Chartering of sea vessels.

Study and characterization of the content of a vessel charter agreement for a time, which is one of the types of property lease agreement - rental of a vehicle with a crew. Determining the size of a time charter agreement.

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Federal Agency for Maritime and River Transport

Federal state budget educational institution higher education

“State University of Maritime and River Fleet named after Admiral S.O. Makarov"

Faculty of Navigation and Communications

Department of Commercial Management and Law

Abstract on the discipline: “Maritime Law”

On the topic: “Agreement for chartering a vessel for a time (time charter)”

Completed by: cadet of group 311

Osipov V.I.

St. Petersburg 2017

A vessel charter agreement for a time is one of the types of property lease (lease) agreement - lease vehicle with the crew. Therefore, relations arising from such an agreement are governed by the rules contained in Section 1.3 of Chapter 34 of the Civil Code. In addition, the specifics of renting a vehicle such as a sea vessel with a crew are reflected in the rules of Chapter 10 of the KTM.

In the definition of a contract, first of all, its parties are named - the bearers of powers and subjective obligations. The parties to the agreement are the shipowner and the charterer. According to Article 8 of the MCC, the shipowner is the owner of the vessel or another person operating it on another legally, in particular, a shipowner, in addition to the owner, is any person operating a vessel under the right of lease, economic management, operational management, trust management etc.

The shipowner, on his own behalf, charters the vessel for a period of time to another person - the charterer. The latter needs a ship and therefore, on its own behalf, charters it for a certain period for the purposes of merchant shipping.

The use of such concepts characteristic of maritime law as “shipowner”, “charterer”, in contrast to the general civil terms “lessor” and “tenant”, indicates that a vessel charter agreement for a time cannot be equated to a general civil lease agreement.

The first responsibility of the shipowner is to provide the vessel to the charterer. In this case, provision is understood primarily as the transfer to the charterer of the right to use, the right to commercially operate the vessel on its own behalf.

The vessel is provided to the charterer temporarily, i.e. for a specified period, after which the charterer is obliged to return it to the shipowner. This period can be expressed in a calendar period from several months to several years (sometimes up to 10-15 years) or in the time required to complete one or more flights.

Time chartered vessels can be used to transport cargo. Therefore, standard time charter proformas are built taking into account the fact that a certain cargo will be transported on the vessel.

Along with the transportation of cargo, the commented article also mentions the transportation of passengers and “other purposes of merchant shipping,” which means fishing for aquatic biological resources associated with the use of vessels, exploration and development of mineral and other non-living resources of the seabed and its subsoil, pilotage and icebreaker assistance. and etc.

The ability to charter a vessel for purposes other than transportation of merchant shipping is one of the differences between a time charter and an agreement for the carriage of goods by sea and, in particular, from an agreement for chartering a vessel for a voyage charter.

A vessel temporarily chartered may only be operated for merchant shipping purposes. Under this agreement, the vessel cannot be used as a hotel, warehouse, or restaurant. This is what distinguishes a vessel charter agreement for a time from a property lease agreement.

The right to own the vessel is temporarily transferred to the Charterer. In matters of commercial operation, the ship's crew is subordinate to him. But in this case the ship does not leave the possession of the shipowner. Crew members remain his employees; his orders relating to the management of the ship are binding on all crew members. Therefore, there is every reason to talk about temporary dual ownership(or co-ownership) of the vessel.

The second responsibility of the shipowner is to provide the charterer with services for managing the ship and its technical operation. The strictly formal provision of such services goes beyond the scope of the lease and brings time charter closer to contracts for the provision of services, the results of which do not have a material form. However, in the Civil Code, contracts for the lease of vehicles with the provision of management and technical operation services are classified as one of the types of lease agreements. Thus, the legislation has finally resolved the issue of the legal nature of time charter, which was previously controversial.

The definition of a time charter establishes the charterer's obligation to pay the freight, since the vessel is provided to him for a specified fee. The contract, therefore, is of a compensatory nature. The amount of freight does not depend on the quantity of cargo carried or the efficiency of the vessel's operation in any other way.

Each of the parties to this agreement has the authority and responsibility legal responsibilities. A time charter is recognized as concluded from the moment the counterparties reach an agreement on all its essential terms. Finally, a time charter is a paid obligation. Hence, A time charter is a bilaterally binding, consensual and compensated agreement.

The terms of a time charter are determined primarily by agreement of the parties. Consequently, the provisions of the agreement take precedence over the provisions of Chapter X of the KTM. Thus, the rules contained in Chapter X of the MLC (with the exception of Article 198) are dispositive in nature. This means that they are subject to application if they do not contradict the agreement between the parties, or regulate relations that are not resolved or not fully resolved in such an agreement.

According to Art. 200 KTM “The time charter must indicate the names of the parties, the name of the vessel, its technical and operational data (carrying capacity, cargo capacity, speed, etc.), navigation area, purpose of chartering, time, place of transfer and return of the vessel, freight rate, validity period time charter."

The absence in the contract of any data from those specified in Article 200 of the Labor Code does not entail the invalidity of the contract, but may reduce the evidentiary value of the document formalizing the obligation.

The contract usually specifies the geographical area in which the charterer may operate the vessel. When determining the boundaries of this area, both the technical and operational parameters and characteristics of the vessel, as well as the commercial and political interests of the parties, are taken into account. The area of the world's oceans in which a vessel is allowed to navigate is usually determined by establishing a ban on operating the vessel in high latitudes or areas dangerous for navigation, or entering the ports of a certain coastal strip or of a particular state (states). This condition of the contract means that the ship can be sent to any geographical area with exceptions agreed upon by the parties and established in the contract.

Purpose of chartering may be specified in a time charter with varying degrees of certainty and detail. The contract, for example, may only indicate the type of activity: “for the transportation of legal goods,” “for the extraction of mineral resources.” The parties can also agree on transportation certain type cargo, such as grain, ore, timber, or the extraction of certain minerals. The agreement may determine the type of marine fishing or scientific research activity in cases where it is intended to use the vessel for these purposes.

The time charter specifies the time of transfer of the chartered vessel by the shipowner to the charterer and the time of its return (release from the lease).

This time is often indicated by specifying the period in which the ship must be transferred or returned (“from: to:”). Sometimes, along with the dates, the contract specifies the hours at which the transfer or return should be made (“between 9 a.m. and 6 p.m.:”). Typically, the return of the vessel should at least approximately coincide with the end of the period for which the time charter was concluded.

The shipowner is obliged to hand over the vessel for use to the charterer at an accessible berth or dock. The contract, as a rule, includes a condition that the vessel is in a safe condition at the berth or dock and is always afloat.

Time charter freight amount is determined on the basis of the daily rate for the vessel as a whole or the monthly rate for each ton of deadweight. The level of freight rates is determined taking into account conditions on the global freight market. The freight rate is influenced by information about the vessel, the area of its operation and other terms of the contract.

The period for which the contract is concluded, can be specified in the form of a period (usually from 2 to 10 years) or the time required to complete one or more voyages to transport cargo, tow or salvage operations, etc. (trip charter). The calculation of the period begins from the moment the vessel is provided for use by the charterer.

In practice, a time charter is concluded on the basis of printed proformas (standard forms) of time charters, which set out the most commonly used terms of these agreements. The use of proformas speeds up and facilitates the process of developing and agreeing on the content of the contract and makes it possible to concentrate on agreeing on the conditions that individualize the contract. In addition, the use of proformas to a certain extent contributes to unified regulation relations arising on the basis of an agreement.

