Bimco has published a new charter clause that clarifies the right of shipowners to send a vessel to another port if crew are prevented from leaving due to Covid-19 restrictions.
The Crew Change Clause for Time Charter Parties is a response to the "extraordinary circumstances" faced by many owners whose seafarers have had to remain on board during lockdown for periods often extending beyond their contracts of employment, the Denmark-based shipowners' organisation said.
"Although travel restrictions are beginning to ease, there are still restrictions in many countries impacting on crew changes," it added.
"The new clause is designed to give owners the liberty to deviate for crew changes under tightly defined circumstances."
It also provides an option for charterers to contribute to the crew change in recognition of the potentially high cost of a change, by sharing fuel expenses for example.
"Although the cost of crew changes is usually for owners’ account under a charter party, the extraordinary and unusual circumstances created by Covid-19 have left some owners unable to conduct crew changes on the ship’s trade route," said Soren Larsen, deputy secretary general.
Flexibility important
"With crew now on board for periods extending beyond their contracts of employment, owners need to have the flexibility to deviate to an alternative place if crew changes can’t be done at the places where the ship is ordered by charterers. This clause is designed to help them with that process and to encourage charterers to assist."
The clause recognises that charterers have a shared interest in having an efficient, rested and well-performing crew on the ship.
But it is meant for longer-term time charterparties, not single voyage ones.
The distinction is important because the use of the clause is predicated on owners not knowing at the time of fixing the places where the ship will be traded by charterers and/or the travel restrictions at the time when the crew changes become due, Bimco said.
It is specific to the current Covid-19 outbreak but can also be applied to any subsequent "second wave" of the virus that may occur in the future.
Owners not liable
Subclause A states that a ship "shall have liberty to deviate for crew changes if Covid-19-related restrictions prevent crew changes from being conducted at the ports or places to which the vessel has been ordered or within the scheduled period of call."
"Any deviation under this clause shall not be deemed to be an infringement or breach of this contract, and owners shall not be liable for any loss or damage resulting therefrom," it adds.
Bimco said many standard forms of time charter contain a contractual liberty for owners to deviate the ship for purposes such as saving life and property and other "reasonable purposes".
The clause clarifies that the rights conferred are "in addition" to current norms.
The use of the word "prevent" sets a high threshold for invoking the clause, Bimco added.
"The fact that a crew change at the ports or places ordered by charterers may be more expensive or less convenient than elsewhere does not give owners the right to invoke the clause," it said.
It also said owners must first inform their protection and indemnity club of a deviation to ascertain it will not prejudice their P&I cover.
