Claims for salvage including special compensation are not subject to limitation. Otherwise salvors may become reluctant to undertake salvage. However, the exemption only covers direct claims from salvors and not indemnity claims for salvage expenses under the contract of carriage. Moreover, even claims by salvors must be in the nature of salvage and not otherwise in order to be unlimited.
Claims for oil pollution damage covered by the 1992 CLC are also excluded as the 1992 CLC and the 1992 FUND conventions contain their independent special liability regimes which include limits of liability.
Damages arising from nuclear damage which are subject to national or international legislation are also excluded.
Claims which concerns the servants of the owner and salvors. Their claims are not universally excluded from limitation, but it is left to the law governing their contract to decide whether these will be allowed in full or limited.
The provision requires that the servant’s duties “are connected with the ship”, which would certainly include the master and crew members. Servants whose duties are only temporarily connected with the ship may also be covered by this provision if they are physically located at the time of the damage on board or in close proximity to the ship.
Add comment