Rule 4 Risks Covered

RISKS COVERED

Subject to the Rules and to the Certificate of Entry, the risks covered by the Association are the risks set out in sub rules 1 to 27 of this Rule, in respect of the liability, loss or expenses (as the case may be ) and legal costs of the Member relating thereto by reason of his interest in the chartered ship;
PROVIDED ALWAYS that:

  1. the Member is only insured to the extent that he has paid and discharged the liability or paid the loss or expense concerned, except to the extent that the Directors in their discretion shall decide otherwise; and
  2. the Member is only insured to the extent that he:
    1. is liable under the terms of the charterparty under which he chartered in or chartered out the chartered ship, and
    2. would also be liable under the terms of the corresponding unamended form of charterparty currently approved by the Baltic and International Maritime Conference (BIMCO).

 

  1. Loss of Life, Personal Injury and Illness
  2. Ancillary Expenses
  3. Passengers
  4. Supernumeraries
  5. Repatriation
  6. Substitutes
  7. Shipwreck Unemployment Indemnity
  8. Loss of Personal Effects
  9. Distressed Seamen
  10. Life Salvage
  11. Collision Liability
  12. Damage to Property
  13. Non-contact Damage
  14. Removal of Wreck
  15. Towage of a Chartered Ship
  16. Towage by a Chartered Ship
  17. Contracts of Indemnity
  18. Quarantine
  19. Loss of or Damage to Cargo
  20. Collision Liability to Cargo Carried in a Chartered Ship
  21. Unrecoverable General Average Contributions
  22. Charterer’s Proportion of General Average
  23. Fines
  24. Pollution
  25. Legal Costs of Enquiries
  26. Risk Incidental to Shipchartering
  27. Loss of or Damage to the Chartered Ship

1. Loss of Life, Personal Injury and Illness

Damages, compensation, wages, maintenance, hospital, medical and funeral expenses for which a Member may be liable arising out of loss life, personal injury or illness of:

  1. the Master or a member of the crew,
  2. a supernumerary employed by the Member
  3. any person on board any other ship,
  4. any other person;

PROVIDED ALWAYS that:

  1. insofar as it relates to a member of the crew or the Master, nothing shall be recoverable if the liability arises pursuant to the terms of a contract of employment or contract of service or crew agreement and would not have arisen but for those terms, unless the said contract or agreement has been previously approved by the Managers in writing;
  2. nothing shall be recoverable if the liability relates to a person other than a member of crew or Master unless it arises out of any negligent act or omission on board or in relation to the handling of cargo from the time of receipt of that cargo from the shipper or pre-carrier at the port of shipment until delivery of that cargo to the consignee or onward carrier at the port of discharge;
  3. there shall be no recovery under this paragraph arising out of a Member’s liability under a contract of indemnity between the Member and a third party;
  4. there shall be no recovery under this sub-rule arising out of a Member’s liability to supernumeraries or to passengers;
  5. there shall be no recovery in respect of losses directly or indirectly caused by human immunodeficiency virus or similar diseases or in respect of any sexually transmitted disease.
  6. there shall be no recovery in respect of death by natural causes or pre-existing medical conditions.

2. Ancillary Expenses

The cost to a Member of putting in to or remaining in port solely in circumstances which do or would entitle the Member to recovery under sub-rule 1 of this Rule but confined to port charges and the net loss to the Member in respect of bunkers, insurance, wages or crew, stores and provisions necessarily incurred as a result of the change of itinerary while securing medical attention or awaiting a substitute.