According to paragraph 2 of Article 162 of the Civil Code, failure to comply with the form required by law entails the invalidity of the transaction only in cases expressly specified in the law or in the agreement of the parties. Article 633 of the Civil Code, while requiring the conclusion of a rental agreement for a vehicle with a crew in writing, does not provide for the recognition of the agreement as invalid due to failure to comply with the written form. Therefore, violation of the requirements of the law regarding the simple written form of the contract is associated with procedural and legal consequences: the fact of concluding the contract and its content in the event of a dispute can be proven by other written evidence (letters, telegrams, radiograms, telexes, faxes, etc.) and any other evidence other than witness testimony. chartering vessel rental

According to the terms of the time charter, the vessel must be properly equipped, i.e. equipped with everything necessary equipment, tools and equipment for the deck and engine room (cranes, booms, winches, cargo pumps, chains, ropes, replacement and spare parts, navigation instruments, etc.). When equipping a ship, the shipowner is obliged to equip it with items suitable for use for the purposes of the contract.

The shipowner is also obliged to fully staff the ship with a sufficient number and qualified crew.

In accordance with the terms of a time charter, the shipowner is obliged to maintain the ship in seaworthy condition during the term of the contract. In time charter forms this obligation is set out in more detail. The obligation to maintain the seaworthiness of the vessel involves ensuring that the shipowner is technically seaworthy throughout the entire contract, providing him with the necessary materials and supplies, with the exception of the bunker.

Under the terms of a time charter, the shipowner is required to pay the costs of insuring the vessel. Typically, insurance is carried out in relation to war risks, as well as risks relating to the ship's hull and its equipment, when the ship is used within the limits established in the time charter.

When providing a vessel for use by a charterer on the basis of a time charter, the shipowner, as an employer in relation to crew members, is obliged to pay for the maintenance of the crew. Crew costs include: wages crew, payment for provisions and drinking water, consular fees insofar as they relate to the crew, and expenses associated with the crew members going ashore. The shipowner is also obliged to pay state social insurance contributions for crew members.

The contract for the carriage of goods is drawn up using a charter for a flight, a booking note, a bill of lading, a sea waybill, and other shipping documents. By signing such documents, the charterer assumes the responsibility of the carrier. According to Russian legislation, this means, firstly, that claims related to non-preservation of cargo must be brought against him, and not the original shipowner, and secondly, liability for these claims is determined on the basis of the rules on the carrier’s liability for non-preservation of cargo (Article .166-176 KTM).

According to Russian law, the charterer under a time charter (the carrier under a contract for the carriage of goods by sea) is liable to the cargo owner - a third party on the basis of Article 166-176 of the KTM. Having compensated for the damage to the cargo owner, the charterer acquires the right of recourse (right of recourse) to its counterparty under the time charter - the shipowner. The latter's liability for a recourse claim is determined by the terms of the time charter. Consequently, the reality of compensation under a recourse claim depends on how the relevant conditions on the shipowner’s liability to the charterer in the time charter are formulated.

The captain and other crew members obey the orders of the shipowner related to navigation, internal regulations on the ship and crew composition. In navigation matters, the ship's crew is subordinate to the shipowner, who is obliged to ensure the safety of navigation.

While remaining employees of the shipowner, the captain and crew members are obliged to ensure the effective technical operation of the ship itself, all its mechanisms, apparatus, and accessories. The charterer must not interfere with either the navigational control of the ship or its technical operation, unless this directly affects the commercial operation of the ship.

The vessel must be equipped with a sufficient number and qualified crew. The size of the crew is determined by the shipowner, and the charterer has the right to insist on increasing it only when the number of crew does not meet the seaworthiness requirements of the vessel.

With regard to the commercial operation of the vessel, the captain and other crew members are subordinate to the charterer. The provision on the captain's subordination to the orders and instructions of the charterer regarding the use of the vessel is enshrined in the time charter proformas. In global merchant shipping, this condition (“implementation clause”) is called an employment and agency clause.

The subordination of the captain and other crew members to the charterer in matters of using the vessel means the implementation of his orders and instructions regarding business relations with contractors, port, customs, and sanitary services.

Payment of freight to the shipowner “in the manner and within the terms provided for by the time charter” means, first of all, the definition in the contract of the type of payment for freight. Time charter proformas usually state that freight is payable in cash. This condition should not be taken literally, since payment in cash also means in this case all types of payment equivalent to such payment, in which the payment is irreversible and gives the shipowner an unconditional and immediate opportunity to take advantage of the freight.

The contract usually also stipulates in what currency the freight is paid, the currency conversion rate, and the place of payment.

Article 198. Definition of a vessel charter agreement for a time (time charter)

Under a contract for chartering a vessel for a time (time charter), the shipowner undertakes, for a specified fee (freight), to provide the charterer with the vessel and the services of the vessel's crew members for use for a certain period of time for the transportation of goods, passengers or for other purposes of merchant shipping.

Article 199. Application of the rules established by this chapter

The rules established by this chapter apply unless otherwise established by agreement of the parties.

Article 200. Contents of a time charter

IN The time charter must indicate the names of the parties, the name of the vessel, its technical and operational data (carrying capacity, cargo capacity, speed, etc.), navigation area, purpose of chartering, time, place of transfer and return of the vessel, freight rate, period of validity of the time charter.

Article 201. Form of time charter

A time charter must be in writing.

Article 202. Contract for subchartering a vessel for a time (subtime charter)

1. Unless otherwise provided by the time charter, the charterer, within the limits of the rights granted by the time charter, may enter into, on its own behalf, contracts for the charter of a vessel for a time with third parties for the entire period of validity of the time charter or for a part of such period (subtime charter ). The conclusion of a subtime charter does not relieve the charterer from fulfilling the time charter concluded with the shipowner.

2. The rules established by this chapter apply to the subtime charter.

Article 203. Seaworthy condition of the vessel

1. The shipowner is obliged to bring the ship into a seaworthy condition at the time of its transfer to the charterer - to take measures to ensure the suitability of the ship (its hull, engine and equipment) for the purposes of chartering provided for by the time charter, to man the ship and to properly equip the ship.

2. The shipowner is not liable if he proves that the unseaworthiness of the ship is caused by defects that could not have been detected when he exercised due care (hidden defects).

3. The shipowner is also obliged, during the term of the time charter, to maintain the ship in seaworthy condition, to pay the costs of insuring the ship and its liability, as well as for the maintenance of the ship’s crew members.

Article 204. Obligations of the charterer for the commercial operation of the vessel and its return

1. The charterer is obliged to use the ship and the services of its crew members in accordance with the purposes and conditions of their provision, determined by the time charter. The charterer pays the cost of the bunker and other costs and fees associated with the commercial operation of the vessel.

Income received as a result of the use of a chartered ship and the services of its crew members is the property of the charterer, with the exception of income received from salvage, which is distributed between the shipowner and the charterer in accordance with Article 210 of this Code.

2. Upon expiration of the time charter, the charterer is obliged to return the vessel to the shipowner in the condition in which he received it, taking into account normal wear and tear of the vessel.

3. If the vessel is not returned on time, the charterer shall pay for the delay of the vessel at the freight rate provided for by the time charter, or at the market freight rate if it exceeds the freight rate provided for by the time charter.

Article 205. Liability of the charterer to the cargo owner

If the vessel is provided to the charterer for the carriage of cargo, he has the right, on his own behalf, to enter into contracts for the carriage of cargo, sign charters, issue bills of lading, sea waybills and other transportation documents. In this case, the charterer is liable to the cargo owner in accordance with the rules established by Articles 166 - 176 of this Code.

Article 206. Subordination of ship crew members

1. The captain of the ship and other members of the ship’s crew shall obey the orders of the shipowner relating to the management of the ship, including navigation, internal regulations on the ship and the composition of the ship’s crew.

2. The captain of the ship and other members of the ship’s crew are subject to the charterer’s instructions regarding the commercial operation of the ship.

Article 207. Release of the charterer from liability for losses caused by the salvage, loss or damage of the ship

The charterer is not liable for losses caused by the salvage, loss or damage of the chartered vessel, unless it is proven that the losses were caused by the fault of the charterer.

Article 208. Payment of freight

1. The charterer pays the freight to the shipowner in the manner and within the time limits provided for by the time charter. The charterer is exempt from paying freight and expenses for the vessel for the time during which the vessel was unfit for operation due to unseaworthiness.

