The concept of the chartering contract of the maritime vessel. Freight agreement (sample). The procedure for entering into the chartering contract Regulatory regulation and essence
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; Color: # 000000 "\u003e Introduction
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; Color: # 000000 "\u003e 1.1. Types of chartering contract
; Color: # 000000 "\u003e 1.2. Form of concluding chartering contract.
; Color: # 000000 "\u003e 2. Characteristics of the chartering contract for the time (Time Charter)
; Color: # 000000 "\u003e 2.1. Time Charter Concept
; Color: # 000000 "\u003e 2.2. Differences of the Time Charter from related legal relations
; Color: # 000000 "\u003e Conclusion
; Color: # 000000 "\u003e List of used literature
; Color: # 000000 "\u003e Introduction:
; Color: # 000000 "\u003e The urgency of the topic of work is that the chartering contract of the vessel (including the time-charter directly considered in the work) is not allocated as an independent agreement in civil law.
; Color: # 000000 "\u003e Modern Russian maritime law and the practice of its application have developed in such a way that at the moment we have a discrepancy between the economic value of the concept of" chartering "to its legal definition.
; Color: # 000000 "\u003e From the point of view of economic, we can call the ship chartension agreement as a contract for the carriage of goods, passengers, baggage, if it is concluded with the provision of the provision of the entire vessel or individual ship facilities for the transportation of a ship with a crew or without His. In fact, and in another case, the parties may be called the same - "Freighter (shipowner)" and "Charterer", the subject of the contract - the movement of certain agreed objects (cargo, passengers, baggage) can be the same.
; Color: # 000000 "\u003e At the same time, the Russian right applies the concept of" chartering contract "exclusively to the carriage of goods, passengers, baggage. All other forms of operation of ships are a ship rental agreement as a vehicle.
; Color: # 000000 "\u003e The purpose of the work is to characterize the time charter as a variety of contractual relations. In accordance with the goal of the work task, it is provided for:
; Color: # 000000 "\u003e 1. Determination of the legal charter legal nature.
; Color: # 000000 "\u003e 2. Characterization of a time charter as a contractual relationship.
; Color: # 000000 "\u003e 3. The gradation of the time charter from related legal relations.
; Color: # 000000 "\u003e 1. Features of the charter chartering contract
; Color: # 000000 "\u003e 1.1 Types of chartering contract
; Color: # 000000 "\u003e Flight Charter. The most common way to operate the sea ship is the carriage of cargo. The types of maritime transportation contract are still established by the Code of Trade Navigation of the USSR, which operates in Russia in a part that does not contradict the current legislation of Russia, and, in particular, Civil Code. According to Article 120 KTM, the shipping contract may be concluded with the condition for transportation of the entire vessel, part of its or certain ship premises or without such a condition. In the first case, the maritime transportation agreement is also called a charter. Currently, the concept of chartering contract In Russian law, the transportation on the charter in KTM is determined by Article 787 of Part 2 of the Civil Code of the Russian Federation, which entered into force on March 1, 1996. According to this article, under the charter agreement (charter), one side (freighter) undertakes to provide the other party (the charterer ) for fee all or Part of the capacity of one or more vehicles per one or more flights for the transport of goods, passengers and baggage. At the same time, the Civil Code establishes that the order and form of concluding the chartering contract are provided for by transport charters and codes.
; Color: # 000000 "\u003e In practice, the cargo transportation contract without providing the entire vessel or ship premises is by taking the shipment to transport, to confirm that the transportation document is issued - an exhibition that contains the main conditions of the transport contract. Thus, the caviament performs immediately Several functions: It is proof of the existence of a shipment of the shipment, a document confirming the fact of receiving cargo to transportation, as well as a commodity-based document.
; Color: # 000000 "\u003e The chartering contract is by signing by the Parties of the relevant charter document. Compared to the Covenant, the charter is a much more detailed document containing a variety of conditions and regulating the rights and obligations of each Party. However, the signing of the charter does not exclude the issuance of a bill. Moreover, in some problems of charters, the use of a specific corosagon prooform is directly agreed. In this case, the building plays the role of the receipt of cargo to transport, and the relationship between the parties is regulated by the charter. It should, however, consider that the conditions contained in the contradiction of the charter and the cavaria. In Charter. The charter can be enclosed both on one flight and for several consecutive flights, or on the flight and back (several consecutive flights there and back). To distinguish with other chartering contracts in practice, it is customary to refer to the shipping contract with the provision of provision. Total S. Extra or its parts.
; Color: # 000000 "\u003e Parties to the flight charter are the shipowner (freighter), which owns the ownership of the vessel or the right to use and possess the lease agreement (Time Charter, Bearboout Charter), as well as the charterer. The charterer of the vessel can Independently carry out the functions of the shipper or hire a cargo freight forwarder for this purpose. The sender's name is indicated in the Covenant.
; Color: # 000000 "\u003e In the flight charter, unlike lease contracts, the vessel is described in less detail, since the shipowner of its nautical qualities and the state is known, and the charterer does not intend to carry out the operation of the vessel and is not interested in obtaining such data. Thus When concluding a flight charter, as a rule, it is enough to specify the name of the vessel, its carrying capacity and the register tonnage, as well as the possibility of replacing the substitute.
; Color: # 000000 "\u003e Time Charter. The concept of" Time Charter "for the first time in the domestic sea law was met in article 178 KTM USSR, which defines a time charter as a chartering contract for a ship with a crew (this de definition passed and in KTM RF). The new Civil Code introduced the concept of a vehicle lease agreement with the crew. According to Article 632 of the Civil Code of the Russian Federation, under the rental agreement (chartering for a time) of the vehicle with the crew, the landlord provides a tenant for a vehicle for temporary possession and use and provides on its own services on the management of them and on its technical operation.
; Color: # 000000 "\u003e At the same time, the Time Charter is not a ship rental agreement in its pure form. Under this agreement, as in any other lease agreement, the charterer acquires the right to use the vessel during the term due to the term for certain purposes. However Since the ship is surrendered by the crew, the use of the vessel is actually carried out by the charterer not on their own, but by the forces of the shipowner. If earlier the Time Charter was a contract that combines elements of hiring property with simultaneous service of services, now the legislator has allocated chartering for a time to a single species contract.
; Color: # 000000 "\u003e The legislator establishes the distribution of responsibilities between the parties in the Civil Code and in KTM, which is valid in a part that does not contradict the current legislation of Russia. So, on the shipowner, according to Articles 634 and 635 of the Civil Code of the Russian Federation, the duty is responsible to maintain the proper state of transport. Funds, including the implementation of the current and overhaul and the provision of necessary accessories, to ensure the normal and safe technical operation of the vehicle, form the crew and carry the costs of paying the crew services and its maintenance expenditures. Expenses related to the commercial operation of the vehicle, including expenses On payment of fuel, other materials consumed during the operation of the materials and for payment of fees, carries the charterer. However, these norms are dispositive and apply in the case when the contract does not provide for a different distribution of expenses between the parties. The same way is solved The question of the insurance of the vessel for the time charter period.
; Color: # 000000 "\u003e When concluding a time charter, it is necessary to keep in mind that Article 638 of the Civil Code of the Russian Federation established the right of the charterer without the consent of the shipowner to take the ship into the sublease, if the contract is not provided otherwise. This means that if the parties did not specify the parties. The question of the possibility of putting the ship to the sublender, the charterer such a right is due to the law.
; Color: # 000000 "\u003e The charterer In the framework of the commercial exploitation of the vessel, without the consent of the shipowner, to conclude contracts with third parties and other contracts that are not contrary to the goals of chartering, and if the goals are not specified - the appointment of the vessel.
; Color: # 000000 "\u003e The Civil Code imposes on the shipowner responsibility for the harm caused to third parties by the vessel, its mechanisms, devices, equipment. The shipowner has the right to submit a regressive requirement for compensation paid to third parties, if it proves that harm The fares of the charterer. The provisions of this article are imperative and cannot be changed by the Agreement of the Parties. Thus, even if the parties are submitted to the contract for the charterer's responsibility to third parties, it will not have forces.
; Color: # 000000 "\u003e Bearboat Charter and Dimaiz Charter. In the civil code of the Russian Federation, articles 642-649 are dedicated to the rental of the vehicle without providing management and technical services. The content of the Barboout Charter is very much determined by the Agreement of the Parties. To do this The contract is characteristic of the complete or almost complete liberation of the shipowner from the duty on the maintenance of the vessel, supply and equipment during the action of the contract. In most cases, the charterer is entrusted with a vessel insuring, and sometimes the risk of random death or damage to the vessel is imposed on the charterry. Variety of Bear Bebath Charter It is a dimiz charter, according to which the vessel is transferred to the charterer with a commissioned crew, but the captain and the crew goes to the charter service. The shipowner sometimes reserves the right to control the selection of candidates for the post of captain and senior mechanics when replacing them. Thus, when conclusion ACC agreements Ena will be resolved by the issue of returning the crew at the end of the contract. Otherwise, the legal consequences of Barboout Charter and Dimaiz Charter are the same.