3. Passengers

Liability which a Member incurs arising out of:

  1. loss of life, personal injury or illness of a passenger ( including medical, hospital, repatriation and funeral expenses) which also arises out of any act, neglect, or default of the Master and/or crew on board or in relation to the chartered ship,
  2. loss of or damage to passengers’ baggage and personal possessions,
  3. ancillary expenses as specified in Rule 4.2 necessarily incurred in landing an injured or sick passenger;

PROVIDED ALWAYS that:

  1. the passenger ticket or the contract of passage shall relieve the Member of liability to the maximum extent permitted by the appropriate law;N.B. Members are required, prior to inception, to submit specimen copies of their passenger conditions to the Managers to ensure that Members are properly protected and to permit the latter to impose any additional calls or premium if less protective terms are accepted by the Association.
  2. save at the discretion of the Managers no liability shall attach to the Association for any payments made by the Member in excess of his legal liability; and on demand by the Managers the Member shall be bound to prosecute and enforce any right of recovery he may have against the passenger;
  3. there shall be no recovery from the Association in respect of claims relating to cash, negotiable instruments, precious or rare metals or stones, valuables or objects of a rare or precious nature;
  4. there shall be no recovery in relation to any liabilities whatsoever incurred by the Member arising out of travel by air;
  5. no cover shall be provided by the Association in respect of any breach of immigration or health regulations whether such breach arises from the fault of the passenger or otherwise.no cover shall be provided by the Association in respect of any breach of immigration or health regulations whether such breach arises from the fault of the passenger or otherwise.

4. Supernumeraries

Liability which a Member incurs to or in respect of a supernumerary under any of the sub-rules of these Rules as if such supernumerary was a member of the crew;

PROVIDED ALWAYS that in all cases, including in respect of relatives of the Master or of a member of the crew, the Managers shall have given their prior written approval of the presence on board of a supernumerary and the terms and conditions on which he is carried and the Member has paid or had agreed to pay such additional class or premium as may be required by the Association.

5. Repatriation

  1. Repatriation expenses which are not recoverable under sub-rule 1 of this Rule and are incurred under statutory obligation or contract of employment or contract of service or crew agreement approved by the Managers in respect of the Master or a member of the crew, and
  2. expenses which are necessarily incurred by a Member in discharging his statutory obligations towards or making necessary arrangement for stowaways or refugees or for the Master or members of the crew who desert or go on strike;

PROVIDED ALWAYS that:

  1. there shall be recovery when the expenses result from the termination of a contract of employment or contract of service following the expiry of notice given in accordance with the terms of the relevant contract or termination as result of discharge by mutual consent or breach by the Member of any such contract or from any other discretionary act of the Member or from the sale of the chartered ship;
  2. the Member shall take or has taken all appropriate steps permitted by law to recover such expenses from the Master, member of the crew, deserter, stowaway, refugee or from any other person, insurer or from any national or international bodies or organisations concerned with such persons.

6. Substitutes

Expenses necessarily incurred in sending a substitute or engaging and subsequently repatriating a substitute to replace the Master , supernumerary employed by the Member, or a member of the crew who shall have died or been left behind in consequence of illness, injury, desertion or any other cause where in the sole discretion of the Managers liability for such expenses could not reasonably have been avoided;

PROVIDED ALWAYS that:

  1. there shall be no recovery when the engagement of the substitute is necessitated by the termination of a contract of employment or contract of service following the expiry of notice given in accordance with that contract or by mutual consent or by breach by the Member or resulting from any other discretionary act of the Member;
  2. wages shall be only recoverable as part of the said expenses when payable to a substitute engaged abroad awhile awaiting or during repatriation.

7. Shipwreck Unemployment Indemnity

Liability to indemnify the Owner or Disponent Owner of the chartered ship in respect of wages payable to the Master or a member of the crew during unemployment in consequence of the wreck or total loss of an chartered ship, and other payments made to or in respect of such persons in consequences of the wreck or total loss, under statutory obligation.

8. Loss of Personal Effects

Compensation for which the Member is liable in respect of loss of or damage to personal effects of the Master, a supernumerary employed by the Member or a member of the crew, on board an chartered ship;

PROVIDED ALWAYS that no payment shall be made for theft or pilferage of crew’s personal effects.