If the ship becomes unfit for operation due to the fault of the charterer, the shipowner has the right to freight provided for in the time charter, regardless of compensation by the charterer for losses caused to the shipowner.

2. In case of delay by the charterer in payment of freight over fourteen calendar days the shipowner has the right to withdraw the ship from the charterer without warning and recover from him the losses caused by such delay.

Article 209. Loss of the vessel and payment of freight

In the event of the destruction of the vessel, freight is payable from the day provided for in the time charter to the day of the vessel's destruction or, if this day cannot be determined, to the day of receipt of the last news about the vessel.

Article 210. Remuneration for the provision of rescue services

The remuneration due to the vessel for salvage services provided before the end of the time charter is distributed in equal shares between the shipowner and the charterer, minus the cost of salvage and the share of remuneration due to the crew of the vessel.

Let's give an example from practice:

In 1978, in the case of The Apollonius, the English court... decided that, from a business perspective, commercial considerations clearly required the applicability of the ship's speed at the date of the time charter, regardless of the date of the charter. Based on this, it was decided that the charterer was entitled to compensation for damages (in accordance with the Baltime proforma), since the vessel was described as capable of reaching a speed of about 14.5 knots, but in fact could move when put on time charter at a speed of 10.61 knots due to fouling of the bottom.

Often the agreement specifies specifications the ship is approximately "about". Disputes may arise precisely in connection with determining the tolerance for deviations from the specified characteristics of the vessel. Here's an example:

“In 1988, when resolving an arbitration dispute, the question was: what tolerance can be recognized (if any) in connection with the word “about”? It was noted that the shipowner knew (or should have known) specific data about the performance of his ship. This made it tempting not to make any allowances for the word “about.” However, the court considered that it could ignore language that was expressly agreed between the parties and included in the charter, so the word "about" must be taken into account. In the circumstances of this case, it was decided that the word "about" would properly refer to a speed deviation of a quarter of a knot, rather than of half a knot, as had often been done in the past by London maritime arbitrators. The view that the word "about" should always allow a deviation of half a knot or five percent speed was also rejected by English court of appeal in the Arab Maritime Petroleum Transport Co. case. v. Luxor Corp. (The Al Bida) it was decided: the deviation should strictly depend on the design of the vessel, its size, draft, trim, etc. It is difficult for shipowners and charterers to predict in advance what deviation limits will be set.”

Navigation area; purpose of chartering. This point is also of fundamental importance. The vessel must be used on legal voyages to transport eligible legal cargo within the cargo area. The purpose can either be specified specifically or be of a group nature (for example, for transportation purposes). Accordingly, charterers undertake not to use the vessel, or allow the vessel to be used, other than in accordance with the terms of the insurance documents (including any warranties contained therein, express or implied), without the prior consent to such use of the vessel from the insurer and without compliance with such requirements as an additional insurance premium, or other instructions of insurers (clause 2 Baltime).

Most time charters have a clause requiring the charterers to use the vessel for voyages between safe ports. For example, clause 3 of the Linertime charter stipulates that “the vessel must be used in the lawful carriage of lawful goods only between good and safe ports or places...”. Clause 2 of the Baltime charter contains similar wording. Taken literally, these words place absolute responsibility on the charterers should the port to which they send the ship prove unsafe.

“In connection with the English case Leed Shipping v. Society; francaise Bune (the Eastern City), a judge of the court of cassation gave the following definition of a safe port in 1958: “a port is considered safe if, during the relevant period of time, a particular ship can enter it, use it and return from it without - in the absence of any - emergency events - a danger that could have been avoided through proper navigation and navigation...”

This definition is widely accepted as a correct description of the possible components of a "safe port". It covers both geographical and political security. It was taken as the basis for the definition of “Safe Port” by the authors of the “Definitions of terms used in charters relating to sailing, 1980.”

English House of Lords in the case of Kodros Shipping Corporation v. The Empresa Cubana de Fletes interpreted this obligation as requiring only the presumptive security of the port at the time of its designation.

The ship, chartered according to the Baltime proforma, arrived in Basra and was unable to leave the port due to the outbreak of the Iran-Iraq war. The shipowner claimed that the charterers violated the safe port clause of the charter. The House of Lords did not agree with him: the charter was not violated by the charterer, since the port at the time of appointment was presumably safe. The port became unsafe following the arrival of the vessel as a result of an unforeseen and extraordinary event.”

Time, place of transfer and return of the vessel. Charterers are obligated to return the vessel to a safe and ice-free port upon expiration of the charter period. Charterers are required to send preliminary notices to shipowners at least 30 days in advance, and final notices at least 14 days in advance, indicating the expected date, area of the ship's return ports, port or place of return. Any subsequent changes in the vessel's position must be immediately communicated to the shipowners (Baltime).

Typically, the contract includes a cancellation clause. According to this condition, if the vessel is not put into time charter by the date specified in the agreement, the charterers have the right to cancel the charter. If the ship cannot be put into time charter by the cancellation date, charterers, if there is such a request from the shipowners, must declare within 48 hours after receiving notification of the delay from the shipowners whether they are canceling the contract or accepting the ship for time charter (clause 22 Baltime).

If the ship is sent on a voyage the duration of which may exceed the charter period, charterers may use the ship until the completion of the voyage, provided that a reasonable calculation of such voyage allows for the return of the ship approximately within the time specified for the charter.

When the vessel is returned, it is inspected. Shipowners and charterers appoint their surveyors to determine and agree in writing on the condition of the vessel at the time of delivery and return of the vessel. At the same time, shipowners bear all the costs of survey when putting the ship into lease, including loss of time, if any, and charterers bear all costs of survey when taking the ship out of lease, including loss of time, if any, at the rate rent per day or proportionally for part of the day, including the cost of docking, if required in connection with the survey.

Freight rate. The charterer pays the freight to the shipowner in the manner and within the time limits provided for in the time charter. As a rule, freight is set for each calendar month. The contract must also indicate in what currency the freight is paid and the place of payment.

It is important to emphasize that the charterer is exempt from paying freight and expenses on the vessel for the time during which the vessel was unfit for operation due to unseaworthiness. If the ship becomes unfit for operation due to the fault of the charterer, the shipowner has the right to freight provided for in the time charter, regardless of compensation by the charterer for losses caused to the shipowner.

It should be emphasized that requirements for payment in “cash” may turn out to be a trap for rash businessmen, and this is exactly what is contained in the text of most proformas.

Let's give an example from practice:

“The Chikuma vessel was chartered under the Knipe charter. Payment for the vessel was transferred to the shipowners to their bank account in Genoa on time. However, the paying bank, located in Genoa, indicated in the telex transfer that the money was credited to the bank account four days later. In accordance with Italian banking practice, this meant that shipowners could not withdraw money from the account without paying interest until the date the money was credited to the bank account. The shipowners recalled the vessel from charterers' service. The dispute reached the House of Lords. Her decision: When payment fell due, the charterers failed to pay in cash. Accordingly, the shipowners had the right to withdraw the ship from operation in accordance with clause 5 of the charter. It was stated: “When payment to a particular bank is made in funds other than cash in the truest sense of the word, that is, by draft with payment in dollars or other legal securities(which no one expects), there is no “cash payment” within the meaning of clause 5, since the creditor does not receive the equivalent of cash or funds that can be used as cash. Accounting entry, made by the shipowners' bank on maturity into the shipowners' account, was certainly not the equivalent of cash... it could not be used to earn interest, that is, immediately transferred to a deposit account. The deposited amount could only be withdrawn from the account subject to a (possible) obligation to pay interest.”

Thus, parties interested in non-cash forms of payment must change the corresponding clause of the pro forma.

Duration of the time charter. Can be specified in days, weeks, or years. The period may be extended.

