Terms and Conditions

Valid from 1 January 2022

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1. General

Hammerfest Havn KF carries out tasks within service provision, exercise of public authority and other public administration on behalf of Hammerfest Municipality. Hammerfest Havn KF shall contribute to and facilitate maritime business development in the municipality.

This document has been adopted by the Port Board of Hammerfest Havn KF and contains information about Hammerfest Havn KF’s terms and conditions. Information about prices is set out in a separate price document, which is available on our website.

All prices are in Norwegian kroner (NOK) and exclusive of VAT.

Hammerfest Havn KF is, among other things, subject to the following key legislation: Act of 21 June 2019 no. 70 relating to Ports and Fairways, which covers administrative services and provides the legal basis for charging duties and fees. The “Regulations relating to the collection of municipal fairway dues pursuant to the Act relating to Ports and Fairways for Hammerfest Municipality, Troms and Finnmark” were announced on 16 November 2020 and entered into force on 1 January 2021.

Fees for waste services are authorised under Act of 13 March 1981 no. 6 relating to protection against pollution and waste.

Charges for port security are authorised under the letter from the Royal Ministry of Fisheries and Coastal Affairs of 23 December 2004, stating that “expenses related to anti-terrorism preparedness in ports shall be covered by those who use the infrastructure”.

Other services not covered by legislation are related to commercial operations, and prices are therefore based on market conditions. Examples include services and infrastructure such as the use of quays, quay areas and other fixed assets, rentals, etc.

1.1 Port district

The port district covers the sea area of Hammerfest municipality, with quays and quay facilities distributed across three islands and the mainland in Hammerfest municipality.

Illustrasjon av Hammerfest Havn's dekkede område

1.2 Definitions

Duty: Paid as an indirect tax, regulated by law, linked to the use of the fairway in the municipality’s sea area.

GT: Gross tonnage. Unit stated in accordance with the International Convention on Tonnage Measurement of Ships of 23 June 1969. GT is stated in the vessel’s tonnage certificate.

Vessel: Any floating installation designed to move through water.

Fee: Paid to cover the cost of the goods and services to which the fees apply.

The municipality’s sea area: Area where the municipality has planning authority pursuant to the Planning and Building Act, with the exception of main and secondary fairways.

VAT: Value added tax.

NOK: Norwegian kroner.

Charge: Paid for use of Hammerfest Havn KF’s infrastructure and services. Charge rates are determined on commercial terms.

1.3 Opening hours and contact information

Ordinary working hours for employees of Hammerfest Havn KF:

Port office
08:00–15:30 on weekdays

Port Control
Outside opening hours, Port Control can be reached by telephone. Please note that additional costs may apply for extra work.

See section 3 for more information.

Contact information
Link to contact information

2. Pricing policy

Hammerfest Havn KF has a pricing policy that is, at all times, intended to be adapted to the market in which the enterprise operates.

The aim is to make the best possible use of quays, areas and other infrastructure, and to provide services in the best possible way in order to meet customers’ needs within the framework conditions that apply.

Where appropriate, for example in long-term customer relationships, prices may be established through special agreements with the individual customer.

The prices stated are indicative. Emphasis has been placed on establishing a list of indicative prices that is simple and clear, and that results in as little administrative work as possible for both customers and the port enterprise.

The Port Director, in consultation with the Chair of the Port Board, has been authorised by the Port Board to enter into situation-specific contracts and price arrangements that are not described in the price list.

2.1 Price and payment terms

  1. The customer shall pay prices, fees, charges and duties in accordance with the applicable price regulations. Hammerfest Havn KF may enter into written agreements where parts of the terms and conditions and price list do not apply. A separate written agreement will be entered into between Hammerfest Havn KF and the customer.
  2. All prices are stated in Norwegian kroner (NOK), and amounts are invoiced in NOK.
  3. Hammerfest Havn KF decides whether payment shall be made in cash, in advance, whether credit may be granted, and whether a bank guarantee or other equivalent security is required.
  4. The standard payment deadline is 14 days after the invoice date. A shorter deadline may be set in special circumstances.

2.2 Duty to provide information

Pursuant to “FOR-2019-12-11-1836 Regulations relating to the duty to provide information for transport planning, Sections 1 and 2, issued pursuant to Section 39 of the Act relating to Ports and Fairways”, users of the port, including vessels, freight forwarders and others, are obliged to provide Hammerfest Havn KF with all information necessary for the correct calculation of charges and fees, and in order to fulfil public requirements relating to statistics.

The master of the vessel, or a representative of the vessel, shall give advance notice to Hammerfest Havn KF before the vessel calls at the port district, where possible at least 24 hours before arrival. Advance notice should preferably be given via SafeSeaNet, by email or by telephone directly to Port Control.