9. Distressed Seamen

Compensation that the Member is liable to pay in respect of distressed seamen, where such expenses are not recoverable under any other sub-rule of this Rule, except those ensuing upon the termination of a contract or employment of contract of service in accordance with the terms thereof or by mutual consent or by breach by the Member or resulting from any other discretionary act of the Member or from the sale of the chartered ship.

10. Life Salvage

Not covered.

11. Collision Liability

Liability that the member incurs to pay to any other person by way of damages for loss of or damage to any other ship or to cargo or other property on board such ship, or delay or loss of use of such ship or to cargo on such ship caused by collision with the chartered ship.

12. Damage to Property

Liability which a Member incurs for loss of or damage (including infringement of rights) caused to any harbour, dock, pier, jetty, land, or anything whatsoever moveable or immovable not being another ship or cargo or other property therein or cargo carried in an chartered ship;

PROVIDED ALWAYS that:

  1. there shall be no recovery under this sub-rule of expenditure arising out of a Member’s liability under a contract of indemnity between a Member and a third party;N.B: see sub-rule 17 of this Rule
  2. if the loss, damage or expense relates to any property belonging to the Member, such Member shall be entitled to recover from the Association, and the Association shall have the same rights as if such property belonged to a third party, but only to the extent that such loss, damage or expense is not recoverable under any other insurance upon the said property.

13. Non-contact Damage

Liability which a Member incurs:

  1. for loss of or physical damage to any other ship or cargo or other property therein caused by the wash of the chartered ship;PROVIDED ALWAYS that if the loss or damage relates to any ship or cargo or other property therein belonging to the Member, such Member shall be entitled to recover from the Association and the Association shall have the same rights as if such ship or cargo or other property belonged to a third party, but to the extent only that such loss or damage is not recoverable under any other insurance upon the said ship, cargo or other property.
  2. for delay caused to any other ship solely by reason of the chartered ship causing an obstruction to a navigable waterway or berth

14. Removal of Wreck

  1. Liabilities, losses or expenses relating to the raising, removal, destruction, lighting or marking of the wreck of a chartered ship when such raising, removal, destruction, lighting or marking is compulsory by law or the expenses thereof are legally recoverable from the Member;PROVIDED ALWAYS that:
    1. the value of the vessel itself and any stores or materials saved and the value of all cargo or other property saved to which the Member is entitled and salvage remuneration received by the Member and any amounts obtained from third parties shall be deducted from such costs or expenses and only the balance thereof, if any, shall be recoverable,
    2. nothing shall be recoverable from the Association if the Member shall, without the consent in writing of the Directors, have transferred his interest in the wreck (otherwise than by abandonment to Hull Underwriters), prior to the raising, removal, destruction, lighting or marking of the wreck,
    3. nothing shall be recoverable from the Association in respect of lighting or marking of a wreck beyond a maximum period of two years beginning with the date of the event giving rise to wreck,
  2. nothing shall be recoverable from the Association in respect of lighting or marking of a wreck beyond a maximum period of two years beginning with the date of the event giving rise to wreck.

15. Towage of a Chartered Ship

Liability which a Member incurs under the terms of a contract for:

  1. the customary towage of a chartered ship;PROVIDED ALWAYS that the Managers may reject or reduce a claim arising out of such a contract if they decide, in their discretion, that it was unreasonable having regard to all the circumstances to have arranged for the towage to be performed or to have agreed to the terms of the contract or if in their discretion they decide that the contract of towage ought reasonably have provided that the relevant risks and liabilities did not fall upon the Owner of the towed vessel,
  2. any other towage of an chartered ship;PROVIDED ALWAYS that there shall be no recovery unless
    1. the terms of the contract have been approved in writing by the Managers prior to the commencement of the tow giving rise to such liability; and
    2. the Member has paid or agreed to pay such additional call or premium as may be required by the Association.

