every claim that North Sea Port has on user is immediately due and payable in full. 40.3 In the event of suspension or dissolution pursuant to paragraph 1, the North Sea Port is not liable for compensation of any damage or guarantee to the user or third parties. The user indemnifies the North Sea Port for this.
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Article 41 Provision of sanctions 41.1 In case of non-fulfilment or breach of its obligations arising from the agreement and the associated General Terms and Conditions, the user is in default without notice of default if the provisions of Article 6:83 Dutch Civil Code are met. 41.2 The user is also in default if, after notice of default, he does not (properly) fulfil his obligations within the period specified therein. 41.3 If there is a continuous obligation that is not fulfilled, fulfilment is no longer possible at any time with respect to the past and a notice of default can therefore only relate to the future. With regard to the past, the contract party is in default. 41.4 Unless the General Terms and Conditions specify a different penalty, the user who is in default and for whom compliance is actually still possible is due an immediately payable contractual penalty of, depending on the nature of the agreement, 10% of the value involved in the respective obligation c.q. the costs associated with fulfilling the obligation in question with a minimum of €500.00 for each week (part of a week counts as a whole week) that the contracting party continues to remain in default of correct compliance. The Director shall inform the contracting party of this in writing. This penalty is intended as a penalty to encourage the contracting party to comply sooner and is therefore emphatically not intended as legal compensation. The North Sea Port reserves the right to claim fulfilment and compensation in addition to this penalty. 41.5 The contracting party is obliged to pay the penalty as referred to in paragraph 4 within one month after the date of the invoice on which the amount of the due penalty is stated, without prejudice to his obligation to still comply correctly. 41.6 Unless a different, specific fine is stated in these General Terms and Conditions, the user who is in default and where compliance is permanently impossible, owes an immediately due and payable fine of €25,000 per breach of which the default has occurred. This penalty replaces the statutory compensation. 41.7 Without prejudice to the provisions under paragraph 6, North Sea Port reserves the right to claim additional compensation if the damage exceeds the penalty.
Article 42 Privacy and data registration 42.1 North Sea Port respects the privacy of all users and treats the collected personal data in its possession confidentially and ensures proper security of the personal data. 42.2 The following data fall under the responsibility of North Sea Port (a) the information provided and / or received under the contract; b) the data obtained in the framework of the camera surveillance initiated by North Sea Port 42.3 North Sea Port uses the data referred to in paragraph 2 for the execution of the agreement as well as for its debtor and creditor administration. This data includes, among other things, the collection of claims, including the recovery of payments due. If necessary, North Sea Port will, in connection with the collection or recovery of payments due, make the personal data available to third parties, insofar as these parties are involved in the collection or recovery. 42.4 In the context of the execution of the agreement, including, for example, misconduct within the port area by or towards user, or non-compliance with the provisions of these General Terms and Conditions, personal data may be provided by North Sea Port to, among others, salvage companies and / or police or other bodies, companies or persons involved. 42.5 The user gives his permission in advance for the acquisition and use of the (personal) data described in the previous paragraphs.
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Article 43 Transfer of rights and obligations 43.1 User can only transfer the rights and obligations arising from the agreement with North Sea Port to a third party if North Sea Port has given prior written permission for this. North Sea Port is entitled to attach conditions to this.
Article 44 Applicable law, complaints and disputes 44.1 Only Dutch law applies to all agreements, General Terms and Conditions and all rights, obligations and disputes arising from the General Terms and Conditions. 44.2 If the user has a complaint and / or does not agree with a decision taken by North Sea Port, within the framework of the agreement or the General Terms and Conditions, he can submit this in writing to the Director of North Sea Port, PO Box 132, 4530 AC Terneuzen. 44.3 Disputes which arise between the North Sea Port and the user will be resolved as much as possible in amicable consultation. 44.4 Disputes arising from the agreement or these General Terms and Conditions directly or indirectly will be subject to the judgment of the competent court in the district of Zeeland - West Brabant or the court of Rotterdam.
Article 45 Non-applicability of provisions and unreasonably onerous provisions 45.1 Insofar as a provision of the agreement and / or the General Terms and Conditions cannot be applied on the grounds of a court order or otherwise, all other provisions will remain in full force and the non-applicable provision will be replaced by a provision that can be applied and which deviates as little as possible from the non-applicable provision in view of the purpose and the scope of the agreement and / or the General Terms and Conditions.
Article 46 Headings 46.1 Headings in the agreement and the General Terms and Conditions are only intended to improve readability. No rights can be derived from this.
Article 47 Interim provisions 47.1 These General Terms and Conditions apply with effect from 1 January 2020. 47.2 These General Terms and Conditions replace the General Terms and Conditions and tariffs for the use of the ports of Terneuzen and Vlissingen of the public limited company North Sea Port Netherlands 2019. 47.3 The provisions of the General Terms and Conditions as referred to in paragraph 2 remain applicable to facts that occurred before the date of validity of these General Terms and Conditions.
Article 48 Official title 48.1 These General Terms and Conditions can be cited as: ‘General terms and conditions and tariffs for the use of the ports Terneuzen and Vlissingen 2020".
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