; Color: # 000000 "\u003e Bearboat Charter, as a rule, gives the charter to the right to exploit the ship on his own behalf, rename it in agreement with the shipowner. The shipbed in Bearboat Charter can be registered by the charterer in the relevant register of the port of the port. All This provides free technical and commercial operation of the vessel by the charterer. It should be noted that the issue of the possibility of putting into the sublease legislator settled similarly to the Time Charter. Responsibility for the harm caused to third parties is directly charterer.
; Color: # 000000 "\u003e Frequently Barboout Charter is used to purchase vessels. At the same time, the freight rate is established such that at the end of the lease period the vessel's cost would be paid almost completely. At the end of the lease term, the shipping agreement comes into force And the charterer becomes the owner of the ship.
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; Color: # 000000 "\u003e 1.2 Form of concluding chartering contract. Model pro formations and their importance when concluding the chartering contract
; Color: # 000000 "\u003e In accordance with current legislation, the chartering contract lies in a simple written form. A contract in writing can be concluded by drawing up a single document signed by the parties, as well as by sharing documents through postal, telegraph, television, telephone, electronic Or a different connection that allows you to reliably establish that the document comes from the contract.
; Color: # 000000 "\u003e The greatest attention requires the compilation of a single document. The conditions included in the parties to the contract must exclude the possibility of a dual interpretation. The document stipulates
; Color: # 000000 "\u003e The chartering charter is one of the oldest international law. In addition, taking into account the constant demand for services provided by shipowners and other carriers, chartering contracts are concluded very often. At the same time, the specifics of the vessel and its operation on The sea does not allow a brief statement of the main terms of the contract, the parties are forced to regulate the set of nuances in detail. The result of long-term developments has become the creation of typical problems of all types of charters. Proformas are designed, recommended or approved by non-governmental international organizations such as the Baltic and International Maritime Conference ( Bimko), British shipping chamber, IMO, etc.
; Color: # 000000 "\u003e Most often, charter pro formations consist of two parts - a part of the first, so-called" box "and part of the second, containing the actual text. The charters are used by signing the full text of the deformations with changes made by the parties, by filling and signing Boxing part by "filling" boxes with conditions agreed by the parties as a result of correspondence. In addition, when concluding various contracts related to the operation of the vessel, the parties may refer to specific proforming. In this case, from the point of view of Russian legislation, the charter program will be represented Approximate terms of the contract, sending to which is contained in the contract.
; Color: # 000000 "\u003e From the knowledge of the conditions of the main problems of charters by the participants of the transport process, the commercial results of the flight, as well as to minimize the capabilities of claims, are largely dependent.
; Color: # 000000 "\u003e For convenience of use in all recommended arms there is a numbering of rows, which is saved unchanged independently of the publication of the pro forma and the language on which it is published. Thus, the parties have the opportunity by signing the adternum or by correspondence to coordinate specific conditions, eliminate From the proform of individual provisions or supplement it.
; Color: # 000000 "\u003e If the parties make only a reference to the oppform, it is necessary to remember that some proformings have the same name, but different editions. Therefore, the year should be specified in which the necessary version has been approved.
; Color: # 000000 "\u003e When the text is adjusted, the parties should take into account that the change in some conditions can change the legal nature of the contract and with the interpretation of the contract, taking into account the norms of substantive law, regardless of the subject name, it will be necessary to be guided by the rules of law regulating the actual relations of the parties.
; Color: # 000000 "\u003e When concluding a chartering contract with a specific counterparty for the first time, as, however, and any contract, it is necessary to establish whether the charterer is entitled to conclude this kind of contract. Ideally, you should request copies of constituent documents (charter and certificate of registration), Which will remain applied to your copy of the Treaty before the end of the calculations on it. If it is technically impossible (for example, the Agreement lies on correspondence, etc.), the charterer points out these constituent documents.
; Color: # 000000 "\u003e often in the event of the need to contact the charterer in the process of execution of contracts arise difficulties, in connection with this, the actual and email address must be specified in the contract, as well as all other means of communication. The contract may include a condition that bindings The charterer to notice about changing the address in a timely manner, with the failure of which all the notifications of the shipowner will be considered to be obtained upon admission to the address specified in the contract.
; Color: # 000000 "\u003e An important point is the establishment of the charter's solvency. Currently, the court often takes back to perform specific transportation and fishery with the transfer of freight from income received from the exercise of the vessel operation. First, even a conscientious charterer in Conditions of Russia and, taking into account the peculiarities of working on the sea, it is not possible to reliably predict whether income will be obtained and in what size. It is best to protect the interests of the shipowner condition on the prepayment of freight. In cases where it is impossible, it makes sense to use other ways provided by legislation ensuring the fulfillment of obligations. The open list is contained in Article 329 of the Civil Code of the Russian Federation, in particular, the fulfillment of obligations can be ensured by a penalty, a pledge, retention of the debtor's property, guarantee, bank guarantee, a deposit and other methods provided for by law or contract.
; Color: # 000000 "\u003e Special attention should be paid to the authority of the person signing the chartering contract. Most often, the statutory documents emphasize the authority to act without a power of attorney on behalf of the legal entity of the Director-General or other, as a rule one, face. Thus, all other representatives act Only by proxy issued properly on behalf of the legal entity by his head. The power of attorney must be drawn up with the necessary authority, signed by the first leader and certified by the seal. Power of attorney, issued without specifying the date of the commission, is insignificant. The person who is given a power of attorney, has the right to pass the authority another person, if specified in the power of attorney. The power of attorney issued in the order of the transmission should be notarized. According to Art. 183 of the Civil Code of the Russian Federation, in the absence of authority to act on behalf of another person or when such powers are exceeded, the transaction is considered perfect on behalf of and in the interests of Her face, if only another person (represented) subsequently will not directly approve this transaction. To avoid misunderstanding, the shipowner should store the original or a certified copy of the power of attorney of the representative of the charterer during the term of the chartering contract.
; Color: # 000000 "\u003e Legislation does not regulate the procedure and conditions for the production of payments under the chartering agreement. If the Parties are used to use standard deformations in the conclusion of the chartering contract, it is often enough to specify freight bid for a period or quantity of cargo transported in the corresponding column. Order and Conditions will thus be determined in accordance with the outlined in the project. Parties may also provide other procedure for calculating freight. At the same time, it is necessary to indicate in the contract of freight rate (the amount that is subject to payment), the order of payment, that is, where and how money is made , and payment times. Inclusion in the contract of any of these conditions may entail disagreements in the interpretation of the contract, and. Consequently. Difficulties in carrying out mutual settlements. Parties also have the right to provide in the chartering contract penalties for late payments. As a rule, it is set as a percentage from unpaid amount per day. Those, the rate of the fine can be installed in a solid amount.
; Color: # 000000 "\u003e In some cases, the charterers are self-defined from the freight amount due to the shipowner, various expenses that charters produced. From the point of view of civil law, such retention (tests) are possible only if the consent of the shipowner is possible or if it is directly agreed by the contract. In any other case, the freight should be fully listed, and all other mutual settlements are made by the parties in addition. The same applies to the application of the right of collateral to the goods: the shipowner has the right to apply the right of deposit on the load only if this is directly stipulated by the contract.
; Color: # 000000 "\u003e Difficulty is that according to Russian civil law, the appeal of recovery on the subject of pledge (for example, cargo) can only be carried out in court by selling the subject of pledge through judicial performers and payments from the amount due . It is clear that it is almost impossible to draw a recovery on a perishable cargo. In addition, the contracts for the pledge of certain types of property, there are special requirements, as the need for a notary certificate or registration in special bodies. Otherwise, the contract or condition about the pledge is invalid and not Can be applied.
; Color: # 000000 "\u003e In this regard, a more convenient form of ensuring the execution of the obligation to pay for freight may be retention. According to Article 359 of the Civil Code of the Russian Federation, the lender who has a thing to be transferred to the debtor or the person specified by the debtor, has the right in case of non-fulfillment The debtor on the term of obligations to reimburse the lender related costs and other losses to keep it until the relevant obligation is fulfilled. It is applied to the retention of the law and no appropriate condition for the contract is not required. Satisfaction with the requirements for the rendered property is carried out in court order.