In accordance with Article 201 of the Code of Labor Code of the Russian Federation, a time charter must be concluded in writing. It is not the term of the contract (say, less than a year), nor the subject composition that matters. Written form only. As we emphasized, in certain cases, the agreement requires state registration.

When considering the form of a charter agreement, a logical question may arise: does failure to comply with the written form entail the invalidity of the transaction?

According to clause 2 of Article 162 of the Civil Code of the Russian Federation, failure to comply with the form required by law entails the invalidity of the transaction only in cases expressly specified in the law or in the agreement of the parties. Whereas Article 201 of the Code of Labor Code of the Russian Federation and Article 633 of the Civil Code of the Russian Federation do not provide for the recognition of a contract as invalid due to failure to comply with the written form.

Sourcenicknames

1 “Maritime transport lease agreement” (

2. Merchant Shipping Code (MCM) Chapter X. Vessel charter agreement for a time (time charter)

3. Legal reference book on merchant shipping (

4. Commentary on the Merchant Shipping Code Russian Federation(Edited by G.G. Ivanov)

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The form of the document “Vessel charter agreement for a time (time charter)” belongs to the heading “Vehicle rental agreement”. Save the link to the document on social networks or download it to your computer.

chartering a vessel for a time (time charter)

[place of conclusion of the contract] [date of conclusion of the contract]

[full name legal entity] represented by [F. I. O., position], acting on the basis of [charter, regulations, power of attorney], hereinafter referred to as “shipowner”, on the one hand and

[full brand name joint stock company] represented by [F. I. O., position], acting on the basis of [charter, regulations, power of attorney], hereinafter referred to as the “charterer”, on the other hand, and together referred to as the “parties”, have entered into this agreement as follows:

1. The Subject of the Agreement

1.1. The shipowner undertakes to provide temporary use to the charterer, and the charterer undertakes to accept and pay for the ship and the services of the ship's crew members.

1.2. The name of the vessel is "[fill in as appropriate]".

1.3. Technical and operational data of the vessel: lifting capacity [value] tons, cargo capacity [value] *, speed [value] miles per hour.

1.4. The boundaries of the use of the vessel are [fill in as necessary].

1.5. The purpose of chartering is [transportation of goods, passengers or other navigation purposes].

2.1. A time charter is for a period of [fill in as required].

2.2. Time and place (port) of transfer of the vessel to the charterer [enter as necessary].

2.3. Time and place (port) of returning the vessel to the shipowner [enter as necessary].

3.1. The freight rate is [value] rubles for [specify the period or quantity of cargo transported].

3.2. The charterer makes an advance payment in the amount of [value]% of the freight rate at the beginning of each period (voyage). The remaining freight is paid no later than [fill in as appropriate].

3.3. All payments are made in cashless form, by transfer Money to the shipowner's bank account.

3.4. The charterer is exempt from paying freight and expenses for the vessel for the time during which the vessel was unfit for operation due to unseaworthiness.

3.5. If the ship becomes unsuitable for operation due to the fault of the charterer, the shipowner has the right to the freight provided for in this agreement, regardless of compensation by the charterer for losses caused to him.

3.6. In the event of the destruction of the vessel, freight is payable from the first day of operation of the vessel by the charterer until the day of the vessel's destruction, and if this day cannot be determined, until the day of receipt of the last news about the vessel.

4. Responsibilities of the parties

4.1. The shipowner is obliged:

Bring the vessel into a seaworthy condition at the time of its delivery to the Charterer;

Take measures to ensure the suitability of the vessel (its hull, engine and equipment) for the purposes of chartering provided for in this agreement;

Provide the vessel with a crew and appropriate equipment;

During the term of the time charter, maintain the vessel in seaworthy condition, pay the costs of insuring the vessel and its own liability, as well as for the maintenance of the vessel's crew members.

4.2. The charterer is obliged:

Use the vessel and the services of its crew members in accordance with the purposes and conditions of their provision determined by this agreement;

Pay the cost of the bunker, fuel and other materials consumed during operation, as well as expenses and fees associated with the commercial operation of the vessel;

Upon expiration of the time charter, return the vessel to the Shipowner in the condition in which it was received by him, taking into account normal wear and tear of the vessel;

Promptly notify the shipowner of changes in location and/or postal address. If not fulfilled this condition all notifications of the shipowner will be considered received when they are received at one of the addresses specified in this agreement.

5. Responsibility of the parties

5.1. For late payment of freight, the charterer shall pay the shipowner a penalty in the amount of [value]% of the freight rate for each day of delay.

5.2. If the charterer is late in paying the freight for more than 14 calendar days, the shipowner has the right to withdraw the ship from him without warning and recover damages caused by such delay.

5.3. If the vessel is not returned on time, the charterer shall pay a penalty for the delay of the vessel at the freight rate provided for in this agreement, or at the market freight rate if it exceeds the freight rate provided for in this agreement.

5.4. The shipowner is not liable to the charterer for hidden defects of the ship.

5.5. The charterer is not liable for losses caused by the salvage, loss or damage of the chartered vessel, unless it is proven that the losses were caused by the fault of the charterer.

6. Governing Law and Arbitration Clause

6.1. The law of [insert country of applicable law] applies to this agreement.

6.2. Any disputes arising out of or in connection with this agreement are subject to final settlement by [indicate the body to which the parties intend to submit any disputes].

7. Final provisions

7.1. This agreement is drawn up in [meaning] copy(s) in Russian and [fill in as necessary] languages, and both texts are completely authentic.

7.2. This agreement comes into force from the moment of its signing and is valid until [day, month, year].

7.3. This agreement may be amended or terminated by agreement of the parties, as well as in court at the request of one party in the event significant violation contract by the other party.

8. Details and signatures of the parties

Shipowner: [full name of the legal entity]

[Bank details]

Charterer: [full name of the legal entity]

Location: [enter as required]

Postal address: [enter as required]

[Bank details]

[name of the position of the person who signed the agreement] [signature] /[deciphering the signature]/

It is no secret that office work negatively affects both the physical and mental state of the employee. There are quite a lot of facts confirming both.
Every person spends a significant part of his life at work, so it is very important not only what he does, but also with whom he has to communicate.

Form for concluding a charter agreement.

In accordance with current legislation, a charter agreement is concluded in simple written form. An agreement in writing can be concluded by drawing up a single document signed by the parties, as well as by exchanging documents through postal, telegraphic, teletype, telephone, electronic or other communications that make it possible to reliably establish that the document comes from a party to the agreement.

The preparation of a single document requires the greatest attention. The terms and conditions included by the parties in the contract should exclude as much as possible the possibility of ambiguity of interpretation. The document stipulates

The contract for chartering a sea vessel is one of the oldest in international law. In addition, given the constant demand for services provided by shipowners and other carriers, charter agreements are concluded very often. At the same time, the specifics of the vessel and its operation at sea do not allow us to limit ourselves summary basic terms of the contract, the parties are forced to regulate in detail many nuances. The result of long-term developments was the creation of standard proformas for charters of all types. Proformas have been developed, recommended or approved by such authoritative non-governmental international organizations in the field of shipping as the Baltic and International Maritime Conference (BIMCO), British Chamber of Shipping, IMO, etc.

Most often, charter forms consist of two parts - the first part, the so-called “box”, and the second part, containing the actual text. Proforma charters are used by signing the full text of the proforma with changes made by the parties, by filling out and signing the box part, by “filling out” the boxes with the terms agreed upon by the parties as a result of correspondence. In addition, when concluding various contracts related to the operation of the vessel, the parties may refer to a specific pro forma. In this case, from the point of view of Russian legislation, the pro forma charter will represent approximate terms of the contract, a reference to which is contained in the contract.

The commercial results of the flight, as well as minimizing the possibility of claims, largely depend on the knowledge of the terms of the main charter forms by the participants in the transport process, their competent and correct application.

