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GENERAL PROVISIONS

 

§ 1 Use of the Schedule of Rates

 

1. This Schedule of Rates is used by the „WUŻ” Port and Maritime Services Ltd Sp. z o.o. in Gdansk acting in port and maritime traffic at the area of the Port of Gdansk, hereinafter referred to as „WUŻ” Gdansk and performing services covered by this Achedule of Rates.

 

2. Fees included in in this Schedule of Rates shall be binding unless the parties contracting the performance of a service have agreed otherwise.

 

                                                                           § 2 Settlement

 

1. The Rates in this Schedule of Rates are given in euros.

 

2. The rates shall be converted to the currency of payment with reference to an average rate in the tabulation of rates of the National Bank of Poland as at the day of completion of service unless the contracting parties agreed otherwise.

 

3. Payments under this Schedule of Rates shall be governed by current currency and financial regulations of the Republic of Poland.

 

4. The costs of activities related to the services performed on the basis of an instruction by the state administration authorities shall be covered by the party for whom the service was performed.

 

5. Any fees given in percentages shall be collected on top of the basic fees.

 

6. Invoices shall be issued in original to the employer.

 

7. Moorage and towage shall be based on the total vessel capacity (V) resulting from a product of its total length (L), width (b) and draught with reference to the summer marker (d), expressed in metres and centimetres, contained in the tonnage certificate or certificate of registry, provided that for the calculation of fees the total vessel capacity (V) shall be rounded off upwards to the nearest 1 m3. In disputable cases the information contained in the Lloyds’ Register of Shipping shall be mandatory.

 

§ 3  Ordering of Services

 

1. “WUZ” Gdansk performs services on the basis of an order submitted in writing by fax or by e-mail.

 

2. The employer entering into a service contract under this Schedule of Rates shall abide by all regulation contained herein.

 

3. The order shall be placed not later than 4 hours before the commencement of the service.

 

4. A service cancellation notice shall be placed at least 1 hour before the commencement of the service. If a service is cancelled within less than 1 hour from its commencement the costs incurred by “WUZ” Gdansk shall be charged to the employer.

 

 

 

§ 4  Responsibility of the Parties

 

1. The responsibility of the service provider following the performance of the services covered by this Schedule of Rates is defined in the provisions of this Schedule of Rates and in current rules, and in any cases not dealt with therein in the regulations of the Maritime Code and Civil Code.

 

2. “WUZ” Gdansk is responsible for damage occasioned during the performance of the services by fault of “WUZ” Gdansk. The burden of proof is on the party which attributes legal consequences to an occurrence.

 

3. Any damage shall be advised of by way of a report immediately but not later than within 24 hours from the time when the service was performed. The report shall be signed by the representative of the customer.

 

4. The responsibility of “WUZ” Gdansk for damage to goods is limited to the value of the goods not greater than 0.6 euro per 1 kg, the maximum being 10,500.00 euros for the entire damage. The responsibility of “WUZ” Gdansk covers claims to which a direct and normal cause-and effect relationship pertains.

 

5. “WUZ” Gdansk shall not be responsible for:

 

      1. damage and/or loss caused by natural calamities or other force majeure, or occasioned as an implication of a strike staff and/or contractors,

 

       2. financial implications of instructions or activity of state administration authorities,

 

        3. any damage caused by the rendering of assistance which “WUZ” Gdansk was obliged to render in the interest of the safety of a port, within the limits of necessity,

 

         4. punctuality in the handling of heavy items with the help of floating crane, in the event of:

*       unsuitable weather conditions

*       failure to agree the handling date with “WUZ” Gdansk in advance.

 

6. The employer shall be responsible for the correctness of the data in the order, in particular for any damage occasioned by errors or insufficient data contained in the documents or submitted otherwise, and for damage occurring due to the fault of his employees or authorised persons.

 

§ 5  Miscellaneous Provisions

 

 

1. Irrespective of the provisions in §2-4, the provisions contained in the “Clarifications” pertaining to the particular chapters of this Schedule of Rates are also binding.