; COLOR: # 000000 "\u003e Most often, when concluding the chartering contract, phrases type" All that is not resolved by the terms of this Agreement is considered on the basis of ... ", after which it is indicated or a regulatory act. In addition, the parties can, as Already mentioned above, make a reference to a proforming, representing the approximate terms of the contract, and on the customs of the business turnover (for example, the port of the port of the port). In any case, the main thing is that, when signing the contract, the shipowner clearly imagined the maturity issues in material law To which there is a reference.
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; Color: # 000000 "\u003e Chapter II. Legal regulation of a ship chartering for a time (Time Charter)
; Color: # 000000 "\u003e 2.1 Concept of time charter
; Color: # 000000 "\u003e Time Charter is one of the discussion institutes of international private maritime law. In national legislation, legal doctrines, judicial and arbitration practice can be distinguished three main approaches to solving this problem. According to one of them, the time charter is understood. As a type of property of property hiring (lease). Another point of view comes from the fact that the institute under study is a transport contract. Some authors believe that the legal characteristics of the time charter are so significant that its allocation is necessary for an independent institution of maritime law.
; Color: # 000000 "\u003e Detection of the legal nature of the charteing contract for a time requires not only the analysis of national legal issues, taking into account their historical development, but also studying the entire totality of rights and duties arising from the time charter on the doctrinal level. Analysis, my The view must be carried out in the ratio with adjacent marine law institutions: the shipping contract is the charter and the chartering contract of the vessel without a crew - Barbout or Dimais Charter.
; Color: # 000000 "\u003e The Civil Code of the Russian Federation, which entered into force in 1995-1996, first included norms (§§ 3 of chapters 34), devoted directly to the lease agreement (chartering for a time) of a vehicle with the provision of management and technical services Operation. Prior to that, the special provisions on the studied contract were found only in the Code5x of trade navigation, which created difficulties in their cooperation with the civil institutions.
; Color: # 000000 "\u003e However, the adoption of the Civil Code of the Russian Federation raised the issue of its relationship with CTM 1968. By virtue of the principle of Lex Specialis Derogat Legi Generali Art. 18 KTM indicated the subsidiance of civil law standards, establishing that they apply to relations arising from Trade navigation, only in a part, not regulated by maritime law. This provision entered into a contradiction with the Civil Code of the Russian Federation. According to paragraph 2 of Art. 3 of the Civil Code of the Russian Federation, the norms of civil law contained in other laws must comply with the Civil Code. Article 4 of the Federal Law of 26 January 1996 No. 15-FZ "On the introduction of part of the Second Civil Code of the Russian Federation" it establishes that laws will continue to bring them in line with part of the secondary Civil Code of the Russian Federation, they act in advance, since they do not contradict the part of the second Code. Articles 641 and 649 GK RF, providing for the possibility of establishing transport charters and codes of other features of vehicle rental, do not allow, nevertheless , It is concluded that such features can contradict the Civil Code of the Russian Federation.
; Color: # 000000 "\u003e Taking into account the noted above, as well as the fact that the Civil Code of the Russian Federation was adopted later than the CTM of 1968, it is necessary to conclude that, until the adoption of the CTM of 1999, the Troubleshooting of the vessel on time was regulated primarily in the Civil Code and Only subsidia and CTM 1968.
; Color: # 000000 "\u003e May 1999 came into force by the new Code of Trade Maritime Waving Code of the Russian Federation dated April 30, 1999 No. 81-FZ (followed by changes and dofals), in which the rules on the Time Charter were placed in Chapter X.
; Color: # 000000 "\u003e It seems that, despite paragraph 2 of Art. 3 of the Civil Code of the Russian Federation, with the discrepancy between the Civil Code of the Civil Code and the CTM of the Russian Federation, the provisions of the latter will have a priority. Civil Code and Trade Maritime Code - single-level acts, the resolution of the collision between which It can not be carried out by one of them by virtue of the famous postulate: "No one can be a judge in his dispute."
; Color: # 000000 "\u003e In the field of trade navigation, KTM is a special act and preference should be given to it. The priority of the provisions of the CTM of the Russian Federation is also confirmed by the principle of Lex Posterior Derogat Prior -" The subsequent act displaces the previous one, "since the Code of Trade Marketing was adopted later than the Code of Code RF.
; Color: # 000000 "\u003e In addition, Art. 1 KTM contains a standard similar to Art. 18 KTM 1968:" ... to property relations not regulated or not fully regulated by this Code (allocated by me. - V. L. ), the norms of civil law of the Russian Federation apply. "
; Color: # 000000 "\u003e Thus, the fact of recognition of the obligation to the chartering contract of the vessel means that it is regulated by the head of the CTM of the Russian Federation, subsidiary - § 3 of chapters 34 of the Civil Code of the Russian Federation, then the general provisions on lease § 1 of chapter 34 of the Civil Code of the Russian Federation.
; Color: # 000000 "\u003e In accordance with Art. 198 KTM of the Russian Federation, the Time Charter recognizes the agreement on which the shipowner undertakes for a conditional fee (freight) to provide the charterer to the ship and services of crew members for use for a certain period for the transport of goods, passengers or for other goals of commercial navigation.
; Color: # 000000 "\u003e of the Civil Code (Art. 632) under the contract for the lease of a vehicle with the crew understands such a contract for which the landlord provides a truly vehicle for a temporary possession and use fee and provides for its own services for managing them and technical operation.
; Color: # 000000 "\u003e Comparative analysis of these definitions shows that the subject of regulation of the two mentioned articles does not coincide. First, Art. 632 of the Civil Code of the Russian Federation applies not only for the rental of ships, but also, for example, on aircraft. In -The current, in the Civil Code it is referred to lease of vehicles that should be used in accordance with their intended purpose, that is, for transportation. However, not every vessel refers to vehicles. According to Art. 7 KTM of the Russian Federation under the vessel is a self-propelled or noncommet floating The construction used for commercial navigation. The goals of trade navigation include not only the transportation of goods, passengers and baggage, but also fishing of water biological resources, conducting marine scientific research and a number of others (Art. 2 KTM RF). Thus, the chartering contract on Time, for example, a fishing vessel or icebreaker, does not fall under the paragraph 3 of chapters 34 of the Civil Code of the Russian Federation.
; Color: # 000000 "\u003e Defining the Time Charter Agreement, the CTM of the Russian Federation operates the term" freight ", unlike the concept of" rent "in the CTM 1968, besides, the new code avoids the use of the term" tenant "in relation to the charterer. According to A. G. Kalpina, the use of special marine concepts instead of the generals testifies that the chartering of the vessel for a while cannot be equated to the general property of the property.
; Color: # 000000 "\u003e Used in the CTM 1968 terms" Rental fee "," Tenant "was caused by the need to deliver the relationship under consideration from the carriage model, subordinating their rules for leases. Currently, when a special chapter has a special chapter dedicated to Renting vehicles, the need to use these terms in order to determine the legal nature of the contract disappeared and the legislator returned to the concepts traditional for commercial navigation.
; Color: # 000000 "\u003e V. V. Vitryansky notes that the Civil Code shares certain types of leases and rental of certain types of property. Vehicle lease agreement is a separate type of lease with a specific subject, including three objects: the first kind object - actions on Property transfer; The object of the second kind is the property itself; the object of the third action of the parties to the management of the vehicle and its technical operation.
; Color: # 000000 "\u003e In this issue, V. Vitryansky opposes another point of view, according to which the lease agreement (chartering during the time) of the vehicle is considered as an integrated, establishing liabilities: a) directly related to the provision of vehicles for rent, and b) to assist the tenant of services related to management and its technical operation. A contract that does not provide for providing such services is purely lease. In this case, the meaning of special regulation consists only of the need to take into account the characteristics of the leased property.
; Color: # 000000 "\u003e According to V. V. Vitryansky, the lease agreement (chartering for a time) of the vehicle is not just a mixed contract that combines the elements of lease and providing services, but represents a separate type of lease agreement. In support of its position by the author The following leads.
; Color: # 000000 "\u003e on the specified contract for rent is not just a vehicle as a special type of property, but such a vehicle, possession and use of which requires the management of it and ensure its technical operation. At the same time, we are talking about qualified management and technical operation With the help of the crew. This feature relating to both varieties of a vehicle lease agreement allows you to determine the circle of vehicles that can be subject to the contract under consideration. In particular, from among such objects the author excludes a car. In this case, according to V. V. Vitryansky The relations of the parties should be governed by no norms on the rental of the vehicle, but by the general rules on the lease agreement.
; Color: # 000000 "\u003e The use of leased property is specific, targeted: the vehicle can only be operated for the transport of passengers, cargo, mail and baggage.
