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 subrules
1 to 26 of this Rule, in respect of costs relating thereto by reason of the liability, loss or expenses (as the case may be) and legal costs of the Member by reason of his interest in an entered ship, PROVIDED ALWAYS that:
(i) the Member is only insured to the extent that he has paid and discharged his liability or paid the loss or expense concerned, save for claims arising under sub rule 1 to the extent provided in sub rule 1(vii) and claims arising under sub rule 5(b) or as the Directors in their discretion shall otherwise decide.
(ii) The Member shall be liable to reimburse the Association in full for any payment made to the Master or a member of crew or his representatives under sub-rule 1(b) and / or sub-rule 5(d) unless and to the extent that cover would otherwise have been available to the Member under the other provisions of sub-rules 1 and 5.
(iii) Sub-rules 1(b) and 5(d) take effect only as financial security in favour of the Master and crew and are not an extension of cover available to the Member under the other provisions of sub-rules 1 and 5.

  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 an Entered Ship
  16. Towage by an Entered Ship
  17. Contracts of Indemnity
  18. Quarantine
  19. Loss of or Damage to Cargo
  20. Collision Liability to Cargo Carried in an Entered Ship
  21. Unrecoverable General Average Contributions
  22. Ship’s Proportion of General Average
  23. Fines
  24. Pollution
  25. Legal Costs of Enquiries
  26. Risk Incidental to Shipowning

1. Loss of Life, Personal Injury and Illness

  1. Damages, compensation, wages, maintenance, hospital, medical and funeral expenses for which a Member may be liable arising out of loss of life, personal injury or illness of:
    1. the Master or a member of crew,
    2. any person on board any other ship,
    3. any other person;
  2. Payment by the Association to the Master or a member of crew or his representative of contractual or statutory claims for compensation for death or long-term disability pursuant to any enactment or provision implementing Regulation 4.2 Standard A4.2.1 paragraph 1(b) of the Maritime Labour Convention 2006 as amended PROVIDED ALWAYS that the Association shall not make any payment under this sub clause if:
    1. such payment would be recoverable by the Master or member of crew under a social security scheme, fund, separate
      insurance or similar arrangement;
    2. the exclusions from cover in General Rules 28, 29 and 30 (radioactive, war risks and others, sanctions) apply.

    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;
      NB: see sub-rule 17 of this Rule.
    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 pre-existing medical conditions or death by natural causes.
    7. where the Member has failed to discharge or pay a legal liability to pay damages or compensation for loss of life, personal injury or illness of a member of crew the Association may discharge or pay such liability on behalf of the Member on the following conditions:-
      1. the member of crew or dependents has no enforceable right of recovery from any other party and would otherwise remain uncompensated;
      2. subject to the provisions of sub-rule 1(vii)(c) below the Association shall in no circumstances be liable for any sum n excess of the amount which the Member would have been able to recover from the Association under the Rules and the Certificate of Entry;
      3. where the Association is under no liability in respect of the claim by virtue of the entry having been cancelled for non-payment under General Rule 34, the Association may neverthless discharge or pay the claim to the extent that it arises from an event occurring prior to cancellation of the entry, but only as agent of the Member who shall reimburse the Association in full for the amount paid.

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 of crew, stores and victualling 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 entered 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.

4. Supernumeraries

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

PROVIDED ALWAYS that ( except in the case of a relative of the Master or of a member of the crew):

  1. an indemnity against the consequences of the supernumerary’s action in a form approved by the Managers backed by a suitable guarantee acceptable to the Managers shall be taken by the Member; and
  2. the Member shall ensure that the person giving the indemnity has taken out a suitable insurance to cover his obligations towards the Member;

AND FURTHER PROVIDED that in all cases, including in respect of relatives of the Master or of a member of the crew, the Mangers 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 has agreed to pay such additional calls or premium as may be required by the Association.