16. Towage by a Chartered Ship

Liability which a Member incurs to pay damages under the terms of contract for the towage of another ship by the chartered ship;

PROVIDED ALWAYS that:

  1. a chartered ship specially designed or converted fro the purpose of towage has been declared as such to the Managers at the time of entry or at the time of conversion for the purpose of towage; and
  2. the Managers in their discretion, having regard to all the circumstances:
    1. consider the terms of the towage contract as reasonable and the liability as coming within the scope of the cover afforded by the Association, and
    2. the Member has paid or agreed to pay such additional call or premium as may be required by the Association, and
  3. unless the Managers shall otherwise agree in writing prior to the commencement of the tow giving rise to the liability, a Member shall not be entitled to be reimbursed by the Association in respect of the liability to the owners of the tow or its cargo or other property carried thereon arising out of loss of, damage to or wreck removal of the tow, its cargo or other property carried thereon.

17. Contracts of Indemnity

Liability which a Member incurs, including liability for loss of life or personal injury but excluding liability for any cargo intended to be or being or having been carried in a chartered ship, under a contract of indemnity between the Member and:

  1. stevedores or others employed in relation to the handling of the cargo of the entered ship,
  2. the owners or operators of cranes or other appliances or craft used during the operations of loading or discharging the chartered ship,
  3. the owners or operators of harbours, docks, dry docks or canals,
  4. any other person, if in their discretion the Managers consider that liability comes within the scope of the cover afforded by the Association:PROVIDED ALWAYS that:
  1. the terms of the contract of indemnity shall first have been approved in writing by the Managers; and
  2. the Member has paid or agreed to pay such additional call or premium as may be required by the Association.

18. Quarantine

Additional expenses incurred in direct consequence of an outbreak of infectious disease on board, for disinfection of an chartered ship or cargo or persons on board such ship, or in respect of quarantine;

PROVIDED ALWAYS that:

  1. such additional expenses shall be in relation to and limited to bunkers, insurances, wages of seamen, victualling, stores and port charges but only to the extent that such additional expenses incurred during any period of detention while in quarantine exceed such expenses as would otherwise have been incurred;
  2. in the case of a chartered ship being ordered or sub-chartered to proceed to a port where it is known, or ought reasonably to be known by the Member, his managers, superintendents or onshore management, that such a ship will as a result be subjected to quarantine there or elsewhere, there shall be no recovery of expenses arising out of or in consequence upon her having been at such port.

19. Loss of or Damage to Cargo

Liability which the Member incurs under the charterparty to his disponent owner for damage to or loss or shortage of or responsibility in respect of cargo intended to be or being or having been carried on a chartered ship, arising out of breach by a Member (or by persons for whose acts, neglects or defaults the Member is liable) of the Member’s obligation or duty as a carrier, or as charterer;

PROVIDED ALWAYS that:

  1. if a Member enters into a contract of carriage by sea (other than a contract of through carriage) when the Member knows or ought to know it contains exemptions from liability less favourable to the carrier than the provisions of the Hague-Visby Rules or such other Conventions or Rules as the Managers may from time to time approve, the Managers may in their discretion reject any claim or reduce it to the extent that they consider it would have been reduced had the contract of carriage contained exemptions from liability as favourable to the carrier as those contained in the Hague-Visby Rules;
  2. if the cargo is intended to be, or has been carried on a chartered ship under a contract of through carriage including transit by land, water or air to or from such ship or storage on land or water, there shall be no recovery unless that contract has first been approved by the Managers and the Member has paid or agreed to pay such additional call or premium as may be required by the Association;
  3. no claim shall be allowed in respect of loss or damage to specie, bullion, precious or rare metals or stones, plate, jewellery or other objects of a rare or precious nature, bank notes, bonds or other negotiable instruments, unless the contract of carriage and the spaces, apparatus and means used for the carriage and the instructions given for the safe custody thereof have first been approved by the Managers;
  4. where cargo is carried under an ad valorem bill of lading and the value per unit ( as defined in the Hague-Visby Rules), piece or package has been stated to be in excess of USD 1,500 (or equivalent in any other currency) no claim shall be allowed for more than USD 1,500 per unit, piece or package unless the Member has before shipment,
    1. given notice of such higher valuation to the Managers, and
    2. agreed to pay such additional premium as the Managers in their discretion may require;
  5. with regard to live animals, no Member shall be entitled to recover from the Association any claim in respect of the carriage thereof, unless the form of contract and the bill of lading, waybill or similar document under which they are to be carried has been approved in writing by the Association before the shipment and, further, unless the spaces, equipment and means used for the carriage and custody of such animals comply with the regulations of the country of the flag of the entered vessel and of the countries of each loading, discharging and intermediate port concerning the safe carriage of such animals;
  6. the Managers may at any time require to be satisfied as to the suitability of spaces, plant and apparatus used and instructions given for the carriage of cargo in insulated or refrigerated containers owned or leased by the Member in which such cargo is to be carried and the Member shall, upon request and at his own expense, supply the relevant information to the Managers. The Managers may in their discretion withhold or withdraw their approval. If the Managers withhold or withdraw their approval and so notify the Member, such Member shall not be entitled to recover from the Association, in respect of any loss of or damage to such cargo the carriage of which began after the service of such notice;
  7. where the cargo in a chartered ship in respect of which a claim arises belongs to the Member, such Member shall be entitled to recover from the Association and the Association shall have the same rights as if such cargo belonged to a third party but to the extent only that such loss or damage is not recoverable under any other insurance upon the said cargo which in any event shall be deemed to be insured for its full value at the time of shipment on the current form of Lloyd’s policy with the Institute Cargo Clauses (C) 1.1.82.
  8. no claim shall be allowed where a Member has become liable in consequences of deviation unless;
    1. in the case of a deviation authorized by the Member, prior written notice of the intended deviation has been given to the Managers, or
    2. in the case of deviation without the Member’s authority the earliest possible notice has been given to the Managers upon the Member receiving information thereof; and

    in either case the Managers have in their discretion confirmed to the Member that his cover under this Rule continues unprejudiced.
    Nevertheless, the Managers may allow such a claim either in part or in whole notwithstanding the failure of the Member to give such notice as aforesaid if, in their discretion, they consider that the Member had reasonable grounds for believing that no deviation was to be or had been made.

    NB: If, upon receiving information of the deviation, the Managers advise the Member that his cover under this sub-rule is prejudiced, and if the Member then requests the Managers to arrange a special insurance to cover his liabilities arising out of the deviation and the Managers do obtain such coverage, the cost of such insurance shall be borne entirely by the Member.