 

2. As for the loading, unloading, handling, storing and port handling of hazardous goods, separate regulations of the state administration authorities shall be applicable.

 

3. Submitting a dispute to a court or arbitration shall take place upon exhaustion of the complaint procedure.

 

 

 

 

SERVICES FOR SEAGOING, HARBOUR AND INLAND NAVIGATION VESSELS

 

 

§ 6  Rates for Vessels Services

 

1. Fees for vessels services (towing, mooring) shall be charged withe references to the rates expressed in „Table of fees” in § 7 clauses 2 and 3.

 

2. The rates in columns „A” and „B” cover:

 

         1. Column „A” – towing or accompanying by 1 tug boat at routes specified in § 7 clause 1;

 

         2. Column „B” – mooring or unmooring of a vessel.

 

3. Table of fees (in EUR):

 

 

§ 7  Towage services – detailed provisions

 

1. The fees listed in column „A” of the „Table of fees” contained in §6 clause 3 shall be charged for towing or accompanying by one tug boat at the following routes:

 

        1. Roadstead – Port of Gdansk;

        2. Port of Gdansk – roadstead.

 

2. The following reductions on the fees in column „A” are available in the cases covered by  detailed provisions:

 

         1. tourist vessels (calls to Port of Gdansk) – 20%

 

3. The fees from column „A” shall be also used in the following cases:

          a. towing a vessel alongside the same wharf or in the same port basin, with a – 50%

          b. hauling a vessel from basin to basin – full fee from column “A”

          c. when the order for a tug boat was cancelled 1 hour before it was sent to manoeuvre, no fee  shall be chargered; after the above time limit a fee in the     amount of – 50% of the rate shall be charged

          d. for towing or accompanying which was interrupted and discontinued a fee in the amount of – 60% of the rate shall be charged

          e. for tug boat waiting for over 30 minutes by fault of the vessel a fee in the amount of – 25% of the rate shall be charged for every next hour or part of hour waiting

          f. for turning a vessel at the same wharf a fee in the amount of – 50% of the rate shall be charged

          g. for towing or hauling of the vessel not using its own engines a fee increased by – 50% shall be charged

          h. for towing or hauling in the ice period a fee increased by – 20% shall be charged

          i. for using its own towrope by the tug boat the amount of – 60 EUR

 

 

§ 8  Mooring services – detailed provisions

 

 1. The fees listed in column „B” of the table of fees contained in § 6, clause 3 shall be charged for mooring or unmooring of a vessel.

 2. The following reductions on the fees in column „B” are available in the case covered by detailed provisions:

           a. tourist vessels – 20%

  3. For the waiting of ordered wharfmen by fault of the vessel for over 1 hour a fee shall be chargered for every next hour in the amount of – 25% of the rate mentioned in column „B”.

  4. For the cancellation of the mooring service after the wharfmen have arrived to attend the vessel, a fee in the amount of – 25% of the rate, from column „B” shall be charged.

 

 

§ 9 Towing and pushing vessels

 

The basis for calculation fees for mooring and towing accompanying is the sum of the capacity of each element of towing and pushing vessels.

 

 

§ 10 Seagoing Ferries – port charges

 1. Towage service:

 

For the towing of or accompanying a seagoing ferry by 1 tug boat at the route from the roadstead to the Port of Gdansk or vice versa a fee in the amount of – 0,052 EUR per 1 m3 of the ferry capacity „V” shall be chargered.

 

       2. Mooring services:

 

For the mooring or unmooring of a seagoing ferry a fee in the amount of – 0,02 EUR per 1 m3 of the ferry capacity „V” shall be chargered.

 

 

§ 11  Clarifications to § 7 – 10

 

 1. The obligation to use towing and mooring services is defined in the port regulations.

 

2. Vessels not subject to using the services mentioned in § 7 clause 1, shall only pay in the case of using them.

 

3. The rates in this Schedule of Rates do not pertain to salvaging e.g. refloating a vessel and rendering assistance in danger even if such a case occurs doing a standard towing manoeuvre. In the case of salvaging, the parties conclude special contract „no cure – no pay”.