5. Repatriation

  1. Repatriation expenses which are not recoverable under subrule 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 member of crew PROVIDED ALWAYS that there shall be no 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 a 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 entered ship.
  2. The cost of repatriation or deportation necessarily incurred by reason of a member of crew having been left ashore or abandoned PROVIDED ALWAYS that there is a statutory obligation to pay such costs or there is a liability to pay such costs under any statutory enactment or domestic legislation giving effect or equivalent to the Maritime Labour Convention 2006 and such costs are not otherwise recoverable under this Rule.
  3. Expenses necessarily incurred by a Member in discharging his statutory obligations towards, or making necessary
    arrangements for, stowaways, refugees, Masters or members of crew who go on strike or deserters PROVIDED ALWAYS that the Member shall take or has taken all appropriate steps permitted by law to recover such expenses from the stowaway, refugee, Master or member of crew who go on strike or deserter or from any other person or insurer or from any national or international bodies or organizations concerned with such persons.
  4. Payment by the Association of maintenance, repatriation expenses, outstanding wages and entitlements due to the Master or member of crew pursuant to any enactment or provision implementing Regulation 2.5, Standard A2.5.2 of the Maritime Labour Convention 2006 as amended PROVIDED ALWAYS that the Association shall not make any payment under this sub clause if:
    1. such payment would be recoverable by the Master or member of crew under a social security scheme, fund, separate insurance or similar arrangement;
    2. the exclusions from cover in General Rules 28, 29 and 30 (radioactive, war and other risks, sanctions) apply.

6. Substitutes

Expenses necessarily incurred in sending a substitute or engaging and subsequently repatriating a substitute to replace the Master 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 while awaiting or during repatriation.

7. Shipwreck Unemployment Indemnity

Wages payable to the Master or a member of the crew during unemployment in consequence of the wreck or total loss of an entered ship, and other payments made to or in respect of such persons in consequences of the wreck or total loss, under statutory obligation or collective or special agreements or contract of employment or contract of service approved by the Managers.

8. Loss of Personal Effects

Compensation payable by a Member under statutory obligation or collective or special agreements, or contract of employment or contract of services approved by the Managers in respect of loss of or damage to personal effects of the Master or a member of the crew, on board an entered ship;

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

9. Distressed Seamen

Expenses incurred by or chargeable to a Member under statutory obligation or collective or special agreements or contract of employment or contract of service approved by the Managers 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 of employment or contract of service in accordance with the terms there of 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 entered ship.

10. Life Salvage

Life salvage, but only in as far as it is not recoverable under the Hull and Machinery policies on an entered ship or from cargo owners or their underwriters.

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 entered ship,

  1. to the extent of up to one-fourth of the Member’s total liability which would be insured under the Hull Policies referred to in Rule 6, but is not by virtue of the three fourths collision liability clause (being the one-fourth liability which is not covered under the Hull Policies referred to in Rule 6) or, if the Member’s actual Hull and Machinery policies exclude a smaller fraction than one-fourth, the fraction so excluded;PROVIDED ALWAYS that such liability is not in fact recoverable under the Hull and Machinery policies on the entered ship, and
  2. to the extent that the Member’s liability exceeds the sum insured under the Member’s actual policies on Hull and Machinery and Excess Liabilities and under sub-paragraph (a) of this sub-rule, by reason of such loss or damage exceeding the valuation or sum insured under the said policies;

PROVIDED ALWAYS that:

  1. if the Managers consider the valuation or sum insured under the policies on Hull and Machinery and Excess Liabilities may be less than the proper value they shall in their discretion determine the proper value and the Member shall only be entitled to recover the excess of the amount which would have been recoverable under such policies if the ship had been insured at such value;
  2. if both ships are to blame, then, unless the liability of the owner of one or both of them becomes limited by law, claims under this sub-rule shall be settled upon the principle of cross liabilities, as if the owner of each ship had been compelled to pay the owner of the other ship such one-half or other proportion of the latter’s damages as may have been properly allowed in ascertaining the balance or sum payable by or to the former in consequence of the collision;
  3. a Member shall not be entitled to recover from the Association any franchise or deductible borne by the Member under the policies on Hull and Machinery and Excess Liabilities:
  4. if a collision occurs involving two or more ships belonging to the same Member, the Member shall be entitled to recover from the Association and the Association shall have the same rights as if the ships had belonged to different owners.