  9. unless the Managers shall in their discretion otherwise determine, there shall be no recovery in respect of a Member’s liability;
    1. for liability, cost or expense arising out of discharge of cargo at a port or place other than the port of place provided in the contract of carriage,
    2. for liability, cost or expense arising out of the failure to arrive or late arrival of the entered ship at a port of loading of the failure to load any particular cargo or cargoes in a chartered ship,
    3. for liability, cost or expense arising out of the delivery of cargo without the production by the person to whom delivery is made of the relevant negotiable bills of lading, waybills or other negotiable documents duly endorsed to such person,
    4. for liability, cost or expense arising out of or in respect of issue of a bill of lading, waybill or other negotiable documents recording the shipment or receipt for shipment on a date prior to or subsequent to the date on which the cargo was in fact loaded, shipped or received as the case may be,
    5. liabilities, costs or expenses in respect of a bill of lading, waybill or other similar document containing or evidencing the contract of carriage, issued with a description of the cargo or its condition, marks, numbers, weight or measurement which the Master of the entered ship or the Member knew or ought to have known was not correct,
    6. liabilities, costs or expenses in respect of delivery of cargo against only one of a set of original negotiable bills of lading, waybills or other negotiable documents carried on the chartered ship during all or part of the transport of that cargo on board that ship,
    7. liabilities, costs or expenses in respect of any deck cargo unless the bill of lading, waybill or other negotiable document states that the cargo is carried on deck and that the Member is free from liability for all loss or damage or that the liability of the Member is the minimum required by law. This exclusion does not apply to cargo carried in containers which are fully enclosed in steel or aluminum,
      NB: as to containers, see proviso (xiii).
  10. if the liability of the Member arises from the terms of a contract of indemnity between the Member and the owners or operators of cranes or other appliances or craft used during the operations of loading or discharging a chartered ship, or persons responsible for the custody of cargo to be loaded in or having been discharged from a chartered ship, the Member shall only be entitled to recover if the terms of the contract of indemnity shall first have been approved by the Managers;
  11. the Member shall be entitled to recover the extra cost (in excess of the cost which would otherwise have been incurred by him under the contact of carriage) of discharging or disposing of damaged or worthless cargo in respect of which the Member may be liable, but only to the extent that such Member is unable to recover in respect thereof against any other party;
  12. Steel products
    the Association will not be liable for claims arising out of the carriage of steel products unless a preloading survey has been carried out at the Member’s expense by a surveyor approved by the Association, bills of lading claused in accordance with surveyor’s findings and any recommendations of the surveyor complied with;
  13. Containers not carried under deck
    unless previously otherwise agreed in writing by the Managers, the Association will not be liable for claims arising out of the carriage of any container not carried under deck unless such container is fully enclosed in steel or aluminum and is carried in accordance both with the applicable regulations of the International Maritime Organisation and with a lashing plan approved by the Classification Society with which the vessel is classed or by a surveyor appointed by the Association but paid for by the Member;
  14. Perishable Cargoes
    the Association will not be liable for claims arising out of the carriage of perishable cargoes unless;

    1. a pre-shipment survey carried out at the Member’s expense by a surveyor approved by the Association has determined that cargo is fit for the intended voyage, and
    2. the surveyor has confirmed in writing that the cargo space, ventilation equipment and stowage are fit for the intended carriage, and
    3. the Member complies with all recommendations made by the surveyor in connection with the carriage.

20. Collision Liability to Cargo Carried in a Chartered Ship

Liability for loss of or damage to cargo carried in chartered ship arising out of a collision between the chartered ship and another ship caused by the fault both of the chartered ship and the other ship for which a Member is liable to indemnity the owner of charterer of such other ship, solely by reason of responsibility for such loss or damage being determined in a country where the liability for such loss or damage is joint and several and the ‘Both to Blame’ Collision Clause is held invalid;

PROVIDED ALWAYS that where such cargo belongs to the Member, such Member shall be entitled to recover from the Association and the Association shall have the same rights as if such cargo belonged to a third party but to the extent only that such loss or damage is not recoverable under any other insurance upon the said cargo which in any event shall be deemed to be insured for its full value at the time of the shipment on the current form of Lloyd’s marine policy with the Institute Cargo Clauses (c) 1.1.82.

21. Unrecoverable General Average Contributions

The proportion of general average expenditure (including salvage) and special charges which the Member is entitled to claim from cargo or from some other party to the maritime adventure but which are not legally recoverable solely by reason of a breach of the contract of carriage;

PROVIDED ALWAYS that:

  1. if such proportion and special charges are not recoverable by reason of deviation, the terms of proviso(viii) of sub-rule 19 of this Rule shall likewise apply to this sub-rule;
  2. the Managers may in their discretion reject any claim or reduce it to the extent by which they consider it would have been reduced had the contract of carriage contained exemptions from liability as favourable to the carrier as those contained in the Hague-Visby Rules.

22. Charterer’s Proportion of General Average

Liability for Charterers’ proportion of general average expenditure, special charges or salvage in respect of bunkers and freight at risk to the extent that such liability is not otherwise covered by insurance.

