Assistance by a ship or any person on board a ship, to another ship in danger of being lost, constitutes an act of maritime assistance. Assistance does not exist if it results from a contractual obligation prior to the event.
Assistance to seagoing vessels in danger, goods on board, freight and passage charges as well as services of the same nature rendered between seagoing vessels and inland vessels, are subject to the following provisions, without any distinction having to be made between these two types of services, and without taking into account the waters in which they are rendered.
The system of assistance operations in respect of ships and other property in danger must also take account of environmental protection, and each Member State shall take steps to this end in the waters under its jurisdiction.
All floating craft are assimilated, as the case may be, either to seagoing vessels or to inland water way for the purposes of the preceding paragraph.
Any act of assistance which has had a useful result gives rise to equitable remuneration.
No remuneration is due if the assistance rendered remains without useful result. However, in the environmental protection aspect, remuneration is due even if the assistance is not useful.
Under no circumstances can the amount payable exceed the value of the items saved.
Persons who have taken part in assistance operations despite the express and reasonable defence of the assisted vessel are not entitled to any remuneration.
The tug is only entitled to remuneration for the assistance of the towed vessel or its cargo, unless it has rendered exceptional services which cannot be considered as fulfilment of the towing contract.
Remuneration is due even if the assistance has taken place between vessels belonging to the same owner.
The amount of the remuneration is fixed by agreement between the parties or by arbitration or, failing this, by the court on the advice of the maritime authority of the place where the assistance took place.
The same applies to the proportion in which this remuneration is to be divided, either between the salvors, or between the owners, the master and the crew of each of the assisting vessels.
If the assisting vessel is a foreign vessel, the apportionment between the owner, master and persons in the service of the vessel shall be settled in accordance with the national law of the vessel on the advice of the maritime authority of the flag State of that vessel.
Any assistance agreement entered into at the time of danger or under the influence of danger may, at the request of one of the parties, be annulled or modified by the court if it considers that the conditions agreed upon are not equitable, taking into account the service rendered and the basis of remuneration indicated in article 195, or that the service rendered does not have the character of genuine assistance, whatever qualification the parties may have given it.
In all cases, where it is proven that the consent of one of the parties has been vitiated by fraud or deceit, or where the remuneration is excessively disproportionate to the service rendered, the agreement may be annulled or modified by the court, at the request of the interested party.
Remuneration is fixed by the court in accordance with the provisions of article 193, according to the circumstances, taking as a basis:
- In the first place, the success achieved, the efforts and merit of those who assisted, the danger run by the assisted vessel, by its passengers or crew, by its cargo by the salvors and by the assisting vessel, the time employed, the costs and damages damage sustained and the risks, liabilities and other obligations incurred by the salvors, the value of the equipment exposed by them, taking into account, where appropriate the special appropriation of the assisting vessel. Finally, all measures taken to prevent or limit environmental damage;
- Secondly, the value of the items saved, the freight and the price of passage.
The court may reduce or cancel the remuneration if it appears that the rescuers have made the rescue or assistance necessary, or that they are guilty of theft, concealment or other fraudulent acts.
No remuneration is payable for assistance with postal items of any kind.
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