Changes to or cancellation of the call shall be notified in advance in the same manner. If changes to arrival time or departure time occur less than 24 hours before the notified arrival, the vessel must cover the additional costs resulting from the change. Costs may be incurred by vessels that fail to report their arrival or departure.

2.3 Regulation of prices and payment terms

  1. The payment rates normally apply for one year.
  2. Irrespective of this, Hammerfest Havn KF may adjust prices during the budget year.
    1. The rates for electricity, fresh water and the labour cost component may be subject to adjustment in the event of increased cost price.
    2. The table of cargo charges may be expanded during the year if there is a need to price new cargo groups.
  3. Hammerfest Havn KF may change the standard payment terms during the period in which the payment rates in the price list apply.

2.4 Interest on late payment

  1. In the event of payment after the due date, interest on late payment will be charged in accordance with Act of 17 December 1976 no. 100 relating to interest on late payment etc.
  2. When charging interest on late payment, the rates applicable at any given time for the maximum rate of interest shall be applied.
  3. In the event of repeated incorrect, late or missing reporting, Hammerfest Havn KF will claim interest on late payment for the period during which invoicing is delayed. Interest on late payment shall be charged to the party that caused the delay.Interest on late payment will be applied after the third delay within a period of 12 months, where a warning has been issued after the first delay and a final warning after the second delay.If reporting has still not been submitted at the time interest on late payment is calculated, or is not sufficient to allow the interest amount to be calculated, a late payment fee will be applied instead. This is set at NOK 3,000 for the first instance and is doubled in the event of any repetition within a period of 12 months. If repeated delays give reason for it, cash payment, advance payment or other measures may be considered and required from the party causing the delays.

2.5 Collection

  1. Outstanding receivables that have fallen due shall be collected in accordance with Act of 13 May 1988 no. 26 relating to debt collection activities and other recovery of overdue monetary claims.
  2. Overdue claims will trigger a debt collection notice as the only payment reminder before the matter is forwarded to a debt collection agency for further processing.
  3. When a debt collection notice is issued, an administration fee/reminder fee may be applied in addition to the principal claim and interest on late payment.
  4. Collection of income pursuant to the enterprise’s price list normally takes place in accordance with private law rules.
  5. Collection of duties pursuant to Section 41 of the Act relating to Ports and Fairways constitutes an enforceable basis for distraint, and a maritime lien exists in the vessel in accordance with the rules on maritime liens in Act of 24 June 1994 no. 39 relating to maritime matters.

2.6 Administration charge

  1. When purchased goods and/or services are reinvoiced, where the supplier could have invoiced these directly to the recipient of the goods and/or user of the service, an administration charge will be applied in addition to the price of the goods/service.
  2. Additional administrative work in connection with invoices, payments or reminder/debt collection measures will be charged according to time spent.

2.7 Value added tax

  1. All payment rates in the price list are stated exclusive of value added tax. VAT is regulated in accordance with Act of 19 June 2009 no. 58 relating to value added tax, with associated regulations and decisions.
  2. As a general rule, output VAT applies to the sale of the right to use a municipal port, the sale of infrastructure services, and generally to the sale of goods and services.
  3. Output VAT is not applied where an exemption from VAT has been granted by law, associated regulations or decisions for the sale of specified goods and services for use by foreign vessels or Norwegian-registered vessels engaged in foreign trade, or where an exemption from the Act applies.

2.8 Complaints and disputes

2.8.1 Complaints

If the customer wishes to hold Hammerfest Havn KF liable for damages, delays or other claims related to the performance of port services, this must be submitted to Hammerfest Havn KF in writing without undue delay. Objections and claims may not be made later than three months after the date on which the customer became, or should have become, aware of the circumstances on which the claim is based.

2.8.2 Disputes

The parties’ rights and obligations pursuant to these provisions shall be governed in their entirety by Norwegian law.

Vestre Finnmark District Court shall be the legal venue for all legal disputes relating to the use of Hammerfest Havn KF and the interpretation of these provisions, unless otherwise agreed when entering into a contract.

3. Prices

3.1 Fairway dues

Fairway dues are determined in accordance with Sections 36 and 53 of the Act relating to Ports and Fairways.

Fairway dues are the vessel’s payment for use of the fairway and are charged once per call within the dues area. The dues shall cover costs related to the exercise of public authority and costs related to facilitating safety and accessibility in the municipality’s sea area.

Vessels calling at ports and installations for the operation of aquaculture facilities in the municipality’s sea area shall pay fairway dues. Fairway dues are charged per call. In the event of several calls at ports within the municipality’s sea area during the same 24-hour period, dues are charged only once. Installations for the operation of aquaculture facilities include feed barges and similar facilities. Hammerfest Havn KF requires vessels calling at ports and installations for the operation of aquaculture facilities to provide sufficient information to ensure that the invoicing basis is correct. This applies to vessels operating at aquaculture facilities, as well as those that do not use an AIS transmitter or that have a temporary fault with the equipment.