For ease of use, all recommended proformas have line numbering, which remains unchanged regardless of the edition of the proforma and the language in which it is published. Thus, the parties have the opportunity, by signing an addendum or by correspondence, to agree on specific terms, exclude certain provisions from the pro forma or supplement it.

If the parties only refer to the proforma, it must be remembered that some proformas have the same name, but a different wording. Therefore, the year in which the required revision was approved should be indicated.

When adjusting the text of the pro forma, the parties must take into account that changing some conditions may change the legal nature of the contract and when interpreting the contract taking into account the rules of substantive law, regardless of the name of the contract, it will be necessary to be guided by the rules of law governing the actual relations of the parties.

When concluding a charter agreement with a specific counterparty for the first time, as, indeed, with any agreement, it is necessary to establish whether the charterer has the right to enter into such an agreement. Ideally, you should request copies of the constituent documents (Charter and certificate of registration), which will remain attached to your copy of the agreement until the end of settlements under it. If this is technically impossible (for example, the contract is concluded by correspondence, etc.), the charterer indicates the details of the constituent documents.

Often, when there is a need to contact the charterer during the execution of contracts, difficulties arise; therefore, the contract must specify the actual and postal address, as well as all other means of communication. The contract may include a condition obliging the charterer to promptly notify of a change of address, failing which all notifications from the shipowner will be considered received upon receipt at the address specified in the contract.

An important point is to establish the solvency of the charterer. Currently, vessels are often rented for specific transportation and fishing purposes with the condition that freight is paid from the income received from the operation of the vessel. Firstly, even a conscientious charterer in Russian conditions and taking into account the peculiarities of work at sea is not able to reliably predict whether income will be received and in what amount. The best way to protect the interests of the shipowner is to prepay the freight. In cases where this is not possible, it makes sense to use other methods provided by law to ensure the fulfillment of obligations. An open list of them is contained in Article 329 of the Civil Code of the Russian Federation, in particular, the fulfillment of obligations can be ensured by a penalty, a pledge, retention of the debtor’s property, a surety, a bank guarantee, a deposit and other methods provided for by law or contract.

Particular attention should be paid to the authority of the person signing the charter agreement. Most often, statutory documents grant the authority to act without a power of attorney on behalf of a legal entity to the general director or another, usually one, person. Thus, all other representatives act only under a power of attorney duly issued on behalf of the legal entity by its head. The power of attorney must be drawn up indicating the necessary powers, signed by the first manager and certified by a seal. A power of attorney issued without indicating the date of execution is void. The person to whom the power of attorney has been issued has the right to transfer powers to another person if this is stipulated in the power of attorney. A power of attorney issued by way of delegation must be notarized. According to Art. 183 of the Civil Code of the Russian Federation, in the absence of authority to act on behalf of another person or when such authority is exceeded, a transaction is considered to be completed on behalf and in the interests of the person who completed it, unless another person (represented) subsequently directly approves this transaction. To avoid misunderstandings, the shipowner should keep the original or a certified copy of the power of attorney of the charterer's representative during the term of the charter agreement.

3.2. Legality of the conclusion of the contract.

Article 168 of the Civil Code of the Russian Federation provides that a transaction that does not comply with the requirements of the law or other legal acts is void. Thus, when concluding a charter agreement, like any other, you should keep in mind whether the powers of the parties are limited by any regulations. Restrictions when concluding a charter agreement may mainly relate to the need in some cases to obtain the preliminary consent of the competent authorities (Roskomrybolovstvo, Department of Maritime Transport, etc.) to conclude a vessel lease agreement on bareboat charter terms. In addition, restrictions may relate to the availability of the necessary licenses and permits by the shipowner. If there is a dispute, any interested party can indicate that the transaction is void and demand in court the consequences of its invalidity. The same consequences are entailed by the inclusion in the contract of conditions that violate the current legislation on currency regulation, environmental protection, and the like. The application in court of the consequences of the invalidity of a transaction most often negatively affects the interests of the shipowner, who has already fulfilled his obligations under the contract to the charterer. That is why shipowners should check transactions with particular care to ensure compliance with current legislation, especially when the contract is concluded for a significant amount and for a long period. Non-compliance with the legislation of the vessel charter agreement on bareboat charter terms also entails refusal to register the vessel with the Maritime Administration in cases where this is necessary.

3.3. Rental rate, payment procedure and terms, penalties, set-off, possibility of applying the right of lien on cargo.

The legislation does not strictly regulate the procedure and conditions for making payments under a charter agreement. If the parties use standard proformas when concluding a charter agreement, it is often sufficient to simply indicate the freight rate for the period or for the quantity of cargo transported in the appropriate column. The terms and conditions will therefore be determined in accordance with those set out in the pro forma. The parties may also provide for a different procedure for calculating freight. In this case, it is necessary to indicate in the contract the freight rate (the amount to be paid), the payment procedure, that is, where and how the money is deposited, and the terms of payment. Failure to include any of these conditions in the contract may lead to disagreements in the interpretation of the contract, and, consequently. Difficulties in carrying out mutual settlements. The parties also have the right to provide for penalties for late payments in the charter agreement. Typically, it is set as a percentage of the outstanding amount per day. However, the fine rate can be set at a fixed amount.

In some cases, charterers arbitrarily withhold from the amount of freight due to the shipowner various expenses incurred by the charterers. From the point of view of civil law, such deductions (offsets) are possible only with the consent of the shipowner or if this is expressly stipulated in the contract. In any other case, the freight must be transferred in full, and all other mutual settlements are made additionally by the parties. The same applies to the application of the right of pledge on cargo: the shipowner has the right to apply the right of pledge on cargo only if this is expressly provided for in the contract. The difficulty is that, according to Russian civil law, foreclosure on the subject of pledge (for example, cargo) can only be carried out in court by selling the subject of pledge through bailiffs and paying out the amounts due to the shipowner from the sale. It is clear that it is practically impossible to foreclose on perishable cargo. In addition, agreements on the pledge of certain types of property are subject to special requirements, such as the need for notarization or registration with special authorities. Otherwise, the contract or pledge condition is invalid and cannot be applied.

In this regard, a more convenient form of ensuring the fulfillment of the obligation to pay freight may be withholding. According to Article 359 of the Civil Code of the Russian Federation, a creditor who has a thing to be transferred to the debtor or a person specified by the debtor, has the right, in the event of failure by the debtor to fulfill obligations on time to compensate the creditor for costs and other losses associated with it, to retain it until the corresponding obligation will not be fulfilled. Retention by force of law is applied and no provision is required to be included in the contract. Satisfaction of claims at the expense of retained property is carried out in court.

4.5.1. Basic provisions of chartering

Chartering is an agreement between the charterer and the shipowner (charterer) to hire a ship to perform specific voyages or hire it (lease) for a period of time for an agreed fee.

In the first case, the charterer needs to transport a certain volume of cargo in a certain direction and hires a ship for this purpose; organization and execution of the voyage, operational management of the vessel, crew management, most of the costs and risks of the maritime enterprise remain with the shipowner. Payment is made in the form of freight for the transported amount of cargo. These forms of chartering include: voyage charter, charter for successive voyages, general contract.

When chartering on time ship transferred under operational management to the charterer for a certain period. The charterer uses it for sea transportation at his own discretion, within the limits provided for in the contract; he also assumes the main travel expenses and commercial risks associated with the transportation of goods. Payment for the vessel is made in the form of rent for the period of use of the vessel, regardless of the results of its work. This group includes time charter and bareboat charter.

Chartering a vessel (fleet) for a time is divided into chartering under a time charter, bareboat charter and demise charter.

Long-term chartering practice has developed commonly used charter conditions, and this subsequently led to the development of standard charter forms (proformas). Currently, more than 400 proforma charters are known. They were developed under the auspices of the oldest and most authoritative organizations of the English Chamber of Shipping, founded in 1877, and the Baltic International Maritime Conference (BIMCO), founded in 1905.

