TUULE_LAEVAD

Procedure for compensation for loss and damage due to the contamination of a ship

1. GENERAL PRINCIPLES

1.1  This procedure specifies the amount and manner of compensation for loss and damage due to the contamination of a ferry caused by passengers and vehicles.

1.2  The procedure for compensation for loss and damage due to contamination is in effect by virtue of clause 5.10 in the Regulations Concerning the Transport of Passengers and Vehicles on VÄINAMERI FERRY ROUTES: “To prevent contamination and malodorous scents from penetrating to the deck of a ship, dedicated vehicles in good technical repair shall be used for the transport of live animals and fish. Any damage or loss suffered by a ship, third parties or the environment due to contamination shall be compensated for by the driver or owner of the vehicle in accordance with the procedure stipulated by the carrier.”

1.3  Provisions referred to in clause 1.2 shall apply to vehicles transporting other types of hazardous cargo (e.g. logging trucks and road tankers) that may contaminate a ferry.

1.2 This procedure shall be mandatory for the carrier, passengers, vehicles and the owners of vehicles.

2. EXTENT OF CONTAMINATION AND COMPENSATION FOR CONTAMINATION

2.1 Upon contamination being caused or detected aboard a ship, a passenger or the owner of the vehicle shall notify the crew of this immediately.

2.2 Upon contamination being detected, a carrier’s statement (carrier’s Safe Management System Report Form 4) shall be completed, recording the scale of the contamination aboard the ship, the name and contact details of the party having caused it and its cause. The carrier’s statement shall be signed by the ship’s master, maritime helmsman on call and the person having caused or reported the contamination.

2.3 The ship’s master shall assess the scale of the contamination of the ship, designating it either as major or extensive.

2.4 In the event of the major contamination of a ship, the carrier shall assess the cost of cleaning up the contamination at EUR 40, accounting for the use of approximately 0.5 tonnes of freshwater and the cost of chemical agents.

2.5 In the event of extensive contamination aboard a ship, the carrier shall estimate the amount of clean-up costs to be the grand total of the costs of any loss and damage suffered by the carrier, any consequential damages and any other outlays if it is not less than EUR 200.

2.6 After completing the statement referred to in clause 2.2, the carrier shall present the party having caused the contamination, depending on the scale of the contamination, with an invoice for the amount of EUR 40 (major contamination) or for no less than EUR 200 in the event of extensive contamination.