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Terms of Use for the Kiel University Library



§ 1

These Terms of Use apply to the primary facilities of the University Library (Central Library and sub-libraries) pursuant to Section 62 of the Gesetz über die Hochschulen im Lande Schleswig-Holstein ("Schleswig-Holstein Higher Education Act").

Part I – General terms of use Tasks of the University Library

§ 2

(1) The Central Library is the lending and repository library of the University as well as a public academic library serving as a source of literature for the region and beyond.

(2) The sub-libraries are specialised academic libraries which primarily serve to provide literature to the University institution with which they are affiliated. They are fundamentally reference libraries. Any options for borrowing are to be established on a department-specific basis based on these Terms of Use. In doing so, research and course needs must be taken into account. Reserve collections for staff members are permitted.

(3) Special terms of use are to be adopted for the individual sections of the University Library referred to in paragraphs 1 and 2. They require approval by the Head of the University Library.

Authorised users
§ 3

(1) All members of the University are authorised to use the University Library. However, the needs of the members of a University institution have priority in the use of the sub-library affiliated with such institution. The members of other University institutions are to be granted access to the sub-library in connection with academic or professional matters if the Central Library cannot provide the relevant literature.

(2) Other persons or institutions who have a need for academic literature are also authorised to use the University Library to the extent provided for in the Terms of Use for the Central Library or the Terms of Use for the respective sub-library or as provided by given agreements.

§ 4

Anyone who uses the University Library consents to the applicable terms of use. The library may have this consent additionally acknowledged in writing.

Library rules
§ 5

To the extent permitted under the circumstances, regular opening hours are to be established for the library and published both on-site as well as at a central location. If this is not possible, access must be ensured for authorised persons referred to in § 3 and such access must also be ensured outside the lecturing period. This must likewise be published.

§ 6

The collection must be recorded in catalogues. Labels, directions and instructions for use should permit the users to navigate the library.

§ 7

To the extent they are not at their assigned location or being temporarily in use in the same room, it must be possible to locate all books by means of a borrower register, a shelf dummy, a note in the catalogue, etc.

§ 8

The directors of the individual sections within the University Library are obligated to protect their collections against loss or damage to the extent possible. Personnel charged with administering the library are authorised to conduct controls of the users for this purpose.

§ 9

Appropriate measures must be taken in the case of collections which require particular protection due to their value or rarity. Their use may be subject to special restrictions. However, it must be ensured that such collections are accessible to authorised persons referred to in § 3 in connection with academic or professional matters despite such restrictions.

§ 10

Collections which are held in reserve collections for staff members, or are separately held for other reasons, must be made available for University members in connection with academic or professional matters as needed in the event there is no other copy of the required work available at the University Library.

§ 11

Within the confines of copyright law and in compliance with the duty to handle books with care, making copies of books from the reference collection is allowed if it is possible under the control of the libraries.

Disclaimer of liability for information provision
§ 12

The library assumes no liability for damages caused by incorrect information or the like it provides except in cases of wilful intent or gross negligence. Additional liability may not be agreed.

Duties of the users
§ 13

Users must treat each other with consideration and must act in such a manner that others are not disturbed. Instructions from personnel must be complied with.

§ 14

Users are liable for loss and damage to items of the library collection they use. The Director of the Library, or a designated representative, decides with regard to the assertion of claims for compensation.

Response to a breach of these Terms of Use
§ 15

To the extent the terms of use for the individual sections of the central institution University Library provide for lending, failure to comply with the loan period may be subject to overdue fines pursuant to § 19. Payment of the fines does not preclude other measures from being taken pursuant to § 16. (Special terms of use are to be adopted for the individual sections of the University Library under § 2 (3) of these Terms of Use.)

§ 16

Users who violate the provisions of these Terms of Use repeatedly and seriously may be prohibited from using the library temporarily or permanently in whole or in part by the Director of the Library. This applies in particular in cases of a violation of the duty to return borrowed books in due time.