There are proforma charters available for the carriage of coal, coke, grain, rice, peanuts, salt, fruits and fertilizers. For some cargoes, several charters have been developed depending on the direction of cargo flows. Transportation of cargo for which there are no special forms is, as a rule, carried out on the basis of a Jencon charter.

The advantage of proforma charters is that they take into account the interests of charterers and shipowners. Most of these charters are compromises of sorts, worked out after lengthy negotiations.

The use of proforma charters greatly facilitates the technique of chartering ships. In practice, charter conditions can be agreed upon by telephone, telex, or fax.

When chartering, the parties agree on the standard proforma of the charter and the changes to be made. Typed text in a charter form takes precedence over printed text. Often all changes and additions are summarized in the so-called addendum attached to the charter form (from the English addendum - appendix, addition).

Basic conditions of the charter. The range of conditions contained in the charter is quite wide. Let us limit ourselves to considering the most important of them.

1. Substitute - the right of the shipowner to replace the named vessel with another. This vessel does not have to be of the same type, but must have similar operational characteristics in order to ensure the transportation of a specified amount of cargo.

2. Seaworthiness. This means that the vessel must be waterproof, durable and strong and in all respects equipped for the voyage (tight, staunch and strong and in all respects fitted for the voyage).

3. Safe port. In cases where the charter does not specify a port or ports, a clause is made that the port must be safe. There is, first of all, port security by natural conditions. However, if any political events (uprising, civil strife) or military operations occur in the port, then it is not considered safe.

4. As close as the ship can safely get (as near as she can safely get). This condition is indicated in cases where the ship, for some reason, cannot approach directly to the place of cargo operations.

5. Always afloat. The vessel is under no circumstances obliged to carry out cargo operations if there is not a sufficient supply of water under the keel.

6. Laydays. The charter specifies the rules for applying cargo work standards, methods for calculating lay time, etc.

7. Demurrage - payment for demurrage. If the vessel is idle in excess of the norm, the shipowner must be reimbursed for its costs of maintaining the vessel during the stay.

8.Super-contrast steel (detention). Typically, charters provide for the right of the charterer to keep the vessel idle for only 5-10 days, after which it switches to super-stay. In this case, the charterer is obliged to pay not only the shipowner’s expenses for maintaining the ship, but also losses that may arise due to possible delays entailing, in particular, failure to fulfill obligations towards another charterer.

9. Dispatch. If the ship is loaded or unloaded earlier than the time stipulated by the contract, the charterer has the right to compensation for his efforts to complete cargo operations ahead of schedule. Usually the dispatch is equal to half of the demurrage.

10. Reversible. This term occurs in cases where downtime and dispatch during loading or unloading are mutually counted.

11. Cancelling is the right of the charterer to terminate the contract of sea carriage if the ship does not arrive at the port of loading by a certain date.

12. Notice of readiness of the vessel. Having arrived at the designated port, the captain must declare the vessel's readiness for cargo operations. In accordance with established practice, a ship is considered to have arrived if:

a) the ship is located not only in the port, but also in the place where it should be chartered;

b) the ship is ready for cargo operations;

c) the vessel notified the charterer (or his representatives) of its arrival and readiness for cargo operations.

13. Termination of liability (cesser clause). This clause releases the charterer from liability from the moment the ship is loaded. The essence of this clause is that from this moment the shipowner must turn to the cargo owner, and not the charterer, with possible property claims. Typically this clause is combined with a lien clause.

4.5.2 Voyage charter

Chartering of ships under a voyage charter is divided into chartering for a voyage, a round trip, for successive voyages and under a contract (general charter contract).

Voyage charter- the most common form of tonnage charter agreement in international maritime transport. Under a voyage charter, the shipowner (charterer) undertakes to transport a certain cargo between specified ports on an agreed vessel or part thereof. The charterer must pay the shipowner freight at the agreed rates.

The charter stipulates in detail all the conditions of the upcoming voyage, the rights and obligations of the parties. The main parameters of the voyage are determined by the requirements of the charterer; he selects a vessel of the required type and size on the freight market, sets loading and unloading ports, the time of delivery of the vessel for loading, the name and quantity of cargo, etc. Many conditions of transportation are determined by the sales contract and cannot be changed upon conclusion of the charter.

Both parties, the shipowner and the charterer, are interested in the successful and speedy completion of the voyage, however, in particular, their interests do not coincide and may even be directly opposite (for example, in terms of the amount and timing of freight payment), in this regard, each charter condition is a kind of compromise , to one degree or another, balancing the interests of the parties, leaving a certain freedom for each party to fulfill its obligations, and at the same time providing sufficient certainty for voyage planning, cost calculation and freight rates.

Chartering for the flight implemented as a transaction in which a specific vessel is chartered to transport a specific cargo (legal for that vessel) between two or more ports. Having completed such transportation and received the agreed amount of freight, the commercial relationship of the shipowner with the charterer is terminated.

When chartering on round trip The charterer ensures that the vessel is loaded directly and reverse direction. Essentially, these are two independent freight transactions, but they are concluded simultaneously, involving one vessel performing two sequentially connected voyages to transport usually unequal cargo between different ports.

Chartering on consecutive flights fundamentally different from chartering a flight in that the deal is concluded for two or more similar flights. In such an agreement, a special clause appears on how many voyages the ship must perform, and the right of the shipowner to charter the ship in the associated ballast direction for another cargo is agreed upon and fixed, fulfilling the main transaction. Such freight transactions are practiced in cases where the shipper needs to transport a certain mass of cargo in several shipments and the time parameters of the round trip satisfy the dispatch time of each shipment.

The chartering of ships under a contract (general charter contract) is of a special nature. In this case, the shipowner is hired with his own or rented tonnage. The shipowner undertakes to transport a certain mass of cargo in several steamship parties during a specific period of time.

Specialized proforma charters with their blank conditions reflect the specifics of the cargo being transported and the peculiarities of the operation of vessels in the region or direction. They are differentiated based on these characteristics.

The table shows proformas for voyage dry cargo charters.

The most common proforma contract in maritime shipping is the “Universal Time Charter”, codenamed “Baltime”.

Standard voyage charter forms contain 45 or more items.

Basic proformas for voyage charters.

Codename	Construction structure (last)	Area of application
Universal proformas
"Genkon" "Newvoy"	Two-piece box	Anyone Too
Ore and phosphate proforms
"Sovorkon"	Boxing	Export of ore from domestic ports in any direction
C/0/7	Traditional	Export of ore from the ports of the Mediterranean Sea, India, Brazil
"Sovetor"	Traditional	Export of ore from the ports of CIS countries in any direction
"Murmapatit"	Boxing	Export of apatite and concentrate from Murmansk
"Afrikanfos"	Traditional	Removal of phosphates from ports North Africa
Coal proformas
"Sovkol"	Traditional	Removal of coal, coke, sand

4. 5. 3 Time charter

The time charter must indicate the names of the parties, the name of the vessel, its technical and operational data (carrying capacity, cargo capacity, speed, etc.), navigation area, purpose of chartering, time, place of transfer and return of the vessel, freight rate, validity period of the time charter . A time charter must be concluded in writing.

When registering a time charter, the following must be indicated:

The exact names of the parties and their location;

Deadline for placing the vessel under time charter;

Place and procedure for transferring the vessel to the charterer;

Data that individualizes the vessel and, in particular, the power of the ship’s engines, the speed of the vessel, and register capacity.

The time charter must also indicate the vessel's navigation area.

The time charter provides for the place where the vessel will be returned to the shipowner. Usually there is a specific port specified in the contract, or a geographical area is established within which this port must be located.

The shipowner is also obliged to maintain the ship in good condition throughout the entire time charter period.

The shipowner provides routine services to the crew. This duty is provided for in almost all forms of time charter. Thus, in Article 9 of the Baltime proforma it is stated: the captain carries out all flights at the highest speed and with the usual crew services. These services include routine cleaning of holds during a voyage, provision of ship winches for cargo operations, etc.

