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Cargo ship procedure - Deviation clause and port of refuge
A deviation is a departure from the intended voyage or contract of carriage. This can occur either where the course of the voyage is specifically stated and is departed from or where the course of the voyage is not stated but the usual route or customary route is departed from.
However it should be noted that deviation does not necessarily mean a physical change in the course and can occur in a simple case of slowing down to receive stores at an intermediate off-port-limits call.
Deviation can be justified (i.e. excused) in the following cases;
- for the purpose of saving human life or aiding a ship in distress where human life may be in danger
- where reasonably necessary for the purpose of obtaining medical or surgical aid for any person onboard
- where reasonably necessary for the safety of the ship
- if authorised by any special term in the insurance policy
- where reasonably necessary so as to comply with an express or implied warranty
- where caused by circumstances beyond the control of the Master
- where caused by barratry of the Master or crew (if barratry is an insured risk). Barratry is defined as “An act committed by the master or mariners of a vessel, for some unlawful or fraudulent purpose, contrary to their duty to the owners, whereby the latter sustain injury. It may include negligence, if so gross as to evidence fraud.”
The Master has full authority to deviate from the intended route for the safety of life, the ship, her cargo or the environment.
Effects Of Deviation on Cover
When a ship, without a justifiable cause such as above, deviates, the insurance policies become null and void from the time of deviation. It is important to note that even if a loss occurs after the deviation is completed and the vessel has regained her normal route, the insurers will still not be liable for such a loss.
The effect of an unjustified deviation therefore is for the ship owner to lose all his normal insurance cover and in addition to lose his rights and defences available to him under the relevant Carriage of Goods by Sea Act.
Notification of Deviation
The Company must be advised by the Master as soon as possible of any actual or intended deviation so that owners, charterers, cargo interests and insurers can be advised. When the deviation, from whatever cause, is completed, the Master must again notify the Company.
PORT OF REFUGE
A port or place of refuge is a port or place to which a vessel proceeds in consequence of an accident, sacrifice or other extraordinary circumstance. The loading port or discharge port/place can be the port/place of refuge.
In case of deviation to a port/place of refuge, the Master must send (in addition to the previously mentioned information) the following to :
- A sketch plan showing the actual deviation of the vessel and the date/time of reaching its point of deviation on resuming its voyage.
- Consumption of fuel, lube oils, deck and engine stores specified from the point of deviation to the port of refuge, during the stay at the port and from the departure of the port to the reaching of the original point of deviation.
- As above for wages and overtime,
- As above for crew maintenance, i.e. daily food cost x number of crew.
- Any additional expenses not paid for by agent.
Note of Reference
Types of losses - Total or Partial or general average losses
A Loss can be described as being either Total or Partial (Particular Average). A Total Loss may be either an Actual Total Loss (ATL) or a Constructive Total Loss (CTL). An Actual Total Loss is where the vessel is actually destroyed or wrecked or where the owner is irretrievably deprived of his vessel e.g. when a ship is sunk in deep waters where any salvage attempt would be impossible. A Constructive Total Loss is when it appears that the vessel is unlikely to be saved or recovered or when she can only be recovered and repaired at a cost, which exceeds her insured value....
P&I Clubs guideline
The P&I Clubs are correctly called Protection and Indemnity Associations and number around 20 worldwide with the majority being United Kingdom based. The ship owner in taking out insurance with a particular association becomes a member of that Club. The Clubs are mutual in nature, which means that all costs involved in providing cover or paying out a claim to any one member is shared by all members. This is achieved by setting a rating or premium for the owner, known as an “advance call”, and is based on the owner’s history and exposure to risk.
War risks areas -related advisory
There are additional trading restrictions placed on the ship regarding so-called war risk areas. War risk areas do not necessarily mean an area where there is a war and may include hostile environments such as areas where civil commotion or revolution is taking place.
Cargo ship procedure - Deviation clause and port of refuge
A deviation is a departure from the intended voyage or contract of carriage. This can occur either where the course of the voyage is specifically stated and is departed from or where the course of the voyage is not stated but the usual route or customary route is departed from. However it should be noted that deviation does not necessarily mean a physical change in the course and can occur in a simple case of slowing down to receive stores at an intermediate off-port-limits call. ...
Salvage contract -Using The Lloyd’s Open Form for “No-Cure-No-Pay” salvage contract
The Lloyd’s Open Form or “LOF” is the most widely-used “No-Cure-No-Pay” salvage contract. In return for salvage services, the salver receives a proportion of the salved value (the value of the ship, its cargo and bunkers).
The Master’s Responsibility during Salvage Operation
Request for Salvage -
The Master shall normally request salvage after consultation with the Company. However he has complete authority to seek salvage assistance without reference to the Company if he considers this necessary.
Requirement of towing arrangement in oil tankers, readyness, & training onboard
All Oil, Chemical and Gas Tankers above 20000 DWT, constructed on or after 1st July, 2002, are equipped with an “Emergency Towing Arrangement (E.T.A.) both Forward And aft to provide the ship with a rapidly deployed towage capacity in an emergency.
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