MLC EXTENSION CLAUSE 2019
The additional covers which follow do not form part of any member’s insurance unless and to the extent that they are expressly agreed and incorporated into the member’s certificate of entry.
Maritime Labour Convention Extension Clause 2019
- Subject only to the other provisions of this extension, the club shall discharge and pay on the member’s behalf under the 2006 Maritime Labour Convention, as amended (MLC 2006) or domestic legislation by a state party implementing MLC 2006:
- liabilities in respect of outstanding wages and repatriation of a seafarer together with costs and expenses incidental thereto in accordance with Regulation 2.5, Standard A2.5.2; and
- liabilities in respect of compensating a seafarer for death or long-term disability in accordance with Regulation 4.2, Standard A4.2.1.
- The member shall reimburse the club in full:
- any claim paid under paragraph 1(a) save to the extent that such claim is in respect of liabilities, costs or expenses recoverable under Class 1 Rule 4.5 (a); and
- any claim paid under paragraph 1(b) save to the extent that such claim is in respect of liabilities, costs or expenses recoverable under Class 1 Rule 4.1 (a).
- There shall be no payment under paragraph 1(a) or paragraph 1(b) if and to the extent that the liability, cost or expense is recoverable under any social security scheme or fund, separate insurance or any other similar arrangement.
- The club shall not discharge or pay any liabilities, costs or expenses under paragraph 1(a) or paragraph 1(b), irrespective of whether a contributory cause of the same being incurred was any neglect on the part of the member or the member’s servants or agents, where such liabilities, costs or expenses were directly or indirectly caused by or contributed to by or arise from:
Cancellation and automatic termination of cover
- any chemical, biological, bio-chemical or electromagnetic weapon
- the use or operation, as a means for inflicting harm, of any computer, computer system, computer software programme, computer virus or process or any other electronic system.
- This extension may be cancelled in respect of war risks by the club on 30 days’ notice to the member (such cancellation becoming effective on the expiry of 30 days from midnight of the day on which notice of cancellation is issued).
- Whether or not such notice of cancellation has been given, this extension shall terminate automatically in respect of war risks:
- upon the outbreak of war (whether there be a declaration of war or not) between any of the following: the UK, the USA, France, the Russian Federation, the People’s Republic of China;
- in respect of any ship, in connection with which cover is granted hereunder, in the event of such ship being requisitioned either for title or use.
- This extension excludes loss, damage, liability or expense arising from:
- the outbreak of war (whether there be a declaration of war or not) between any of the following: the UK, the USA, France, the Russian Federation, the People’s Republic of China;
- requisition for title or use.
- This extension shall be subject to General Rules 28, 29, 30 and Class 1 Rule 6.
- Without prejudice to paragraph 5, cover under this extension shall cease 30 days after notice of termination in accordance with either Regulation 2.5, Standard A126.96.36.199 or Regulation 4.2, Standard A188.8.131.52.
- Any dispute arising out of or in connection with this extension shall be governed by and construed in accordance with English law and any claim, dispute, legal action or proceeding arising out of or in connection with this letter of undertaking shall be subject to the exclusive jurisdiction of the High Court of Justice in London.
- For the purpose of this extension: “member” means any insured party who is liable for the payment of calls, contributions, premium or other sums due under the terms of entry. “seafarer” shall have the same meaning as in MLC 2006. “war risks” means the risks set out in General Rule 29.