of the Hamburg University of Technology (TUHH)
(This English translation follows the German Text of Law.)
(Relevant version since 01-04-2017)
Section 1 Intended purpose
(1) The University Library (TUB) is a central institution of the TUHH and provides, particularly for teaching and research, access to information sources on science and technology, services in the area of academic work and publishing for university members, as well as space for study and academic work. It also serves as a public library for academic purposes, work and lifelong learning.
Section 2 Authorized users and legal nature of library use
(1) Natural and legal persons pursuing one of the purposes outlined in section 1 are entitled to use the library; collective use is permitted where authorization has been granted, which encompasses the institution and its representatives.
(2) A user agreement, subject to public law, is established between the TUB and its users.
Section 3 Use authorization
(1) Those wanting to loan library items or order them for use in the reading rooms, or wanting access to digital collections, require authorization.
(2) Authorization can only be granted on an individual basis. It is granted on the presentation of a valid personal ID or a valid passport and confirmation of address from Hamburg’s Registration Office. University students should also provide a valid student ID. Minors who are not registered students at a Hamburg university need the written permission of their legal guardian.
(3) Authorized users are issued with a library card. The card remains the property of the TUB. It is to be kept carefully and is not transferable. If the card is lost, this must be reported to the TUB without delay. The library user is liable for damages resulting from the loss or misuse of the library card by third parties, even if she or he is not at fault.
(4) Authorization to use the library is for a limited period of time and can be granted with restrictions, obligations and conditions. If authorization is revoked or should it expire for other reasons, the library card is to be returned to the TUB or destroyed.
(5) In order to secure compensation claims and charges due, security payments (deposit/guarantee) can be requested.
(6) Legal persons should request authorization for library use by authorized representatives through the provision of personal data as per section 3, paragraph 3, as well as a signature and official/company stamp (address). Evidence of authorization to sign must be presented. The applicant should name authorized individuals who are entitled to hold a library card and, if necessary, the institution for which the authorization applies. The TUB shall be informed immediately should this authorization be revoked.
Section 4 Charges
(1) Use of the University Library (TUB) is fundamentally free of charge. Usage charges and expenses are levied for library use (e.g. exceeding loan periods) and particular services (e.g. interlibrary loans); for administrative services, administration charges apply as per the “Regulations on Charges for the University Library of the TUHH” in the current valid version.
(2) When providing his or her email address, the user agrees to receiving messages (e.g. return notices, reminders) from the library via unencrypted email or other digital communication methods.
Section 5 Opening times
(1) The opening times are stated on the TUB’s website.
(2) The TUB can temporarily close given adequate reasons. A temporary closure will be announced in good time with a reason stated on the TUB’s website.
Section 6 General rights and obligations for users
(2) The permission of the library management is required for photographing, filming or making sound recordings of any kind.
(3) Users are to treat library property and all furnishings, particularly technical equipment, with due care. It is not permitted to make changes (including entries, underlining, correcting print errors, etc.) to library property. No sheets are to be removed from loose-leaf collections and folders.
(4) Library users must check the condition of library property at the issue desk or prior to using the self-service issue machines and report any damage noticed immediately. Otherwise, it will be assumed that the user received the items in flawless condition.
(5) Library users must pay the full amount for a replacement within an appropriate timeframe in the event of damage to or loss of library property and objects, which occurred during use, even if the user’s fault cannot be proved. If damaged library property can be repaired, library users are to compensate the costs for this.
(6) Users must inform the TUB without delay of a change of name, address or email address on file.
Section 7 Behavior in library rooms
(1) It is in the shared interest of all library users to be quiet in the TUB’s rooms. Smoking, eating and drinking in the TUB is not permitted (with the exception of water bottles with a lid). Animals are not allowed in the library.
(2) The lockers are only to be used for the agreed time. The TUB has the right to empty lockers that have not been emptied on time.
Section 8 Restricting access and inspection rights at the University Library of the TUHH
(1) The director of the TUB may forbid entrance or order someone to leave the library; he or she may entrust other library employees to do the same.