The primary responsibility of the charterer under a time charter is timely payment the corresponding fee for using the vessel.

The charterer must operate the vessel in accordance with the terms of the time charter. He has no right to use the vessel for purposes not provided for by the time charter, or in a navigation area not stipulated by the contract. The charterer is limited in the ability to transport goods if the time charter contains certain restrictions in this regard. The charterer also does not have the right, unless this has been specifically stipulated in the time charter, to make structural changes to the design of the vessel for loading and transporting special cargo.

One of the features of a time charter is the condition that, although the ship is transferred to the charterer for use, the captain remains shipowner's employees. All orders of the shipowner are transmitted only to the captain, and he is responsible for their failure to comply. The captain is obliged to obey the orders of the shipowner in matters of navigation, technical and navigational operation of the vessel, crewing, internal regulations, etc.

The charterer disposes only of the commercial operation of the vessel. He has the right to independently enter into contracts for the carriage of goods and act as a carrier in these contracts. In this regard, he can sign charters, bills of lading, distribute travel tickets and so on.

Another feature of the time charter agreement is the distribution of salvage fees in equal shares between the shipowner and the charterer. In this case, the time spent on rescue is not excluded from the time charter period. The charterer is not exempt from paying fees during this time. The remuneration due to the ship for rescue or assistance, after deducting from it all losses incurred by the shipowner in connection with salvage operations, as well as the shares due to the ship's crew, are distributed among.

4. 5. 4 Bareboat charter

Under a contract for chartering a vessel without a crew (bareboat charter), the shipowner undertakes, for a specified fee (freight), to provide the charterer with the use and possession for a certain period of time of an unmanned and unequipped vessel for the transportation of goods, passengers or for other purposes of merchant shipping.

The bareboat charter must indicate the names of the parties, the name of the vessel, its class, flag, technical and operational data (carrying capacity, cargo capacity, speed and others), the amount of fuel it consumes, the navigation area, the purpose of chartering, the time, place of transfer and return of the vessel , freight rate, duration of bareboat charter. A bareboat charter must be concluded in writing.

The subject of a bareboat charter is the transfer of a vessel to the charterer for temporary use without the provision of crew services.

In maritime law, a bareboat charter is understood as an agreement under which the shipowner undertakes, for a specified fee (freight), to provide the charterer with the use and possession for a certain period of time of an unmanned and unequipped vessel for the transportation of goods, passengers or for other purposes of merchant shipping. Unlike a time charter, under a bareboat charter the vessel is provided to the charterer for a certain period not only for use, but also for possession, since the crew is subordinate to him in all respects, and an unmanned and unequipped vessel is transferred to the charterer. In this case, the charterer must staff the vessel with a crew and equip it after handing over the vessel to the shipowner.

The charterer's primary obligation is to pay the shipowner's freight in advance, usually at the monthly rate agreed upon by the parties. In case of delay in payment of freight, the shipowner has the right to withdraw the ship from the charterer without warning and recover from him the losses caused by the delay. In this case, the charterer is exempt from paying freight and expenses for the vessel for the time during which it was unfit for operation due to unseaworthiness, except in cases where the unfitness was due to the fault of the charterer himself or the ship's crew members.

The vessel's crew is staffed by the charterer. He has the right to staff it with persons who have not previously served on this ship, or, in accordance with the terms of the contract, to accept into service the previous crew or part of it. Once crewed, the captain and other crew members become employees of the charterer and are completely subordinate to him in all respects.

The responsibility of the charterer under a bareboat charter is to maintain the crew, pay expenses for the vessel, including its insurance. The charterer is obliged to maintain the ship in seaworthy condition during the term of the contract, however, eliminating hidden defects of the ship is the responsibility of the shipowner. The bareboat charter charterer bears losses caused by the salvage, damage or loss of the vessel if they were caused through his fault or the fault of the ship's crew members. At the end of the contract, the charterer is obliged to return the vessel to the shipowner in the condition in which he received it, excluding normal wear and tear.

The main responsibility of the shipowner is to hand over the vessel to the charterer. In this case, the shipowner is obliged to bring the vessel into a seaworthy condition by the time of its transfer, i.e. take measures to ensure the suitability of the vessel for the purposes provided for in the contract.

In the practice of merchant shipping, it is often common to transfer a vessel to a bareboat charter with the condition of its subsequent redemption. Under such a bareboat charter, the ship becomes the property of the charterer upon expiration of the contract if the charterer fulfills his obligations and makes the final payment of the freight. Wherein various shapes bareboat charters with the condition of purchasing the vessel by the charterer provide various conditions, rights and obligations of the parties to such an agreement.

Currently, from a civil legal point of view, a bareboat charter can be characterized as a type of vehicle rental agreement without the provision of crew services, as provided for by the Civil Code of the Russian Federation. At the same time, due to the peculiarities of merchant shipping, this agreement, like a time charter, is an independent and special agreement of maritime law, which has a unique legal nature.

The main differences between a contract for the carriage of goods by sea and a charter agreement.

1. The purposes of contracts are different. The purpose of the contract for the carriage of goods by sea is to provide services for moving cargo from the port of departure to the port of destination, while the purpose of the charter agreement is to provide a vessel for temporary use.

2. The subject of the contract for the carriage of goods by sea is the activity of moving goods by sea. The subject of a charter agreement, as a type of lease agreement, is a vessel and crew services under a time charter agreement and a vessel without the provision of crew services under a bareboat charter agreement.

3. The right to use and own a ship belongs to the shipowner under a contract for the carriage of goods by sea. Under the terms of a time charter, the charterer has the right to use the vessel, and under a bareboat charter, the right to own the vessel.

4.The intended use of the vessel is different. Under a charter agreement, it is possible to charter a vessel for purposes other than transportation of cargo for merchant shipping (for transportation of passengers, trade water resources, pilotage and icebreaker assistance, etc.).

5. The captain and crew members of the ship on issues related to the management of the ship, the internal regulations on the ship and the composition of the crew, as well as on issues of commercial operation of the ship under a contract for the carriage of goods by sea, are subordinate to the shipowner. Under a time charter agreement, the charterer's orders regarding the commercial operation of the vessel become mandatory for the captain and other crew members, and under a bareboat charter agreement, the charterer's orders on all issues become mandatory.

6.Rent (freight) under a vessel charter agreement does not depend on the presence of cargo on the vessel, its quantity, or the efficiency of operation of the vessel. Under a contract for the carriage of goods by sea, the amount of payments is determined depending on the weight or volume of the cargo transported, taking into account its specific properties, as well as the number of additional ports of call.

7. The risk of damage and loss of the vessel under a contract for the carriage of goods by sea in any case is borne by the shipowner; under a time charter agreement, the charterer bears the risk of damage and loss of the vessel that occurred in connection with its commercial operation, whereas, under the terms of a bareboat charter, the risk of damage and the loss of the vessel lies entirely with the charterer.

8. The carrier’s obligation under a contract for the carriage of goods by sea to make the vessel seaworthy is to prepare the vessel for transportation of a certain cargo in a separate geographical area.

A vessel chartered under time or bareboat charter must be seaworthy at the beginning of the period for which it is chartered. The shipowner is not obliged to renew the holds or other cargo spaces of the ship every time in a condition that meets the characteristics of each specific transportation carried out during the period of validity of these contracts.

Comparative characteristics of the contract for the carriage of goods by sea and the charter contract are given in Table 1.

Conducted by us comparative analysis two types of contracts: sea transportation of goods and chartering clearly indicates the different legal nature of these contracts.

Vessel charter agreement, represented by two types - time charter and bareboat charter, belongs to the group property lease agreements. In terms of providing crew services under time charter, it goes beyond the scope of “pure” rental. However, taking into account the main purpose of the contract (use and ownership of property) and omitting the secondary purpose (services of the ship's crew members), it should be stated: a contract for chartering a ship for a time is vehicle rental agreement.

