The carrier, having provided a seaworthy vessel that is fit to go to sea with her cargo on board and having received the shipment into his care, must perform the voyage dictated by the contract of carriage. Under the Rules, the carrier is obliged, in the absence of any agreement to the contrary, to carry the cargo directly to its destination (Reference: Hague Rules, Article IV, rule 4).
A deviation is a departure from the intended voyage or contract of carriage. It can occur either where voyage courses are expressly stated or not, but any departure from the customary route may be treated as a deviation.
Therefore, the route of the voyage is crucial to the proper fulfillment of the contract of carriage. Any unjustifiable deviation from the agreed, direct, or customary route will constitute a breach of the contract of carriage. A deviation is justifiable in only three situations.
Firstly, if there is an area or immediate danger, the carrier may deviate from protecting and preserving the cargo. In certain circumstances, if the well being of the load so demands, it may be the carrier "s duty to deviate.
Secondly, the carrier may deviate to save human life. However, he may not unnecessarily delay the vessel at the scene of a casualty.
Finally, the contract of carriage may permit a deviation from the contractual voyage if it contains a "liberty to deviate" clause. It is not safe to rely on such clauses as they are interpreted in a most narrow and restrictive manner.
The Rules, which will usually be incorporated into the contract of carriage, excuse deviations to save life and or property, or for any other reasonable purpose. It is virtually impossible to define what is meant by reasonable. However, the question of whether a deviation is reasonable will be considered not only from the carrier but also on the cargo owners.
The carrier is also under an obligation to ensure that the vessel proceeds promptly to her destination. The duration of the voyage is crucial to the proper fulfillment of the contract of carriage. Any unnecessary delay will be treated in the same way as a deviation from the contractual voyage.
If the vessel deviates from the agreed, direct, or customary route, or in the event of delay in the prosecution of the voyage, the Master should notify owners immediately. Besides, he should ensure that the precise and detailed reasons for the deviation or delay are thoroughly and accurately recorded, and documents such as the logbook, ship to shore communications, course recorders, and charts must be made available to owners.
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.
Justifiable Deviation
The deviation can be justified (i.e., excused) in the following cases;
- to save human life or aid a ship in distress where human life may be in danger
- where reasonably necessary for 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 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 an 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 not be liable for such a loss.
Therefore, the effect of an unjustified deviation is for the shipowner to lose all his normal insurance cover. Besides, he loses rights and defenses available to him under the relevant Carriage of Goods by Sea Act.
Notification of Deviation
A Master should advise his management Company 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) followings :
- 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. Furthermore, during the stay at a port of refuge until reaching 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 that 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 the United Kingdom-based. The shipowner in taking out insurance with a particular association becomes a member of that Club. The Clubs are mutual, which means that all costs involved in providing cover or paying out a claim to anyone are shared by all members. It is achieved by setting a rating or premium for the owner, known as an "advance call." It takes into consideration 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. It can occur either where voyage courses are specifically stated or not, but any departure from the customary route may be treated as a deviation. However, it should be noted that deviation does not necessarily mean a physical change in the course. It 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 ship, cargo, and bunkers).
The Master’s Responsibility during Salvage Operation
Request for Salvage -
The Master shall usually request salvage after consultation with the Company. However, he has complete authority to seek salvage assistance without referencing 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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