23. Fines

Fines for other penalties in respect of the chartered ship imposed by any court, tribunal or authority of competent jurisdiction for:

  1. short or overlanding or over delivery of cargo or for failure to comply with regulations relating to declaration of goods or documentation of the ship or cargo,
  2. smuggling or for any infringement of customs laws or regulations.
  3. breach of immigration laws or regulations.
  4. The accidental escape or discharge of oil or any other substance or the threat thereof provided that the Member is insured for pollution liability by the Association under sub-rule 24 of Rule 4, and the subject to the applicable limit of liability in respect of oil pollution claims,
  5. Any other act, neglect or default of the Master or member of the crew or other servant or agent of the Member where, in the discretion of the Managers, the liability comes within the scope of the cover afforded by the Association;

PROVIDED ALWAYS that:

  1. there shall be no recovery from the Association of a fine imposed upon a Member for the overloading of a chartered ship or for illegal fishing or for the legal costs and expenses in relation thereto;
  2. there shall be no recovery from the Association under (c) above unless the Member can satisfy the Managers that proper steps were taken to guard against desertions and landing without the permission of the proper authority and in the case of men who are refused permission to land by the United States authorities, unless sufficient watchmen approved by the Association’s local representatives have been employed or the men concerned have been taken ashore into police care for safe custody;
  3. there shall be no recovery under this sub-rule arising out of a Member’s liability in respect of supernumeraries;
  4. there shall be no recovery in respect of infringement or violations of or compliance with provisions regarding construction, adaptation, equipment and documentation of ships contained in the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1987 and as modified or amended by any subsequent, legislation, including any modifications or amendments thereto, of any state giving effect to that Convention;
  5. there shall be no recovery from the Association of fines or penalties of whatsoever nature for which a Member may be liable if the Managers consider in their discretion that the Member knew or should reasonably have known that he would become liable or if the Managers in their discretion consider that such fines or penalties arise out of default of the Member, his managers, superintendents or onshore management.

24. Pollution

The liabilities, losses, damages, costs and expenses set our in paragraphs (a) to (e) below when and to the extent that they are caused by or incurred in consequence of the discharge or escape from the chartered ship of oil or any hazardous substance, or the threat of such discharge or escape:

  1. liability for loss, damage or contamination,
  2. any loss, damage or expense which the Member incurs, or for which he is liable, as a party to the International Tanker Owner’s Pollution Federation (ITOPF) or any other agreement approved by the Directors, including the cost and expenses incurred by the Member in performing his obligation under such agreements,
  3. the cost of any measures reasonably taken for the purpose of avoiding or minimising pollution or any resulting loss or damage together with any liability for loss of or damage to property caused by the measures so taken,
  4. the cost of any measures reasonably taken to prevent an imminent danger of the discharge or escape from the insured ship of oil or any hazardous substance,
  5. the cost or liabilities incurred as a result of compliance with any order or direction given by any government or authority for the purpose of preventing or reducing pollution or the risk of pollution, provided always that such costs or liabilities are not recoverable under the Hull policies of the chartered ship;

PROVIDED ALWAYS that:

  1. if the discharge or escape from the chartered ship causes loss, damage or contamination to property belonging wholly or in part to the Member, he shall have the same rights of recovery from the Association as if such property belonged wholly to different owners;
  2. any claim under this Rule shall without prejudice to any other exception or limitation herein, be subject to the limitation of cover set out in Rule 3.3.

25. Legal Costs of Enquiries

Legal costs and expense which a Member incurs in respect of a formal enquiry into a casualty involving the chartered ship, but only to the extent that the Managers may in their discretion determine.

26. Risks Incidental to Shipchartering

Liability, loss or expense incidental to the business of the chartering of ships which, in the discretion of the Directors, comes within the scope of the cover afforded by the Association. Claims under this paragraph shall be recoverable to such extent only as the Directors may in their discretion determine; however the Directors may not, except by a unanimous decision, decide that a claim falling within an exception so within the cover.

27. Loss of or Damage to the Chartered Ship 

Loss that the Member incurs to the registered or disponent owner of the chartered ship for loss of or damage to that ship and for financial loss arising as a direct consequence of loss of or damage to that ship.