Distribution of costs for operating a vessel under a time charter agreement *

Position of the captain and other crew members of the vessel under the time charter agreement *

The structure of relations between time charter subjects when transporting cargo on a vessel

Article 198.

Definition of a vessel charter agreement for a time (time charter)

Article 201. Form of time charter

A time charter must be in writing.

Article 204. Obligations of the charterer for the commercial operation of the vessel and its return 1.

The charterer is obliged to use the vessel and the services of its crew members in accordance with the purposes and conditions of their provision determined by the time charter. The charterer pays the cost of the bunker and other costs and fees associated with the commercial operation of the vessel. Income received as a result of the use of a chartered ship and the services of its crew members is the property of the charterer, with the exception of income received from salvage, which is distributed between the shipowner and the charterer in accordance with Article 210 of this Code. 2.

At the end of the time charter period, the charterer is obliged to return the vessel to the shipowner in the condition in which he received it, taking into account normal wear and tear of the vessel. 3.

If the vessel is not returned on time, the charterer shall pay for the delay of the vessel at the freight rate stipulated by the time charter, or at the market freight rate if it exceeds the freight rate stipulated by the time charter.

Article 206. Subordination of ship crew members 1.

The captain of the ship and other members of the ship's crew are subject to the orders of the shipowner relating to the management of the ship, including navigation, internal regulations on the ship and the composition of the ship's crew. 2.

The captain of the ship and other members of the ship's crew are subject to the charterer's instructions regarding the commercial operation of the ship.

The concept of a bareboat charter agreement (bareboat charter) *

Responsibilities of the parties and distribution of expenses under the bareboat charter agreement *

Liability for loss of cargo when chartering a vessel under a bareboat charter agreement

Article 211. Definition of a bareboat charter agreement (bareboat charter)

Article 217. Vessel crew

The charterer staffs the vessel's crew. The charterer has the right to staff the vessel with persons who were not previously members of the crew of this vessel, or in accordance with the terms of the bareboat charter with persons who were previously members of the crew of this vessel, subject to the rules established by Article 56 of this Code (dimension charter). Regardless of the method of manning the vessel, the captain of the vessel and other members of the vessel's crew are subordinate to the charterer in all respects.

Article 218. Obligations of the charterer for the operation of the vessel and its return 1.

The charterer operates the vessel in accordance with the terms of the bareboat charter and bears all costs associated with operation, including the cost of maintaining the vessel's crew members. The charterer reimburses the costs of insuring the vessel and its liability, and also pays the fees charged to the vessel. 2.

At the end of the bareboat charter period, the charterer is obliged to return the vessel to the shipowner in the condition in which he received it, taking into account normal wear and tear of the vessel.

Article 219. Liability of the charterer to third parties

The charterer is liable to third parties for any of their claims arising in connection with the operation of the vessel, with the exception of claims for compensation for damage from oil pollution from ships and damage in connection with by sea dangerous and harmful substances.

The concept of general and private accidents *

Signs of general average *

Cases not recognized as general average *

Distribution of losses according to general average rules *

Bodies in charge of drawing up statement of statement *

Challenging the dispash *

Possibility of bringing a claim against persons. Guilty of general average

General average – losses incurred as a result of intentionally and reasonably incurred extraordinary expenses and donations for the sake of general security, cargo safety to avoid general danger for 3 elements of a maritime enterprise: ship, cargo, freight.

IN extreme conditions the captain of the ship sacrifices one of three elements (when the ship runs aground, the captain throws out the cargo to save the ship and crew).

The essence of general average: losses, called general average, are distributed between the ship, cargo and freight in proportion to their value at the place of termination. The costs incurred by one or more participants are borne not only by the victim, but also by everyone interested in salvaging the cargo, vessel, or freight.

The institution of general average dates back about 3,000 years (first mentioned in Justinian's Code).

In the 19th century – unification of the institution of general average. In 1864, the York Rules were adopted in the city of York. 1877 – in Antwerp the York-Antwerp Rules were revised and renamed.

Ch. 26 KTM RF is based on the York-Antwerp rules of 1994. But the 2004 edition is already in effect.

The rules do not have mandatory force; they are applied by agreement of the parties concerned. The agreement is expressed in charter parties and bills of lading.

Signs of a general average (All 4 signs must be present, otherwise we're talking about only about a private accident. A private accident is not distributed; losses are borne only by the victim or the person responsible). 1.

the presence of a general danger (for the vessel, cargo, freight). Example: throwing out livestock due to an epizootic is a private accident. 2.

Donations and emergency spending must be intentional. If a ship runs aground due to a mistake by the captain, it is not a general average if the cargo is damaged due to natural disaster– not a general accident. Expenses for refloating and extinguishing fire are considered general emergency expenses; 3.

the emergency nature of measures aimed at general salvation. Expenses during transportation by sea are not considered a general average if they are ordinary (excessive fuel consumption to overcome a headwind is not extraordinary - each ship must have a supply of fuel). An increase in normal operating costs is not a general accident. A (forced) call to a port of refuge, crew meals, fuel consumption for ship repairs will be classified as general average; 4.

reasonableness of expenses – expenses and donations to be reimbursed must be reasonable. Criterion: If the value of the donated property is less than the value of the property that could have been lost, then the expense is reasonable. Unreasonable: throwing cargo overboard if the ship is not far from the shore and lighters can be used. Repairs in a port of refuge where the repairs took too long, when there was another port nearby where the repairs would have been much cheaper, is an unreasonable expense.

General accident: 1.

expenses for transshipment of fuel, cargo from the vessel to lighters and return loading of the vessel; 2.

refloating the vessel and rewarding the rescuers; 3.

expenses for forced entry into the shelter and return to the port of loading. Expenses for entering and leaving the port with your cargo or part of it are reimbursed, the crew's wages, expenses for fuel and food, and supplies are also reimbursed. If the captain refuses to continue the voyage, then expenses are reimbursed only until the moment when the ship was ready to continue the voyage.

Only expenses related to the direct salvage of the ship are subject to distribution. The costs of salvage, if salvage is carried out in order to eliminate danger, are common, regardless of whether it was provided for by the contract or not.

General average includes measures to protect the environment: 1.

if the expenses are incurred as part of an operation for general safety and if it were made by a third party and would give the right to remuneration; 2.

entering a port of refuge by order of local authorities; 3.

the ship could remain in a port of refuge to prevent environmental damage;

There are cases when, if 4 conditions are present, they are not recognized as a general average: 1.

the cost of cargo thrown overboard, transported on a ship in violation of the rules and customs of navigation; 2.

losses caused in connection with extinguishing a fire due to exposure to smoke or heat. In this case, water damage to the cargo, fire suppression vessel, and rescue services for extinguishing are compensated; 3.

losses caused by cutting off the wreckage of parts of the ship that were previously demolished or lost due to sea danger; 4.

losses caused by forcing the operation of engines and boilers of a ship that was afloat; 5.

Any losses incurred by the ship or cargo due to an increase in the duration of the voyage (indirect losses: from downtime, price changes) are not recognized as general average;

Distribution of total losses: 1.

it is determined which losses are general and which are private; 2.

the total costs are distributed between the ship, cargo and freight in proportion to their value. The total value of the property is the contribution capital. Contribution dividend - % of the contribution capital that is subject to reimbursement.

Statement sheet is a document confirming calculations of losses for general average.

The total cost of the ship, cargo and freight is called the contribution cost (capital). Then the % ratio of the general average to the indemnity value is calculated - the indemnity dividend.

Adjusters are specialists involved in the distribution of general average (Association of adjusters at the RF Chamber of Commerce and Industry). The statement can be contested within 6 months.

Dispatchers certify: -

that there was a general average; -

indicate the distributed damage; -

make up an average;

The statement may be appealed. Dispatchers are members of the dispatcher bureau. The dispasha is appealed in court at the location of the chamber of commerce and industry (territorially) in a court of general jurisdiction.