; Color: # 000000 "\u003e In relations with third parties, the tenant acts as a carrier (contractual relationship), or as a landlord (sublease), or as a vehicle owner (delicate obligations).
; Color: # 000000 "\u003e The first argument seems to be somewhat controversial. Any vehicle requires the management of it and its technical operation. Moreover, in most cases, these actions require special training and skills, that is, the appropriate qualifications. Control car is possible only after passing the state exam and receiving a driver's license. It is indisputable that technical operation (that is, the repair, maintenance) of the car also requires special knowledge. Therefore, the use of the proposed V. V. Vitryansky criterion as a qualifying sign of a lease agreement (chartering for a time) of a vehicle is difficult.
; Color: # 000000 "\u003e Features of the institution under study are that it, firstly, is a mixed lease agreement and provision of services, secondly, the leased property is used by the tenant for certain purposes (marine vessel - for commercial navigation) . The rest of the features, I believe, are represented by the specifics of the leased property and the sphere of its appeal. These include, in particular, the impossibility of the tenant to require the conclusion of the contract for the new term, the lack of the need for state registration of the contract, the right of the tenant without the consent of the landlord to take the vehicle to the Subarent, if No one is not provided for by the contract, the peculiarities of the repair and maintenance of the leased property.
; Color: # 000000 "\u003e 2.2 Differences of the Time Charter from related legal relations
; Color: # 000000 "\u003e in the Civil Code of the Russian Federation, as in the new trade navigation code, separate regulation received a ship chartering without a crew (Barboout Charter). This institution does not have the presence of such an element as the provision of services, but for this exception to him Inherent in all the above features.
; Color: # 000000 "\u003e From the two mentioned contracts (Time Charter and Barboout Charter), which are varieties of the rental model, it is necessary to degrade the chartering contract, the definition of which is contained in Art. 787 of the Civil Code. The charter agreement (charter) is recognized as such a contract, According to which one side (freighter) undertakes to provide the other side (charter) for a fee for a fee or part of the capacity of one or more vehicles per one or more flights for the transport of goods, passengers and baggage.
; Color: # 000000 "\u003e V. V. Vitryansky notes the obvious similarity of this design with the chartering contract for a while. Nevertheless, it is necessary to fully agree with the author in the fact that" these treaties in the system of civil law contracts have a generic affiliation ... Transportation contracts and lease agreements (chartering on time).
; Color: # 000000 "\u003e On sea transport by the chartering contract in the sense of Art. 787 of the Civil Code of the Russian Federation is the charter (regular) - one of two types of cargo shipping contract.
; Color: # 000000 "\u003e In the light of the difference in the three indicated contracts, an interesting refraction receives a rule of navigability of the vessel. With reference to the flight charter, it is formulated as follows:" The carrier is obliged in advance before the start of the flight, bring the ship to the nautical state: to provide the vessel to the vessel to Swimming, properly equipped the ship, staffing its crew and supply everything necessary, as well as bring the tricks and other vessel premises, in which the cargo is transported to a state that provides adequate reception, transportation and safety of cargo "(Article 124 of the Russian Federation). Simplified Speaking, under the transportation contract, the ship's shipment is the "technical suitability of a ship to swimming in a particular flight and with a specific cargo."
; Color: # 000000 "\u003e In the charter chartering agreement, the concept of seaworthiness is defined as the adoption of measures to ensure the shelf's shelf life (its corps, engine and equipment) for the chartering objects provided by the time charter, on the staffing of the ship by the crew and the proper ship's equipment. Such So the vessel should be suitable for ordinary for ships of this type of cargo operations. It is not required that the shipowner brings the vessel to a state that meets the features of any particular cargo that the charterer has the right to immerse the ship.
; Color: # 000000 "\u003e The range of requirements for navigaty vessel, chartered by the Barbout Charter, is still: it should not be equipped with a crew and cutting. In addition, unlike a flight charter and a time charter under the ship chartering without The crew of the shipowner is obliged to bring the ship in the navigator only by the time of his transfer to the charterer. In the first two cases, this duty of the shipowner applies to the entire time of the flight (the actions of the contract).
; Color: # 000000 "\u003e Article 198 KTM RF, giving a definition of a time charter, establishes that the vessel is provided to use the charterer. However, as in the CTM of 1968, there is a position in the New Maritime Law, according to which the shipowner is a person who operates ship from his own behalf (Art. 8). The head of the CTM of the Russian Federation delimits the operation of the vessel on the commercial and navigation and technical. Direct answer to the question, what operation is meant in Art. 8 CTM of the Russian Federation and whether the time charter charterer is considered as The shipowner is not contained in law. A. G. Kalpin believes that despite the fact that in Art. 198 KTM of the Russian Federation refers to the provision of a ship to use the charterer, it should be recognized that the authorities also goes to the authorities, as in commercial issues The crew of the ship is subordinated to him. At the same time, the author recognizes that the vessel does not go out of the possession of the shipowner. Crew members remain his employees and are obliged to obey Sports of the shipowner belonging to the management of the vessel. These circumstances, according to A. G. Kalpine, allow us to talk about temporary double ownership (or concomposition) by the ship.
; Color: # 000000 "\u003e Article 632 of the Civil Code of the Russian Federation, unlike Art. 198 KTM of the Russian Federation, it establishes that, under the lease agreement with the crew, it goes to possession and use of the tenant.
; Color: # 000000 "\u003e V. V. Vitryansky also believes that in relations with third parties, the tenant acts as the owner of the vehicle.
; Color: # 000000 "\u003e In fact, the time charter charterer is not the owner of the vessel. The authorities are traditionally traditionally, since the time of Roman law, it is understood as a legally secured opportunity to have a thing in itself, in fact possess it. Determining that there is an actual possession of the seaside , Introduces the famous complexity. Finding a TV in an apartment, a car in the garage does not cause problems with the identity of the owner - obviously, it is the person who owns an apartment or a garage. A marine ship is usually either working in the sea in accordance with its functional purpose, either located in the port, database, etc., which do not belong to the owner of the vessel. The owner of the vessel should recognize a person who has an actual opportunity directly (i.e. with its own actions) to influence it: to control the ship, manage it etc. Since when time-charter, the captain and ship team remain employee serving Delta, and the actions of the legal entity workers are considered the actions of the legal entity, the above-mentioned laws in relation to the vessel retains only the shipowner. The time charter charter has the right to give the crew specifying on the commercial exploitation of the vessel, but the captain and team members are not the charterer employees. In fact, the charterer gives an indication of the shipowner itself represented by the crew of the vessel. The ability to give such instructions is based on compulsory legal relationship - time charter.
; Color: # 000000 "\u003e In another thing is the case when chartering the vessel without a crew. The captain and the ship team are hired by the charterer who thus controls the ship, owns them. Despite the fact that the empowerment charter for ownership of the vessel arises from the contract, it is on its own Nature is absolute in nature. In particular, the charterer has the right to take advantage of the owner of the protection, including against the owner of the vessel.
; Color: # 000000 "\u003e It is not by chance that the new KTM clearly delimited that under the chartem of the vessel for a while the vessel goes to use, and on the Barbout Charter - to use and possession of the charterer (Art. 211).
; Color: # 000000 "\u003e Talk about double ownership or concomposition of the ship also, in my opinion, it is not possible. The charterer does not have an absolute and direct connection with the vessel. In fact, there may not be a single employee's charterer at the vessel in general. The possibility of the charterer give the crew of instructions in terms of commercial exploitation is based on the obligatory legal relationship, it does not mean that the captain and the team in the specified part are employees of the charterer. In addition, if we assume that a shipowner and a time charter charter will coof the vessel, it would have to recognize that they solidarly They are responsible for the requirements that occur EX DELICTO. Meanwhile, from paragraph 3 of Art. 203 KTM of the Russian Federation implies that only shipowner is responsible for such obligations.
; Color: # 000000 "\u003e In the light of the above, the position of Art. 632 of the Civil Code of the Russian Federation, establishing that the tenant passes the right of ownership of the vehicle. Obviously, in the Civil Code of the Russian Federation, the institution of rental vehicle with the crew appeared under the influence, first of all, practice Trade navigation. If such a vehicle, like a car, can still be in possession of the tenant (let's say, at night he is in his garage), then in relation to the sea vessel it is not possible. Recognition of the tenant by the owner of the vehicle lays the internal contradiction to the Civil Code itself : according to Art. 1079 Responsibility for the harm caused by the source of increased danger, its owner is carrying, however, Article 640 establishes that the responsibility for the damage caused to the leased vehicle carries the landlord. Thus, it turns out that the person is responsible for the delicate obligations Wring the source of increased danger.