 

 4. For the towing or accompanying at the port premises of vessels without defined domensions or for towing vessels outside the water regions of the commercial port, hourly rates listed in § 12 shall be charged.

 

5. Additional fees:

 

 a. for the services covered by this Schedule of Rates performed on Saturdays, Sundays and solemn holidays the following additional fees shall me added to appropriate rates:

Saturdays – 70%

Sundays – 90%

Solemn holidays – 100%

  • New Year’s day
  • First day of Easter
  • 3rd of May
  • Christmas Eve (24 December) after 15.00 hrs
  • First day of Christmas (25 December)
  • 31st of December after 15.00 hrs.

 

 

 b. The additional fee for work on Saturdays, Sundays and solemn holidays shall be charged when a minimum of 50% the service was performer in those days provided that they Begin at 23.00 hrs of the previous day.

 

 c. WUZ Gdansk reserves the right to use bunker surcharge in the case of bunker price increase as a additional chargé to the standard tariff, contained in  § 6 – 10.

 

 

6. For the works outside the area administrated by the Port of Gdansk, the parties may enter into a separate contract.

 

 

 

 

RENTAL OF CRAFT AND AUXILIARY SERVICES FOR VESSELS

 

 

§ 12 Tug boats, pilot and motors

 

Rates per hour or part of hour:

Up to 140 metric horsepower – 77 EUR

from 141 to 180 metric horsepower – 104 EUR

from 181 to 350 metric horsepower – 135 EUR

from 351 to 500 metric horsepower – 156 EUR

from 501 to 800 metric horsepower – 267 EUR

from 801 to 1 000 metric horsepower – 350 EUR

from 1 001 to 1 250 metric horsepower – 393 EUR

from 1 251 to 1 500 metric horsepower – 478 EUR

from 1 501 to 2 000 metric horsepower – 590 EUR

from 2 001 to 2 500 metric horsepower – 707 EUR

above 2 500 metric horsepower, for every metric horsepower 100 KM – 29 EUR

 

§ 13 Pontoons

 

 

Fender pontoon, per every 24 hours or part of 24 hours – 34 EUR

 

 

§ 14 Floating crane

 

Rates for every half an hour:

 

Floating crane up to 63 T – 229 EUR

 

The following additional fees shall be added to the appropriate rate for the services of the floating crane on Saturdays, Sundays and solemn holidays:

 Saturday – 10%

Sunday – 20%

Solemn holiday – 25%

  • New Year’s day
  • First day of Easter
  • 3rd of May
  • Christmas Eve (24 December) after 15.00 hrs
  • First day of Christmas (25 December)
  • 31st of December after 15.00 hrs.

 

 

§ 15 Auxiliary services

 

The rates are charged for every hour or part thereof:

1. Wharfman, oridinary seaman – 38 EUR / h

2. Deck oficer, engineer oficer – 62 EUR / h

 

§ 16 Clarifications

 

1. The rates contained in § 12 – 14 shall apply to the rental not exceeding 5 days and nights. A separate contract may be concluded for the rental for a longer period.

 

2. Hourly rates for the use of craft shall applyto cases not covered by the services reconciled on a lump sum basis with reference to § 6 and 7. Separate contracts may be concluded for open sea voyages and services.

 

3. As far as hourly rates are concerned (excluding rent of floating crane DP-15 for which all fees are contained in § 14), the same additional fees shall be charged as in § 11 clause 5 and for towage services in § 7 clause 3.

 

4. The period of rental is counted from exit of the vessel from its base to the return to the base.

 

5. In the event of a large scope of works the parties may enter into a separate contract.

 

6. WUZ Gdansk reserves the right to use bunker surcharge in the case of bunker price increase as a additional chargé to the standard tariff, contained in § 12 – 14.