Lease Ship Contract
Charter Contract / Charter A lease of a ship is a document signed between the ship-owner (or his authorized representative) and the leaseholder, in which the conditions of the lease of the ship with the crew for a specified period or for one or more journeys between specified ports, or by which conditions The assignment of a ship without crew for a specified period of time is specified in the contract. In the contract of the ship, according to its type, including all or part of the following information, the following information is required: Information concerning the owner and the ship’s hirer, the name of the ship, its characteristics and capacity, the specifications of the load and its quantity, ports or loading and unloading locations , The rate of rent or rent, the time, place, type of money and the manner in which the rent or rent is paid, the time allowed for loading and unloading goods (while also specifying that holidays and working days, such as weather, are unfavorable, how to calculate this period) Or, in the case of delay in loading or unloading or expediting this work, the delayed damages of the ship or, conversely, the speeding up of the load How to set-dispatched Thierry or discharge), and finally the ship’s owner and renter obligations.
In general, there are two types of rental contracts. One rented a ship with crew and the other rented an outboard crew rented in the form of a charter-demise assignment.
- A) Rent a ship with a crew
In this type of lease, the ship-owner agrees with the lessor to provide the lessee with his crew for the purpose of carrying his goods or goods that are loaded on his behalf. These types of contracts are divided into two groups: rent contract and travel rent.
Time Charter Party
In this type of contract, the ship is rented for a specified period of time, and the duration of the lease, depending on the needs of the leaseholder and the owner’s agreement may be several months or even several years. However, it is sometimes allowed to extend the term of the contract for a certain period to the lessee, in order to extend the term of the term, the lessor can renew the contract for the specified period.
During the lease, all the capacity of the ship is provided to the lessee during the lease, to carry cargo from any port to another port or to travel between two or more specific ports.
Obligations and responsibilities of the ship-owner and renter in the lease contract
The owner of the ship is obligated to provide the ship in a manner ready for sailing at the time and place specified by the lessee; otherwise the renter may cancel the contract for the violation of the contract and demand damages. In addition, the ship-owner must insure the ship and pay the crew of the ship who is hired. The cost of providing supplies for crew, ship repair and maintenance, and the provision of various certificates of the ship is the responsibility of the owner. In contrast, the leaseholder, in addition to the rent, normally has to pay the fuel costs of the vessel at sea and port. Lessor is liable for the costs of port and maritime accidents, canal crossing, towage rent and any taxes and duties on the goods. In addition, in this type of contract, the tenant usually provides arrangements for the loading and unloading of the goods and pays the related costs.
If the ship does not rent due to a fracture, technical defect or incident, it will not be leased for the time spent, but for other occasions the rent should be paid in full, whether the ship is full or empty, and your trip done or not
Voyage Charter Party
In this type of contract, the ship-owner agrees to carry a certain item between ports or in certain areas within a specified range and receive a fare for it, based on the weight of the cargo or, if bulky, on the basis of its volume. If the ship-owner does not know the exact amount of cargo to be carried, the parties may agree on the amount of the rent as a fare.
In a ferry ride, as well as timeshare, crew and general ship management remain in the possession of the owner.
There are two types of rent in the rental agreement:
* Ship charter for a trip
* Ship charter for consecutive trips
In cases where the shipment is equivalent to or less than the capacity of the ship, it can be carried on a trip.
If the cargo exceeds the carrying capacity of the ship for a single period, the performance contract is set for consecutive journeys. This type of travel rent agreement is valid between the two dates that are set, the date of the beginning of the first trip and the date of the end of the last trip.
Obligations and responsibilities of the ship-owner and renter in the rental agreement
The owner of the ship is obligated to provide the renter with the rental option in a way ready for sailing. Of course, the nature of this commitment depends on the conditions of the voyage. If the defect arises at the beginning of the trip and the defect cannot be repaired within a reasonable time, the lessor can cancel the contract.
Costs such as crew wages, maintenance costs, supplies and supplies, as well as port duties, and usually the costs of loading and discharging goods according to the terms (Liner Terms Gross Chart er) are the responsibility of the ship-owner.
In return, the landlord must, in addition to paying the fare, load the cargo without risk on board, and do so within the permitted time of Lay time; otherwise, it must pay the damages to the ship. In case of rent of the whole ship, payment of the fare Dead freight is also used by the lessor. On the other hand, this type of ferry rental contract usually involves a termination clause in the event of a ship delay, which means that if the ship delays more than the time it is specified in the contract, the executor will be given the authority to terminate the lease.
In the rental agreement, upon the loading of the goods, the owner of the ship is obliged to carry it to the destination. The responsibility of the leaseholder against the goods and the ship ends at the moment of loading. The owner of the ship is, as usual, obliged to go there if it is mentioned in the rental agreement of the name of the port of discharge. However, if there is no explicitly mentioned port and is referring solely to a range (for example, a European port), the leaseholder You need to set up a safe harbor in the area.
- B) Lease of a ship without crew or rent in the form of assignment
In this rental, the owner of the ship agrees with the executor to provide the renter with the means of transport without crew for a specified period at a rate normally determined by the carrying capacity, life and speed of the ship. For this reason, Bareboat Charter-Party rentals are in the form of a lease.
Under this type of contract, the leaseholder takes on the full management of the ship and acts in the same way as the owner, except that he cannot make physical changes to any part of the ship or carry goods for trafficking or travel to places that the owner The ship has excluded those areas from traveling.
All costs related to the crew, fuel repair and maintenance of the ship and the provision of supplies are borne by the lessor, because the owner in this type of contract loses the ship’s management for the duration of the lease and is merely a renter. Therefore, in such a contract, the leaseholder is liable to act as a carrier against the owners of the goods (if they carry other goods). Conventional obligations in this type of ship lease agreement such as the owner’s obligation to provide a ready-to-eat ferry or a renter’s obligation to compensate for damage to the ship during the lease depends entirely on the conditions specified by the parties in the lease.
A rental agreement includes the following points:
Name of ship, its profile and capacity
Specifications and amount of load
Ports or loading and unloading locations
Fare rates
How, time, place and type of payment for the fare
Allowed time for loading and discharging. When and when, when and under what conditions, the time will begin and end, and whether or not exceptional times (such as working days that are not suitable for the weather, or holidays, etc.) should be considered.