The Port Director has been delegated authority to make minor adjustments to the fairway dues.

3.1.1 Exemptions from fairway dues

  1. Vessels with an overall length of less than 15 metres and not exceeding 20 GRT.
  2. Vessels that pay a monthly fee.
  3. Icebreaking vessels in connection with safeguarding navigability pursuant to Section 6 of the Act relating to Ports and Fairways.
  4. Naval vessels.
  5. Vessels of the Norwegian Coastal Administration in connection with work in the fairway.
  6. Vessels calling at the port due to damage or emergency, where the stay does not exceed two days and the vessel does not load, unload or take on ship’s supplies or passengers.
  7. For vessels not subject to measurement requirements, the Port Board determines the minimum size for collection of the dues. What is considered a vessel in scheduled service is determined at all times by Hammerfest Havn KF.

3.1.2 Collection of fairway dues

Hammerfest Havn KF may require owners or operators of ports or port terminals to provide information as a basis for the collection of call dues.

3.1.3 Reductions

  1. For oil tankers measured in accordance with the 1969 Tonnage Measurement Convention, the volume of segregated ballast tanks shall not be included in the tonnage when calculating the vessel’s size pursuant to the preceding paragraph, provided that the volume of such tanks is clearly stated in the tonnage certificate. The conditions under IMO Resolution A.747(18) must also be met. For vessels that have not been measured, the tonnage is determined at all times by Hammerfest Havn KF.
  2. For vessels operating in regular scheduled service, fairway dues may be reduced by 60% of the applicable rates. What is considered a vessel in scheduled service is determined at all times by Hammerfest Havn KF.

3.2 Quay charge

The quay charge is the vessel’s payment for use of public quays owned or managed by Hammerfest Havn KF and is charged upon mooring. Vessels moored alongside another vessel are charged the ordinary quay charge.

  1. The quay charge is paid per commenced 24-hour period. Berthing time is calculated from the time the vessel is moored until it casts off. A quay charge is always paid for at least one 24-hour period.
  2. If a vessel changes public quay berth within the municipality’s sea area without, in the meantime, having been outside the boundaries of the municipality’s sea area, the berthing time shall be calculated as if the vessel had remained at the quay without interruption. This does not apply to vessels that have to anchor while awaiting an available quay berth.
  3. For vessels that, by order of Hammerfest Havn KF, must shift away from the quay to make room for another vessel and subsequently return to the quay, the berthing time is calculated as if the vessel had been alongside the quay the entire time.
  4. Even if a vessel is moored, it must at all times be able to shift or leave the quay when instructed by Hammerfest Havn KF.
  5. Vessels that call only for service, without loading or unloading, or that take on ship’s supplies or passengers, where the berthing time is less than two hours, may be granted a discount on the quay charge. The same applies if the vessel calls only for one consignment of urgent freight and the berthing time is less than one hour. The minimum price for the relevant vessel size will apply if the discount results in a quay charge below this minimum price.
  6. For commercial vessels less than 15 metres in length that remain alongside the quay for less than two hours, exemption from the quay charge is granted provided that arrival and departure are reported to Hammerfest Havn KF.
  7. Reserved quay berths cancelled less than one week before the call will be charged a cancellation fee corresponding to 50% of the ordinary quay charge per 24-hour period.
  8. Cruise ships may be invoiced with a surcharge or discount based on their EPI score (Environmental Port Index).
  9. Cruise calls are granted a 50% discount on the quay charge for the second 24-hour period, but not for the third 24-hour period and so on.

4. Maritime infrastructure

4.1 Quay booking

  1. Enquiries and bookings shall be addressed to Hammerfest Havn KF c/o Port Control, which allocates quay berths.
  2. Anyone intending to call at the port shall, no later than 24 hours before arrival, notify Hammerfest Havn KF c/o Port Control of the estimated time of arrival.
  3. A quay booking shall include the previous port, next port, the vessel’s security level, waste declaration form and a statement of cargo to be loaded or unloaded. It shall also state who is to be charged duties, charges and fees.
  4. Hammerfest Havn KF may also require additional information.
  5. A reserved quay berth cancelled less than one week before the call will be charged a cancellation fee corresponding to 50% of the ordinary quay charge.

4.2 Charge for use of the municipality’s sea area

Vessels anchoring in the roadstead in Hammerfest Municipality’s sea area shall pay a charge per 24-hour period.

Drilling rigs, pipe-laying vessels, crane vessels or other structures anchoring in the port area shall pay a charge for anchoring in the roadstead.