; Color: # 000000 "\u003e The only solution of this contradiction, in my opinion, is the recognition of the fact that under the Treaty of the vehicle rental with the crew, the landlord continues to own the vehicle.
; Color: # 000000 "\u003e Speaking about the differences in the regulation of the studied relations of the Civil Code of the Russian Federation and the Code of Trade Navigation of the Russian Federation, it should be noted that in the literature criticized a number of articles of the Civil Code of the Russian Federation on the chartering agreement at the time of the vehicle. V. B. Kozlov and P. A. Falileev believes that Art. 640 of the Civil Code of the Russian Federation, establishing that the responsibility for the harm caused to third parties by the vehicle carries the shipowner under chapter 59 of the Civil Code of the Russian Federation, significantly infringes in the interests of the latter. According to the authors, harm may express in disrepair ( Loss or damage) of cargo arising, for example, due to the malfunction of the ship refrigeration unit or due to the fact that the cargo boom fell and damaged the load on the deck.
; Color: # 000000 "\u003e Correcting in this way, the authors for some reason forget that the cargo was on the ship is not just like that, but on the basis of an agreement of the shipment of cargo concluded between the sender and carrier. The presence of the contract suggests that the carrier is responsible for disabilities (loss or damage) of the cargo in accordance with the terms of the contract and the norms of legislation. Thus, the responsibility in this case will be not delicious, but contractual character, therefore, to respond to such obligations will be the carrier. As already noted earlier, the time charter charter The right to conclude transport contracts on its own behalf. This means that the carrier is the charterer and it is he who is responsible to the cargo owner, while maintaining, of course, the right to regress the shipowner requirement. This conclusion is confirmed by Article 205 of the trade margetation code.
; Color: # 000000 "\u003e B. B. Kozlov and P. A. Falileev also criticize the positions of part of the second Art. 635 of the Civil Code of the Russian Federation, according to which" crew members ... are subject to the orders of the tenant concerning the commercial operation of the vehicle. "The authors believe that These rules should have been not imperative, but a dispositive nature, that is, to provide the parties to the right to determine in what cases the captain can retreat from the instructions of the charterer. The existing edition of Art. 635 of the Civil Code of the Russian Federation, according to the authors, in some cases can put shipowners in an extremely disadvantageous Position: for example, when transporting cargo on the Covenant to the Scandinavian countries, a shipowner who issued a cargo without presenting a billion (by order of the charterer),
; Color: # 000000 "\u003e (1) It does not have the right to take advantage of the reimbursement of the actual cost of cargo, as well as
; Color: # 000000 "\u003e (2) restriction of responsibility per kilogram, place or unit of cargo. It also has no right to a global limitation of its responsibility and will not have the ability to recover the insurance indemnity from P & I (Company name).
; Color: # 000000 "\u003e When setting the specified question, the authors proceed from the fact that the time-charter shipowner becomes carrier. Indeed, in a number of countries, including the Scandinavian, the charter of the vessel for a while is considered as the same type with the transportation agreement. However, the Russian Legal System It comes from the fact that the Time Charter is a special kind of lease agreement. In this case, the most adverse effects may concern only the charterer. The interest of the shipowner in the activities of the vessel is limited to freight, which should be paid by the charterer regardless of the commercial operation of the vessel (an exception is the time when The ship becomes unsuitable for operation not by the fare charter).
; Color: # 000000 "\u003e Nevertheless, from a practical point of view, the international nature of trade shipping and differences in legal systems should be taken into account. That is why all the provisions of the new CTM of the Russian Federation dedicated to the Time Charter are dispositive.
; Color: # 000000 "\u003e Conclusion
; Color: # 000000 "\u003e Soviet marine law when it becomes apparently, under the influence of English legal institutions, ambiguously determined the legal nature of the time charter and gave some grounds for recognizing the Treaty under study by a type of transportation. Subsequently, the legislation and doctrine moved away from the concept of the contract Transportation: KTM in 1968 placed a time charter in the framework of the legal model of the lease. And yet the essential specificity of the ship chancement contract for the time, as well as the lack of special provisions in GC in 1964, served as a basis for the theory that the Time Charter is Independent type of contract.
; Color: # 000000 "\u003e Modern Russian marine and civil law determined the place of the time charter in the chartering contract system. The use of the term" chartering contracts "conditionally, since the generic concept of" chartering contract "in the Russian legal system does not exist27. Charter ), the charter chartering for the time (Time Charter) and the charter charter without a crew (Barboout Charter), despite some similarity caused by, in particular, using the same terms, differ significantly: if their first has a generic An affiliation of the contract of carriage, then the last two are varieties of the lease agreement.
; Color: # 000000 "\u003e To consider at the present time charter as a completely independent institution is also not possible - the appearance of rules for lease of vehicles in the Civil Code allows you to make an unambiguous conclusion about the test contract as a variety of property hiring.
; Color: # 000000 "\u003e In the Anglo-American legal tradition, there is also no chartering agreement as a generic concept, but the distinction conducted otherwise: the charter and time charter are recognized by the contract of transport and only Dimaiz, or Barboout, charter of the lease agreement. Such positions A still number of legal systems are adhered to, including the already mentioned Scandinavian countries. Ensuring the sustainability and predictability of the functioning of international trade marines requires a balance of interests of the subjects participating in it. In a different understanding of the law and order of the nature of the relationship in question, the output can be found in the provision of broader freedom in the formation of the contractual Conditions. In this regard, it should be recognized as a successful position of the CTM of 1999, according to which the rules on the time charter contained in the marine law are dispositive. This practice will allow Russian shipowners and charterers to more effectively protect their interests in Anach, where legislation and law enforcement practice proceed from other, compared with Russia, assessing the legal nature of the Time Charter.
; Color: # 000000 "\u003e
; Color: # 000000 "\u003e List of used literature
; Color: # 000000 "XML: Lang \u003d" EN-US "LANG \u003d" EN-US "\u003e I; Color: # 000000\u003e Regulations
; Color: # 000000 "\u003e 1 Constitution of the Russian Federation (adopted on December 12, 1993)
; Color: # 000000 "\u003e 2 Civil Code of the Russian Federation. Parts I and II (with changes and additions).
; Color: # 000000 "\u003e 4 Code of Trade Maritime Warming of the Russian Federation of April 30, 1999 No. 81-FZ. (With amendments and additions of May 26, 2001, June 30, 2003)
; Color: # 000000 "\u003e 5 Code of Indoor Water Transport of the Russian Federation of March 7, 2001 No. 24-FZ (with changes and additions of May 26, 2001, June 30, 2003).
; Color: # 000000 "XML: Lang \u003d" EN-US "lang \u003d" en-us "\u003e II; Color: # 000000 "\u003e. Scientific literature
; Color: # 000000 "\u003e 6 Braginsky M.I. Comment by Part II of the Civil Code of the Russian Federation for entrepreneurs. M.: Legal Culture Foundation, 2005 - 479 p.
; Color: # 000000 "\u003e 7 Vitryansky V. V." Contractive law "M.: Infra-M, 2003 - 640 p.
; Color: # 000000 "\u003e 8 Civil law / Ed. A.P. Sergeeva and Yu.K. Tolstoy. at 3 tt. T.2. M.: Prospekt, 2004 - 848 p.
; Color: # 000000 "\u003e 9 Civil law / Ed. E.A. Sukhanova. In 2 TT. T.2, Part 2. M.: TK" Velby ", 2002 - 524 p.
; Color: # 000000 "\u003e 10 Egyazarov V. A. Transport law. M.: Transport, 2002 - 596 p.
; Color: # 000000 "\u003e 11 Egorov K. F. Reliability of the sea carrier for cargo in English law. M., 1961 - 196 p.
; Color: # 000000 "\u003e 12 Zalessky V.V. Transport contracts. M.: 2004 - 200 p.
; Color: # 000000 "\u003e 13 Calpin A. G. Charter (nature, structure of relations, comparison with related marine agreements.? M., 1978 - 212 p.
Treatyfreighting the aircraft
(air charter)
The place of conclusion of the contract ___________
Date of conclusion of the contract ____________
__________ (the name of the organization), hereinafter referred to as the "Freighters", represented by ___________ (position, name), acting on the basis of the Charter, on the one hand, and ___________, hereinafter referred to as the "charterer", in the face of __________ acting
based on ___________ and the license N _______ from "____" __________ g., issued by the Federal Air Transport Agency, on the other hand, jointly referred to as "Parties", concluded this agreement on the following:
1. THE SUBJECT OF THE AGREEMENT
1.1. The charterer undertakes to provide the charterer for the fee for the fulfillment of ____ flights ____ (number) of aircraft (hereinafter - Sun) for air transport ____ (passengers / baggage / cargo / mail) with the provision of services for managing and maintenance of the Sun charter staff.