Part II – Fees and expenses

User fees
§ 17

To the extent not otherwise provided below, no user fees are imposed.

Administrative fees
§ 18

(1) In the case of inter-library loans from German or international library systems, a fee equal to the postage costs of a standard letter will be charged for each volume or copy delivered. [New rates pursuant to the University Fee Rules for the University Library dated 4 March 2008].

(2) A fee of EUR 3.00 will be charged for the issuance of a replacement machine-readable user ID card.

(3) Fees pursuant to paragraph 1 are due on the date on which the user is notified that the volumes or copies requested are available; § 20 applies in all other respects. Fees under paragraph 2 (1st clause) are imposed upon application for a replacement user ID, fees under paragraph 2 (2nd clause) are due and imposed upon return of the borrowed volume.

Additional fees
§ 19

(1) Overdue fines are due where the loan period is exceeded. [The prior provisions governing fees were repealed through the Gesetz über die Gebühren an den staatlichen Hochschulen des Landes Schleswig-Holstein ("Act on Fees at Public Institutions of Higher Education of the State Schleswig-Holstein"), as amended on 28 April 1995. They were replaced by separate University Fee Rules for the University Library (in the version of 4 March 2008) containing the following provisions:

Overdue fines will be imposed as follows in the event of a failure to comply with the loan period for books borrowed from the University Library:
Overdue-notice - level 1 EUR 2.50
Overdue-notice - level 2 EUR 8.00
Overdue-notice - level 3 EUR 15.00

An annual user fee of EUR 18.00 will be imposed for the use of the University Library by persons who are not members of the Kiel University or another institution of higher education operated by the State of Schleswig-Holstein and are not members of the Alumni-Vereinigung Kiel e.V.

A procurement fee in the amount of EUR 1.50 will be charged in addition to required postage in the case of inter-library loans.
]

(2) Sections 239-299 of the Landesverwaltungsgesetz ("Schleswig-Holstein Administration Act") apply accordingly with regard to the overdue-notice procedure and enforcement of overdue fines. A reminder is permitted pursuant to § 20 (3) prior to the first overdue notice.

Expenses
§ 20

(1) Users will be charged all expenses which the library incurs on behalf of a user for obtaining a book as part of a German or international inter-library loan, by sending books, making reproductions or other special necessary measures.

(2) A fee of DM 0.10 each will be charged for provision of the borrowing certificates required for inter-library loans. [Repealed pursuant to the University Fee Rules for the University Library dated 4 March 2008]

(3) Postage costs incurred by the University Library in connection with overdue notices will be charged to the user as expenses. Postage costs may also be charged pursuant to special Terms of Use (§ 15) for reminders sent prior to the first overdue notice.

(4) Fees related to inter-library loans are due on the date on which the volumes or copies obtained are made available to the user by the library; they are generally imposed concurrently. Other expenses fall due and are collected when the materials are given to the user.

Fee waiver
§ 21

Subject to the requirements set out in Section 59 of the Landeshaushaltsordnung Schleswig-Holstein ("Budget Ordinance of the Land Schleswig-Holstein") dated 22 April 1971 (GVOBl. Schl.-H. - "Law and Ordinance Gazette of Schleswig-Holstein", page 162), as amended, fees and expenses may be waived or reduced upon application by a user. The Director of the Library or a designated representative decides regarding the application.

Part III – Transitional and final provisions

§ 22

(1) Fees and expenses which arose prior to the effective date of these Terms of Use will be imposed based on the provisions of prior rules and regulations.

(2) These Terms of Use enter into force on the day they are published. The Terms of Use for the Kiel University Library dated 9 February 1967 (NBl. KM. Schl.-H. - "Bulletin of the Ministry of Cultural Affairs of the Land Schleswig-Holstein", page 54) simultaneously cease to be in force.


Kiel, 24 July 1978
The University Board of the Kiel University
The President