In cases where a vessel requires a closed-off sea area in connection with a stay in the port, a separate charge shall be applied. The amount of the charge is determined in each individual case.

Charges for anchoring in the roadstead are calculated on the basis of the size, nature and scope of the assignment.

4.3 Charges for small boat berths and guest berths

A charge shall be paid for the rental of small boat berths and berths at the guest quay. Boats moored alongside another boat are charged the ordinary charge.

See the regulations for floating dock facilities / marina facilities in Hammerfest Municipality.

4.3.1 Basis for calculating small boat berths and guest berths

Small boat berths are calculated on the basis of the berth width in metres, and guest berths are calculated on the basis of the boat’s length.

4.4 Sanitation / Waste management plan

Click here to download the waste management plan.

5. ISPS

All Norwegian and foreign vessels calling at an ISPS-approved port facility, including quays, areas and other infrastructure used in service provision directed at vessels, cargo and passengers in the port, shall pay a security charge. Vessels moored alongside another vessel are charged the ordinary security charge.

The security charge shall cover investment and operating costs for necessary security measures for safe traffic and transport of cargo and passengers, as well as anti-terrorism preparedness.

5.1 Basis for calculating the security charge

The security charge is calculated as a percentage of the quay charge per 24-hour period for all vessels. Actual costs for any security guard services will be charged in addition.

Cruise ships pay a security charge per passenger. Cruise ships with passenger turnaround pay for both embarking and disembarking passengers.

In cases where the security charge per passenger does not cover Hammerfest Havn KF’s costs for security measures, the security charge shall be paid in the same way as for other calls at ISPS-approved port facilities.

If changes to arrival time or departure time occur less than 24 hours before the notified arrival, the vessel must cover the additional costs resulting from the change.

In normal operations, the security charge is paid in accordance with the applicable price list for the use of infrastructure and services offered by Hammerfest Havn KF. In a situation where the security level is increased, the vessel must cover any additional costs relating to measures for the call.

6. Environment

In line with increasingly strict environmental requirements, and in order to help address many of the climate challenges Hammerfest Municipality faces in relation to the maritime sector, Hammerfest Havn KF will gradually introduce financial incentives to encourage more environmentally friendly maritime transport.

6.1 Environmental Ship Index (ESI)

The Environmental Ship Index (ESI) identifies seagoing vessels that perform better in reducing air emissions than is required by the current emission standards of the International Maritime Organization.

ESI evaluates the amount of nitrogen oxides (NOx) and sulphur oxides (SOx) released by a vessel and includes a reporting scheme for greenhouse gas emissions from the vessel.

ESI is a good indication of the environmental performance of seagoing vessels and helps identify cleaner vessels in a general way.

All stakeholders in maritime transport can use ESI as a means of improving their environmental performance and as an instrument for achieving their sustainability goals.

With more than 8,000 registered vessels, ESI has become the standard tool used by ports around the world to reward and encourage shipowners to meet and exceed IMO emission standards.

Hammerfest Havn KF’s price list will state the discounts applicable at any given time based on the vessel’s ESI score.

6.2 Environmental Port Index (EPI)

The Environmental Port Index (EPI) is a model for quantifying and reporting the environmental impact of cruise ships during port stays.

The aim is to provide incentives for green technological solutions, as well as to increase port costs for the most polluting vessels.

Cruise ships arriving at Hammerfest Havn must report data from the call no later than 72 hours after departure.

Hammerfest Havn KF’s price list will state the surcharges/discounts applicable at any given time based on the vessel’s EPI score.

7. Case processing

Pursuant to Section 14 of the Act relating to Ports and Fairways, an application is required for works that may affect safety, navigation or defence and emergency preparedness interests in the fairway. Hammerfest Havn KF is the permit authority for works within Hammerfest Municipality’s sea area.

Pursuant to Section 33 of the Act relating to Ports and Fairways, Hammerfest Havn KF sets a case processing fee for processing applications for works at sea.

7.1 Basis for calculating the case processing fee

The case processing fee is calculated on the basis of the scope of the case:

  1. Works relating to mooring installations, quays, docks, bridges, overhead cables, breakwaters, filling, dredging, vessel lay-up, wires, cables, pipes and light sources.
  2. Works requiring simple case processing, such as floating docks.
  3. Works that also require a site inspection.
  4. Pre-application conference.
  5. For follow-up of works carried out in breach of the permit, a fee shall be paid according to time spent.
  6. For applications comprising several works, an additional fee is calculated.
  7. When a project owner or requisitioner causes the processing of an application to be interrupted, payment shall be made according to the time spent.
  8. If an application for works is refused, the full fee shall be paid in accordance with the applicable price list for use of infrastructure and services offered by Hammerfest Havn KF.