engleski

Indemnity Clause in Standard Bareboat Charter

The aim of the paper is to analyse the Indemnity Clause contained in the standard BIMCO bareboat charter form with the code name BARECON 2001 as the most frequently used contract form in a bareboat charter. Due to the complexity of this issue, a special emphasis is placed on the analysis of BARECON 2001 provisions regarding the Indemnity Clause (clause 17). This paper includes provisions for the indemnification in case of any loss of the chartered Vessel. The prescribed clauses are also compared with the clauses contained in the BARECON 89 standard form which was preceded by the BARECON 2001 and with the options prescribed by the Croatian Maritime Code. The differences in the contents of the indicated sources are emphasised. The analysis refers to other provisions of the standard form primarily those relating to the insurance of the ship. It covers the provision of the origin of the contract in case of any loss of a chartered Vessel as a result from not acting according to the clauses of the agreement. Conclusively, the detailed analysis of the Indemnity Clause in BARECON 2001 points out the relevant questions influencing the content of the rights and liabilities of the parties. The Indemnity Clause in this standard agreement form also underlines the importance of interpretation in which parties participate in the risks. Furthermore, the importance of applying this clause is in order to avoid the unwanted disputes between the parties, as is outlined in the represented terms of the contract.

indemnity clause ; standard bareboat charter ; BARECON 2001 ; loss of chartered vessel

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