1.2. The list of specific aircraft, their types, the number of passengers contained by them, the freight cost for each Sun is indicated in Appendix N __ to this Agreement.
2. General conditions
2.1. To fulfill its obligations, the freighter provides technically good Sun, satisfying all flight and technical requirements that are presented to the aircraft of this type, in full configuration and equipped with the necessary equipment and documentation. Sun must be refueling and ready to transport passengers and their baggage, comply with the standards and rules for the transport of passengers.
2.2. The aircraft will be operated by the crew of the freighter, having admission to flights provided for by the terms of this Agreement. Each crew member must have existing certificates certifying its qualifications with him.
2.3. The freighter confirms that the Sun commander has the necessary competence for making decisions about:
- execution, delay and / or cancellation of the aircraft;
- restriction of commercial loading;
- termination or change of flight route;
- Perform an additional landing or following a spare airfield in the event that such decisions are caused by the need to ensure the safety of passengers, crew and / or threaten the integrity of the piloted aircraft.
2.4. Flights of the aircraft are carried out by the freighter in accordance with the current legislation of the Russian Federation, regulatory documents of the International Civil Aviation Organization (ICAO), the State Civil Aviation Service of the Ministry of Transport of the Russian Federation (GS of the Ministry of Transport of the Russian Federation), orders and orders of the general director of the freighter, regulating order, methods and security carrying air traffic, the terms of this Agreement.
2.5. Flight route, departure and arrival airport, the number of passengers, the type of aircraft is determined at the request of the charterer and are indicated in the reservation application. Time and date of execution of each flight are consistent with the freighter. The charterer is obliged to send an application to the charter's address on the form of N ____ to this Agreement no later than ___ days before the date of the alleged flight.
2.6. The charterer has the right to carry passengers on board the aircraft, luggage and cargo with a common mass that does not exceed the limit load of this type of aircraft, calculated by the aircraft crew for flight conditions existing on the date of flight. The number of passengers transported on board the aircraft should not exceed the number of places equipped with binding belts, and the actual loading of the aircraft is subject to mandatory design in the certificate of transported cargo, in the list of passengers and in other necessary documents. The total weight of passengers, baggage and cargo should not exceed the maximum permissible loading of the Sun, the exceeding the limit loading of the aircraft is not allowed.
2.7. The passengers of the charterer transported on board the aircraft must be issued in the prescribed manner in accordance with the requirements of the Guiding Documents of the GS of the Ministry of Transport of the Russian Federation, undergoing mandatory prepal inspection under the control of authorized persons in the organization of transportation.
2.8. Confirmation of the execution of its obligations arising from this Agreement by the charterer is signed by an authorized representative of the Flight Certifier. If within ___ days signed by the charter of the act-report or written objections were not directed to the freighter, the services will be considered agreed, and the obligations of the charterer - fulfilled properly.
3. Rights and obligations of the parties
3.1. The charter undertakes:
3.1.1. Take the necessary actions to fulfill all procedures and formalities associated with flights stipulated by the terms of this Agreement (coordination of the flight plan with air traffic authorities, the airport of destination and departure, obtaining permission to depart into plenipotentiary state bodies, etc.), not allowing Transferring the date of flights. Perform all the formalities necessary to fulfill the flight, including those related to aircraft, crew and technical personnel.
3.1.2. Ensure the delivery on board the airfield power supply specified in the charterer's application.
3.1.3. To organize the registration and registration of passengers of the charterer at airports of departure and destination through the VIP-halls (if there is an application from the charterer and taking into account the possibilities of sending / hosting airport).
3.1.4. In a timely manner to notify the charterers on the delays of the aircraft, which occurred due to the fare of the freighter or other land services, providing aircraft departure (technical malfunction, etc.).
3.1.5. Notify the charterers on the delays of the departure of the Armed Forces due to adverse meteo conditions or other similar kind of force majeure circumstances.
3.1.6. Provide passengers of the charterer specified in the application, travel documents (tickets).
3.1.7. Alone to organize the operational maintenance of the Sun of its engineering and technical composition or involving a certified organization at the airports of landing, destination and basing.
3.1.8. Do not change the type approved by the parties without negotiation with the charterer.
3.1.9. In the case of a technical malfunction of the Armed Forces within no more than ___ hours to provide another aircraft in agreement with the charterer and implement the terms of this Agreement.
3.1.10. Observe the ICAO regulatory acts established by the Air Code, the general rules of the air transport, luggage, cargo and the requirements for servicing passengers, shippers, consignees, approved by the order of the Ministry of Transport of Russia from 28.06.2007 N 82 (hereinafter - "Rules"), and other Regulatory acts requirement when performing flights provided for by the terms of this Agreement.
3.2. The charterer must:
3.2.1. To pay for the cost of air transport in the manner and on the conditions provided for by Section 4 of this Agreement.
3.2.2. Comply with the norms of current legislation and the requirements established by the Air Code of the Russian Federation, ICAO regulatory acts, rules.
3.2.3. It is strictly carried out to perform the instructions of the freighter in terms of the maximum permissible standards of commercial loading of the Sun, including compliance with its passengers to the transportation of baggage, permissible by weight and dimensions, which is not dangerous and (or) prohibited for transportation on board the aircraft.
3.2.4. Provide ______ (the turnout of its passengers / shipping / delivery of baggage) by the time agreed with the charterer.
3.2.5. In the event of damage to the salon and / or equipment of the Sun interior, compensate in full costs associated with the restoration of the cabin and / or equipment of the cabin, on the accounts displayed by the charteremer.
3.3. The freighter has the right:
3.3.1. In the case of non-charter of payment in the manner prescribed by the terms of section 4 of this Agreement, or if there is a charterer's debt, to unilaterally suspend the fulfillment of its obligations under this Agreement to the full repayment of debt or pre-payment.
3.3.2. Change freight costs sun. When changing tariffs, the freighter sends the charter to the appropriate notification for __ days before the entry of new tariffs.
3.3.3. Refuse to fulfill the flight in case the route runs through the combat zones or regional armed conflicts defined by the Government of the Russian Federation. In this case, the freighter is exempt from liability for the failure to fulfill its obligations under this Agreement.
3.3.4. If it is necessary to replace the Sun, subject to the preservation of the charterer passenger service and ensure the organization of the air transportation established by this Agreement by the number of passengers and their baggage in consistent time, without changing the value of this Agreement.
3.4. The charterer has the right:
3.4.1. Turn on board the aircraft passengers, luggage, manual sting with a total mass that does not exceed the limit load of this type of aircraft.
3.4.2. Depending on the flight range, you choose from the corresponding types any Sun, specified in Appendix N ___ to this Agreement.
3.4.3. At its discretion, choose onboard nutrition.
4. Order of settlements
4.1. The freighter exhibits a preliminary account no later than the day before the intended flight, which includes:
- freight cost of sun;
- Passenger service at the airport (arrival / departure), airports VIP-halls (if there is an appropriate application);
- costs of fuel;
- airport and ground fees at departure airports / arrival airports;
- onboard power passengers (if there is an appropriate application);
- Other expenses related to the flight organization.
4.2. The cost of the services provided depends on the class of service selected by the charter of the on-board nutrition, service class at airports, as well as stated additional services.
4.3. The charterer makes payment of the invoice in the amount of 100% no later than the day before the time of the alleged departure. At the request of the charterer, the charterer undertakes to submit a copy of the payment order with a bank marking on the transfer of the relevant amount.
4.4. From the amount made by the charter, the payment is held only those papers (services), the fact of execution of which is confirmed by primary documents.
4.5. Freightener During _______ From the moment of transportation, it is the charter of the act of reconciliation of mutual settlements (Appendix N ____), one copy of which, after signing the charterer, is obliged to return to ten days of the freighter. If the amount indicated in the act will be higher than the charterer paid by the charterer due to the circumstances that do not depend on the charterer, the latter undertakes to submit documents to the charter, confirming the additional costs incurred by the freighter in connection with the fulfillment of obligations under this Agreement, and the charterer is to pay for __ banking days The difference is based on an additional account.
4.6. In case of disagreement with the act of reconciliation of mutual settlements (Appendix N ___), the charterer sends a written objection to the freighter. At the same time, the challenged amount is exempt from the imposition of any penalties until the dispute is resolved.
4.7. I will definition of signed acts of reconciliation or the non-direction of objections on them after the expiration of the ten-day period will be considered as the consent of the charterer with the final calculations specified in the acts. The charterer, respectively, reimburses the difference during __ banking days from the date of the appropriate account.