(2) To ensure that its holdings are secure, the TUB may carry out inspections where necessary.
(3) During inspections, library users must produce an official ID or library card, any books, magazines and similar that they have brought with them, as well as showing the library staff member the contents of any folders, rucksacks or similar that they have with them.
(4) If it is suspected that lockers are being misused, these can be inspected.
Section 9 Liability of the University Library of the TUHH
(1) The TUB is only liable where losses or damages occur that are the result of intent or gross negligence.
(2) The TUHH is not liable for the loss of or damage to items that are brought into the TUB. No liability is assumed for lost property kept for safekeeping.
(3) The TUHH is not liable for the loss of keys, IDs, money and other valuable items. These items are not kept for safekeeping by the TUB.
(4) The TUHH is not liable for damages incurred as a result of deficient, incomplete, unavailable or delayed services. Liability due to intent is unaffected by this.
(5) The TUHH assumes no liability for the services of independent partners. When using equipment or services from contractual partners of the university, the terms and conditions of the partner in question shall apply.
(6) The TUB assumes no responsibility for the content of the media it makes available.
(7) The TUHH is not liable for damage to data, files, programs and electronic equipment resulting from the use of electronic equipment and/or software or damages caused by the use of power sockets in the library. This shall apply mutatis mutandis to damages to library users’ devices that occur as a result of using audiovisual media or library services.
II. Conduct in the University Library (TUB)
Section 10 Conduct in the reading room
(1) The reference collections may only be used inside the library.
(2) Desks may not be reserved. They are to be cleared at the end of each day’s work.
(4) The use of the computer workspaces is subject to special regulations (Regulations on Internet Access).
Section 11 Access to the closed stacks
The closed stacks may only be entered with a special permit.
Section 12 Use of valuable holdings
(1) Valuable holdings may only be viewed with due reason and only in the rooms allocated by the TUB for this. The necessary precautions for preserving the valuable items are to be observed.
(2) To protect privacy rights, the TUB can, for an appropriate period of time, exclude contemporary manuscripts and autographs, especially bequests, from use.
(3) Writings and images from the TUB’s valuable holdings may only be published with the TUB’s authorization. Particulars regarding the use of manuscripts, autographs, rare books and other valuable items can be agreed in a separate arrangement between the TUB and the library user.
Section 13 Restricted use
Library materials that are not suitable for unrestricted use can only be viewed if you have a credible legitimate academic or professional interest.
Section 14 General borrowing conditions
(1) Items held by the library can be loaned for use outside the TUB. The following exceptions apply:
a. Reference collections and library equipment
b. Loose-leaf editions, mathematical tables and maps, newspapers and similar
c. Unbound serial publications, individual folders of unbound journals or bound journal volumes
d. Typewritten doctoral theses
e. Manuscripts and autographs
f. Works of particular value, particularly those that are over 100 years old
(2) The loan of any item that is in particular demand may be restricted to the reading rooms.
(3) The TUB is entitled to restrict the number of items loaned by any user.
(4) Books from the textbook collection are only loaned on site to natural persons, and preferentially to students.
(5) Library users are not permitted to lend items they have loaned from the library to third parties.
(6) Exceptions can be made to the prohibition on loans outlined in paragraph 1 where due reason is given.
Section 15 Loan procedure
(1) The TUB determines the order and loan procedure, hold periods, loan periods and possible renewals as appropriate. The relevant terms are stated on the TUB’s website.
(2) Users locate a desired item themselves using the TUB catalogues.
(3) Items taken from the textbook collection or the reading rooms must be presented to the issue desk or borrowed using the self-service issue machines. To do this, users need a library card.
(4) On presenting or scanning his or her library card and the items’ catalogue number or issue data at the issue desk, the library cardholder is considered to be the borrower and is, as such, responsible for the library items from that point until their return.
(5) Borrowing items on behalf of other people is inadmissible.
(6) Ordered items are generally ready for collection within a set period determined by the TUB.
Section 16 Loan period
(1) The borrower is informed of the loan period when the items are issued or renewed.
