Representatives drafting session in BIMCO House
Work continued on the development of the first standard contract in the market for Ro/Ro cargo/passenger ferries. The sub-committee, consisting of representatives from Stena Ro/Ro, Viking Line, Macholl & Specht, Ülgener Law Offices and the Swedish Club, met for the third time for a full day drafting session in BIMCO House, Denmark.
Consideration was given to whether hire could be adjusted where, for example due to a damaged ramp, access was reduced but, rather than putting the vessel off-hire, charterers nevertheless wanted to use as much capacity as could be made available. It was concluded that devising a partial hire formula within the off-hire provision would be problematic and that the issue should be covered in a separate clause about on-board space available to charterers.
Pilotage costs quickly mount up, particularly where ferries are calling at the same ports on a frequent basis. In order to reduce the costs of engaging pilots and associated costs of delay when a pilot is not available, the charter includes an incentive for masters to obtain a Pilot Exemption Certificate.
The question of party liability for providing and paying for additional crew to secure and lash cargo, both inside trucks and on the vessel, is often argued in Ro/Ro trades. In order to avoid disputes at a later stage, clear provisions dealing with these issues have been included in the form.
A first complete draft will be presented to the Documentary Committee in Dubai in April 2014. It is hoped that the project will be completed and ready for adoption by November this year.
Source: BIMCO