4.8. If at the time of signing the act of reconciliation of mutual settlements will be revealed to the charterer arrears in front of the charterer, the amount of debt is counted at the expense of the prepayment for the next flight either transferred to the charterer's account on his written demand.
4.9. If at the time of signing an act of reconciliation of mutual settlements will be revealed by the charterer's arrears in front of the freighter, the charterer undertakes to repay it within __ banking days from the date of the margins of the relevant account.
4.10. The freighter reserves the right to change the cost of organizing the air transportation after the conclusion of this Treaty in cases related to the change in tariffs for airport service airports and passengers in the period between the date of the conclusion of this Agreement and the start date of the flight, as well as the change in the cost of aviation fuel and other related services.
4.11. Changing the cost enters into force only after the preliminary written notice of the charterer about such a change for __ working days before the start of the flight and after receiving the consent of the charterer. The exception of the preliminary written notice of the charterer is cases where such changes have come for a charter in the process of organizing the flight, i.e. During the flight.
4.12. The cost of organizing the air transportation does not include any other fees, fees, payments, fines, compensation of costs and losses, directly or indirectly related to the fulfillment of obligations under this Agreement during the entire time of its action than those specified in this Agreement.
4.13. In the event that the flight will be impossible on weather conditions or the fault of the freighter, the advance payment must be returned to the charterer during __ working days from the date when the parties have become aware of the impossibility of flying.
5. Responsibility of Party
5.1. For non-performance or proper execution of their duties under this Agreement, the parties are liable established by the current civil laws of the Russian Federation, the Air Code of the Russian Federation, the Federal Aviation Regulations and this Agreement.
The parties are responsible in the form of reimbursement of incurred losses, which are presented by the perpetual side of the informed claim containing a reference to a violation of one of the points of the Treaty or the subject of the Treaty of the Regulatory Act, with the application of the calculation of losses and confirming the amount of losses of materials.
5.2. Responsibility of the parties, the procedure for the application of which is not resolved by this Agreement, is determined in accordance with the norms of the current legislation of the Russian Federation.
5.3. If you refuse to perform one or all charter flights, provided for by the terms of this Agreement, after accepting an application with a freighter to execute the charterer pays the freighter all the costs of the costs associated with the preparation and provision of aircraft to flight, as well as incurred losses in the amount of real damage. These expenses must be documented.
5.4. In the event of a delay in payment provided for in paragraph 4.3 of this Agreement, the freighter has the right to demand a penalty from the charter in the amount of __% of the amount to be paid for each day of delay, and interest accrual is made after the expiration of the term for payment of the invoice.
5.5. Penalties apply from the date of the occurrence of relevant conditions in the event of the direction of the party that has the right to receive a penalty that relevant requirements. If the penalty was not presented, then its amount is 0 (zero) rubles for each day of delay in fulfillment of obligations.
5.6. The responsibility of the parties to passengers on air transportation issues is determined in accordance with the current legislation of the Russian Federation, multilateral conventions and agreements in the field of civil aviation, whose participant is the Russian Federation. The chancer responsibility for each passenger and its baggage is limited by the dimensions established by these acts.
5.7. The freighter is not responsible if, in order to ensure flight safety, the aircraft commander or other authorized person will be made one of the following decisions:
a) transferring or by canceling the departure of aircraft for meteo conditions or technical reasons independent of the freighter;
b) reduction of admissible commercial loading;
c) Making forced landings, changing the route, transfer or termination of flight, if required by the safety of flight, for the production of necessary repair, as well as other solutions provided for by Art. 58 Air Code of the Russian Federation.
In this case, the freighter is obliged to do everything necessary to eliminate the causes of the cessation of the flight to deliver passengers of the charterer and their luggage to the destination. In case of the impossibility of shipping passengers to the destination - to pay the charter the cost of an unposable service.
5.8. The freighter is not responsible for the erroneous data in the flight (in these documents certifying the Passenger Personality, as well as the specified departure / arrival dates, etc.), if this data corresponds to the data specified in the charterer lists. Damage caused to the passenger or charterer as an incorrectly decorated airfall due to the charterer's fare is reimbursed by the charter.
6. The procedure for resolving disputes
6.1. All disputes and disagreements that may arise from this Agreement or in connection with it are permitted by the parties in pretrial procedure through negotiations or complaints.
6.2. The party that received a claim from the other side is obliged to consider it for __ days from the date of receipt.
6.3. If it is impossible to resolve controversial issues in a claim order or in case of incompassing a response to the claim, the party who sent the claim is entitled to apply to the court in the manner prescribed by the current legislation of the Russian Federation.
7. Term of the contract and termination procedure
7.1. This Agreement comes into force from the moment of signing by both parties and is valid until "___" ________. If for __ days before the expiration of the contract, none of the parties declare its intention to terminate the contract, then its action is prolonged by each subsequent calendar year.
7.2. The charterer has the right at any time unilaterally terminate the contract by notifying the freighter by sending a notice for __ working days before the day of termination of the contract.
7.3. The termination of this Agreement does not relieve the parties from the full fulfillment of all its obligations arising until the termination of this Agreement.
8. Final provisions
8.1. In the event of a change in its legal status, reorganization, liquidation, initiation of the bankruptcy procedure, changes in bank details, as well as when changing the address of the location or numbers of telephones and other means of communication, the part-day notify each other in writing about these changes. Responsibility for the late notice lies on the guilty side. If you disappear / untimely notification about changing the address, the direction of documents at the address specified in this Agreement is considered as appropriate fulfillment of its obligations.
8.2. In everything else, which is not provided for by this Agreement, the parties will be guided by the current legislation of the Russian Federation.
8.3. All changes and additions to this Agreement are valid under the condition of their compilation in writing and signing by both parties.
8.4. This contract is drawn up in two copies that have the same legal force, one for each of the parties.
8.5. Applications:
8.5.1. List of aircraft (Appendix N __).
8.5.2. Request for flight (Appendix N __).
8.5.3. The act of reconciliation of mutual settlements (Appendix N __).
9. Legal addresses and bank details of the parties
Freightener: __________
Freighter: ____________
SIGNATURES OF THE PARTIES:
Freightener: __________
Freighter: ____________
Troubleshooting a ship without a crew (Barboout Charter) with the condition of the ships charter
[specify the place of conclusion of the contract] [number, month, year]
[Complete name of the enterprise with an indication of the legal form], represented by [Position, F. I. O. The head of the enterprise], existing on the basis of [the name of the document confirming the authority], referred to in the future "shipowner", on the one hand and [ Full name of the organization, enterprises with an indication of legal form], represented by [Position, F. I. O. Head of the Organization, Enterprise], existing on the basis of [Name of a document confirming authority], referred to as the "charterer" on the other hand The following "parties", concluded this agreement on the following:
1. The Subject of the Agreement
1.1. The shipowner undertakes for a conditional fee to provide the charterer to use and for a certain period for a certain period, not equipped with a crew and not an oven for [carriage of goods, passengers or other purposes], and the charterer undertakes to accept it and pay freight.
1.2. The name of the vessel, its class and technical characteristics are specified in Appendix N 1 to this Agreement and is its integral part.
2. Treaty term
2.1. This ship chance of the vessel without crew (Barboout Charter) is to [enter the necessary].
2.2. Port and ship transfer to the charter [enter needed].
2.3. The port and the date of return of the shipowner is [Enter the necessary].
3. Freight
3.1. Freight rate is [meaning] rubles per month.
3.2. The charterer pays the freight shipowner monthly, no later than [meaning] of the number of the month at the expense of the shipowner on the banking details specified in paragraph 13.1 of this Barbout Charter.
3.3. Freight for the first and last payment months, if they are incomplete, is calculated in proportion to the number of days in a particular calendar month, and the corresponding amounts are paid in advance.
3.4. All calculations are carried out in non-cash form.
3.5. The charterer is freed from the payment of freight and the cost of the vessel in the time during which the vessel was unsuitable for exploitation due to the no-speed state, unless the ship's unfortunate came the charterer's fare.
3.6. In the case of the death of the vessel, the freight is payable from the date and hour of delivery of the vessel to the charter on the day of the death of the vessel, and if this day is impossible to establish - on the day of receiving the last news of the vessel.
3.7. After the freight payment over the last month, according to paragraph 3.3 of this charter, the charterer receives a ship with all its accessories and the ship is considered completely paid.
4. Responsibilities of Party
4.1. The shipowner is obliged:
Bring the ship to the navigator state by the time it is transferred to the charterer;
Take measures to ensure the suitability of the vessel, its corps, engine and equipment for chartering purposes provided for in this Agreement;
Eliminate the hidden flaws of the vessel during the term of the Barboout Charter.