12. Damage to Property

Liability which a Member incurs for loss of or damage to any fixed or floating object, not being another ship or cargo or other property therein or cargo carried in an entered ship, by reason of contact between the entered ship and such object when not covered by Hull policies;

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 entered 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 entered 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 an entered 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 entered ship 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,
    4. Recovery from the Association shall be conditional upon the circumstances in which the ship became a wreck having resulted from a fortuitous incident caused by collision, stranding, explosion, fire or similar cause and no claim shall be recoverable in the event that the entered ship becomes a wreck due to the dereliction or neglect of the Member.
  2. liability which a Member incurs in respect of the raising, removal, destruction, lighting or marking of the wreck of another ship to extent that the sinking of the ship is held to be the Member’s fault;

15. Towage of an Entered Ship

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

  1. the customary towage of an entered ship to the extent that the Member is not insured against such liability under the terms of the Hull policies of the entered 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 regarding 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 risk and liabilities did not fall upon the Owner of the towed vessel;
  2. any other towage of an entered 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 an Entered Ship

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

PROVIDED ALWAYS that:

  1. an entered 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 an entered 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 entered 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 entered 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 an entered ship being ordered or 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 for damage to or loss or shortage of or responsibility in respect of cargo intended to be or being or having been carried in an entered 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:

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 in an entered 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 carried on an entered 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 only to the extent 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 (A) 1.1.82
  8. no claim shall be allowed where a Member has become liable in consequences of a 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 an entered 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. for liability, cost or expense 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. for liability, cost or expense 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 entered ship during all or part of the transport of that cargo on board that ship,
    7. for liability, cost or expense in respect of any cargo carried on deck 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 an entered ship, or persons responsible for the custody of cargo to be loaded in or having been discharge from an entered 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, the 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. the Association will not be liable for claims arising out of the carriage of perishable cargoes unless;
    2. the surveyor has confirmed in writing that the cargo space, ventilation equipment and stowage are fit for the intended carriage, and
    3. the surveyor has confirmed in writing that the cargo space, ventilation equipment and stowage are fit for the intended carriage, and

20. Collision Liability to Cargo Carried in an Entered Ship

Liability for loss of or damage to cargo carried in an entered ship arising out of a collision between the entered ship and another ship caused by the fault both of the entered ship and the other ship for which a Member is liable to indemnify the owner or 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 like-wise 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.
  3. unless previously otherwise agreed in writing by the Managers there shall be no recovery under this rule if the entered ship was at the time of the general average incident more than 10 years old.

22. Ship’s Proportion of General Average

Ship’s proportion of general average expenditure (including salvage) and sue and labour expenses which are not recoverable under the policies on Hull and Machinery and Excess Liabilities by reason of the value of an entered ship being assessed for contribution to general average or salvage at a sound value in excess of the insured value under such policies;

PROVIDED ALWAYS that if in the opinion of the Managers the amount insured under such policies is less than the proper value, they shall determine the proper value and the Member shall only be entitled to recover the excess of the amount which would have been recoverable under such policies if the ship had been insured at such value.

23. Fines

Fines or other penalties in respect of the entered 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, provided that the Member is insured by the Association for cargo liability under sub-Rule 19 of Rule 4.
  2. smuggling or for any infringement of customs laws or regulation other than in relation to cargo carried on the entered ship,
  3. breach of immigration laws or regulations.
  4. The accidental escape or discharge of oil or any other substance of the threat thereof provided that the Member is insured for pollution liability by the Association under sub-rule 24 or Rule 4, 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 an entered 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 non 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 out 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 entered 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 minimizing pollution or any resulting loss or damage together with any liability for loss of or damage to property caused by 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 entered ship;

PROVIDED ALWAYS that:

  1. if the discharge or escape from the entered 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 expenses which a Member incurs in respect of a formal enquiry into a casualty involving the entered ship, but only to the extent that the Managers may in their discretion determine.

26. Risks Incidental to Shipowning

Liability, loss or expense incidental to the business of the owning, operating or managing 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 is within the cover.