(2) The loan period can be extended using the self-service issue machines if the item is not needed by another user and the borrower has met its obligations to the TUB. Renewals are to be realized with the issue system before the end of the loan period.
(3) The TUB can also recall an item before the end of the loan period if it is needed for official reasons.
(4) For teaching staff and other specific user groups, the TUB may determine, as appropriate, specific hold periods, loan periods and automatic renewals if the items are not needed elsewhere. This does not apply to items supplied by other universities or books from the textbook collection.
(5) If the borrower exceeds the loan period, charges will be levied as per the “Regulations on Charges for the University Library of the TUHH” in the current valid version.
Section 17 Returns
(1) The loaned library material is to be returned by the end of the loan period. Requests will not be issued. The user is also obliged to return the item if the TUB recalls it before the end of the loan period.
(2) On returning the item, the library user is no longer deemed to be the borrower once the note that the item has been borrowed has been removed from the issue system.
(3) Items are be returned at return points assigned by the TUB.
Section 18 Reservations
(1) Loaned items can be reserved for borrowing or use in the reading rooms from the date the item is returned. The users will be informed when the requested item is available.
(2) Information regarding who has borrowed or reserved an item will not be provided.
(3) The TUB is entitled to limit the number of reservations for a particular item or for particular users.
IV. Interlibrary loans
Section 19 Loans from other libraries
(1) Literature required for academic purposes, professional work or further education, which is not available in the TUB, can be ordered from another library through the intermediary of the TUB (interlibrary loan order). For this kind of use, the current German Interlibrary Loan Regulations (Leihverkehrsverordnung, LVO) apply.
(2) The user is informed following receipt of literature ordered from other libraries.
Section 20 Loans to other libraries
(1) For loans within the scope of the Inter-library Loan System for German libraries and international loans, the German Interlibrary Loan Regulations (Leihverkehrsverordnung, LVO) apply.
(2) The TUB is entitled to exclude items from loans to external libraries.
V. Other user services
Section 21 Information and special services
(1) Within the limits of its resources, the TUB provides information on the basis of its catalogues and collections, as well as other information sources.
(2) The library does not guarantee that the information, sources and research materials provided are accurate, complete and error-free.
(3) The library does not conduct valuations of books and manuscripts.
(4) For special services, the current valid version of the Regulations on Charges at the TUHH shall apply.
Section 22 Copying, printing and downloads
(1) Library users can use the self-service photocopiers in the TUB, paying any necessary costs.
(2) When printing and downloading digital literature, e.g. individual book chapters or journal articles, copyright regulations must be adhered to.
(3) Photographing and copying valuable holdings may only be done with the TUB’s approval.
(4) Users are responsible for observing copyright and personal rights regulations. Users are obliged to exempt the TUB of any liability for possible injury to the rights of third parties.
VI. Final provisions
Section 23 Data protection
(1) The TUB collects, saves, uses and processes personal data to the extent that this is necessary for the legitimate performance of its duties. This can also occur via contracted data processing. The relevant data protection provisions are respected. Information about user data is only provided in exceptional cases as defined by law.
(2) Usage data is deleted as soon as the item in question is returned and any outstanding charges, expenses and fees are paid and compensation payments made. Non-disclosure notices are deleted as soon as the underlying obligations are met.
Section 24 Scope of application
Section 25 End of user agreement
(1) Where the borrower does not return borrowed books or pay charges due, the TUB is entitled to stop the loan of further items to him or her and to block his or her user account until the user has met these obligations.
(2) If the user wants to end the user agreement, or should the prerequisites for authorization no longer be met, loaned items must be returned and any outstanding charges, expenses and fees must be paid and compensation payments made. If the user account is not used, it will be closed after two years if there are no claims on the TUB’s part.
(3) Students at the TUHH will not be able to graduate if they have not returned outstanding library items or if there are other claims on the TUB’s part.
(5) In the case of particularly severe infringements, the TUB is entitled to inform other libraries of the exclusion and its justification.
Section 26 Entry into force
Hamburg University of Technology (TUHH)