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General Terms and Conditions - Port of Rotterdam

General Terms and Conditions - Port of Rotterdam

General Terms and Conditions - Port of Rotterdam

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ARTICLE 19EXEMPTIONS19.1 Inl<strong>and</strong> port dues are not incurred for calls to the Inl<strong>and</strong> <strong>Port</strong> Area by:a. a Vessel or ship for which sea port dues are already owed or have been paid;b. an Inl<strong>and</strong> Vessel for a period not exceeding two months, only if <strong>and</strong> ins<strong>of</strong>ar the sole purpose <strong>of</strong> the call at the Inl<strong>and</strong><strong>Port</strong> Area is for docking or the performance <strong>of</strong> repairs at a Ship Repair Facility <strong>and</strong> provided that HbR NV receivesprior written notification <strong>of</strong> both the time <strong>of</strong> commencement <strong>and</strong> the time <strong>of</strong> completion <strong>of</strong> the docking or repair work;c. an Inl<strong>and</strong> Vessel for a period not exceeding two months, only if <strong>and</strong> ins<strong>of</strong>ar the sole purpose <strong>of</strong> the call at the Inl<strong>and</strong><strong>Port</strong> Area is to prepare the vessel for its maiden voyage <strong>and</strong>/or to perform an initial trial voyage following construction,change in crew, adjustment compasses or for the purposes <strong>of</strong> disembarking sick persons or casualties, provided that:1. the call does not last longer than strictly necessary <strong>and</strong>2. HbR NV has received prior written notification <strong>of</strong> the intended call.d. a hospital ship;e. a Houseboat or Commercial Ship;f. a Pleasure Craft used by an institution referred to in Article 6.33(b), Income Tax Act 2001;g. a Pleasure Craft where the visit to the Inl<strong>and</strong> <strong>Port</strong> Area does not exceed a period <strong>of</strong> two weeks, provided that if theuse <strong>of</strong> the Inl<strong>and</strong> <strong>Port</strong> Area exceeds that period, for the application <strong>of</strong> the rate <strong>of</strong> inl<strong>and</strong> port dues the term will bedeemed to commence from the start <strong>of</strong> that period.ARTICLE 20REFUND20.1 If inl<strong>and</strong> port dues are paid for a one-year period <strong>and</strong> the use <strong>of</strong> the <strong>Port</strong> terminates demonstrable <strong>and</strong> with goodreason prior to expiry <strong>of</strong> this term, then at the written <strong>and</strong> well-founded request <strong>of</strong> the Client, the amount overpaid willbe refunded. The amount <strong>of</strong> refund will be calculated by rounding the remaining period to the nearest whole month.20.2 The written <strong>and</strong> well-founded request as referred to in Article 20.1 must have been received by HbR NV no later thanthree months prior to expiry <strong>of</strong> the one-year period, failing which the Client forfeits all rights.ARTICLE 21COSTS AND INTEREST21.1 If HbR NV determines that the Client paid too little in inl<strong>and</strong> port dues, then the Client will owe the amount <strong>of</strong> the differenceplus a surcharge <strong>of</strong> 25% <strong>of</strong> the difference or € 25, whichever is greater. This surcharge will not be owed if the Client notifiedHbR NV in writing at its own initiative, no later than three weeks after the date <strong>of</strong> invoice, that the statement was incorrect.21.2 If the Client fails to pay within the period specified in Article 17.1 or 17.2, the Client is in default by operation <strong>of</strong> law<strong>and</strong> HbR NV is entitled to charge the interest, as defined in Article 119a, Book 6, Dutch Civil Code, over the entireamount due as from the payment deadline. All extrajudicial costs incurred by HbR NV in relation to the collection <strong>of</strong> theamount owed <strong>and</strong> not paid on time by the Client will be borne by the Client. These costs are fixed at 15% <strong>of</strong> theamount to be collected, unless HbR NV demonstrates that the actual costs it incurs are higher.4 WASTE FEE FOR SEAGOING VESSELSARTICLE 22LIABILITY TO PAY WASTE FEE FOR SEAGOING VESSELS22.1 If the Client makes use <strong>of</strong> the <strong>Port</strong> with a Seagoing Vessel, the Client is then liable to HbR NV for the payment <strong>of</strong> awaste fee for Seagoing Vessels, as defined in Article 6a(1) <strong>of</strong> the Prevention <strong>of</strong> Pollution from Ships Act, for the issue<strong>of</strong> ship-related waste containing oil (Annex I - MARPOL 73/78) <strong>and</strong> solid ship-related waste (Annex V - MARPOL 73/78),whether or not waste is actually issued.22.2 Payment <strong>of</strong> the waste fee for Seagoing Vessels is exigible from the Client at the moment specified in Article 5.2 <strong>of</strong>these <strong>General</strong> <strong>Terms</strong> <strong>and</strong> <strong>Conditions</strong>.GENERAL TERMS AND CONDITIONS 9

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