4.2. A shipowner has the right at any time to inspect or inspect the vessel or entrust the author's authoring surveyor to find out to find out the state of the vessel and make sure that the vessel is properly repaired and properly exploited.
An inspection or inspection of the vessel is made only during the location of the vessel in the dock on the order of the charterer.
4.3. The shipowner has the right to demand the record of the vessel or its inspection, if the charterer does not produce a vessel in the Doc in accordance with classification intervals.
4.4. The charterer must:
During the validity period of the Barboout charter, to maintain a ship in the nautical condition;
At its own expense and on its own forces and means to complete the crew in accordance with Article 217 of the Trade Maritime Code of the Russian Federation and in compliance with the conditions specified in Article 56 of the said Code;
At your own expense to provide products, shipments, operation, supply, fuel and vessel repair, whenever it is necessary during the period of the charter;
Carry out the operation of the vessel in accordance with the terms of the real Barbout charter;
Carry all the costs associated with the operation of the vessel, including the costs of the content of the crew members of the vessel;
Reimburse shipowner expenses for the insurance of the vessel and its responsibility, as well as to pay charges charged from the vessel;
Allow shipowner to check ship logs;
Inform the shipowner on any accidents, accidents or damage to the vessel;
Insure at your expense vessel from marine and military risks for the lease period;
At the end of the validity period of the Barboout charter, return the shipowner vessel in the state, in which it was obtained by them, taking into account the normal wear of the vessel.
5. Transfer and return of the vessel
5.1. The vessel must be leased no later than the date specified in paragraph 2.2 of this Agreement. The shipowner gives the charterer at least for [the meaning] of the days of NOTIS on the date of the expected readiness of the ship to delivery.
5.2. If the vessel is not handed over in the agreed time, the charter has the right to cancel this charter.
5.3. For inspection, when renting and returning the vessel, the shipowner and the charterer prescribe each of its surveyors in order to determine and write the status of the vessel at the time of delivery and returning it to this charter.
5.4. The charterer carries all the costs when examining the vessel during the delivery of the vessel, as well as when it is returned, including a time loss, if such occurs, at the freight rate per day or proportionally for a part of the day, including in each case the cost of the report.
5.5. A shipowner and charterer jointly both during the transfer and during the return of the vessel produce a complete inventory of all ship equipment, equipment, equipment, devices, suitable oils and reserves on the vessel. The charterer and shipowner, respectively, during the transfer and return of the vessel, receive and pay the entire bunker, lubricating oils, water and unbreakable provisions, paints, oils, ropes and other suitable reserves on the ship at current market prices in the transfer and return ports, respectively.
5.6. The charterer is obliged to return the ship in the safe and free port of the port, specified in paragraph 2.3 of this charter, after the charter period.
5.7. The charterer must no less than [meaning] to give the shipowner preliminary and not less than [meaning] Final NTOs, indicating the expected date of arrival in the agreed port of the return of the vessel.
6.1. The vessel during the term of the Barbout Charter is in full possession, disposal for all the goals of the charterer and in all respects under its full control. The charterer is obliged to contain a ship, its mechanisms, boilers, devices and spare parts in a well-repaired state, in proper working condition and in accordance with the usual commercial and operational practice. The charterer must extend the vessel class on time and the validity of the necessary certificates. The charterer must take immediate measures to produce the necessary repairs, which is produced within a reasonable time limit, in the non-compliance of which the shipowner has the right to remove the vessel from exploiting, without taking into account none protests and without prejudice to any claims that a shipowner may submit to the charter in accordance with the truck-charter .
6.2. The captain, the team composition and the vessel team are employees of the charterer in any case, even if they are prescribed by shipowner for any reason.
6.3. The charterer with respect to the team and ordinary crew is subject to the rules of the country's registration country, as well as the rules that operate in their country.
6.4. During the term of the real Barbout charter, the vessel remains with the previous title and bears the flag that is listed in Appendix N 1 to the present charter.
6.5. The charterer has no right to produce any constructive changes to the vessel or changes in the car, boilers, auxiliary mechanisms or spare parts to them without receiving this in each case of the permission of the shipowner
6.6. The charterer has the right to use all equipment, equipment and mechanisms available on board the ship while leasing it, provided that the Equivalent will be returned to the shipowner when returning the ship in the same serviceable and good condition, as it was received, Excluding ordinary wear.
6.7. The charterer from time to time during the lease period is obliged to change such equipment that was damaged or worn and has become unsuitable for use.
6.8. The charterer must produce all the repair work or replace any damaged, worn and lost parts or all equipment in the quality of the work and quality of materials in order not to reduce the cost of the vessel.
6.9. If during the period of this charter was carried out by the crew of the ship salvation at sea, then the remuneration for salvation and the towing fee go in favor of the charterer. The cost of repairing damage caused during these operations is due to the charterer.
7. The circumstances of force majeure
7.1. Each Party is exempt from liability for partial or complete failure to fulfill its obligations under this Agreement, if the failure to fulfill the obligations was due to the circumstances of the force majeure, which arose after the conclusion of this Agreement as a result of an emergency event that the Party could not foresee or prevent reasonable measures. The circumstances of insurmountable force include the events to which the party cannot have influence and for which it is not responsible.
The party referring to the circumstances of force majeure is obliged to immediately inform the other side of the occurrence of such circumstances in writing.
Information should contain data on the nature of the circumstances, as well as, if possible, an assessment of their impact on execution by the Party of His obligations under this Agreement and the term of fulfillment of obligations.
A party that cannot be due to the circumstances of the force majeure to fulfill obligations under this Agreement should make every effort to eliminate the consequences of non-compliance with their obligations as soon as possible.
With the termination of the actions of the specified circumstances, the Party must notify the other party in writing. At the same time, the Party should indicate the period in which the obligations under this Agreement is supposed to be executed.
If the party does not direct or fail to direct the necessary notice, it is obliged to compensate the other party losses caused by an unchecification or late notice.
In the event of a force majeure circumstances, the deadline for fulfillment of obligations under this Agreement is moved proportionally time during which such circumstances and their consequences apply.
8. The responsibility of the charterer
8.1. For the delay in freight payment, the charterer pays the shipowner a penalty in the amount of [meaning]% of the freight rate for each day of delay.
8.2. In case of delay in the freighter payment of freight over [the value] of calendar days, the shipowner has the right to remove the vessel from him, except when such a proceedings are caused by circumstances that do not depend on the charterer and recover the damage caused by such a delay.
8.3. Any delay in rental payments gives the right to shipowner to receive [the value]% per annum with the amount of payment to be paid.
8.4. The charterer carries losses caused by rescue, death or damage to the chartered vessel if they do not prove that they are not caused by its fault.
8.5. A shipowner guarantees the charterer that he did not put a mortgage and undertakes not to make the ship's mortgage without prior approval of the charterer.
9. The procedure for resolving disputes and applicable law
9.1. The parties will strive to resolve disputes and / or disagreements through negotiations.
9.2. If it is impossible to resolve disputes and / or disagreements by negotiating disputes and / or disagreements that have arisen under this charter or in connection with it are subject to transfer to the Sea Arbitration Commission under the Chamber of Commerce and Industry of the Russian Federation.
9.3. In all the rest, which is not provided for by this Agreement, the parties are guided by the Code of Trade Navigation of the Russian Federation and other regulatory acts acting on maritime transport.
10. General conditions
10.1. Any changes and additions to this Agreement are valid only under the condition if they are made in writing and are signed properly authorized on both parties.
10.2. None of the parties have the right to transfer to third parties in fully or partially their rights and obligations under this Agreement without written consent to the other side.
10.3. In all respects with third parties in connection with the execution of the conditions of this Agreement, each Party speaks from its own name.
10.4. After signing this Agreement, the entire previous correspondence and negotiations on it lose force.
10.5. This Agreement is concluded in two authentic copies in Russian on one copy for each side and both copies are equal legal.
10.6. In the event of a change in bank details and other data, each of the parties is required in [Value] in writing to inform the other party about the changes that occurred.
11. Notifications
11.1. All correspondence between the shipowner and the charterer is carried out in writing by sending radiograms.
12. Transition of ownership
12.1. At the end of the rental period of the vessel and, provided that the charterer fulfilled its obligations specified in paragraph 3.7 of this charter, the vessel is considered fully paid.
12.2. If the payment of the contribution is delayed in less than [the value] of days or due to the charterer, the right to withdraw the vessel, provided for in paragraph 8.2 of this Agreement, does not apply. However, if the completion of another contribution is delayed, the shipowner receives the right to [meaning]% per annum with the amount of payment to be paid.
12.4. The vessel must be transferred by the seller and is accepted by the buyer after this charter.
12.5. The seller guarantees that the ship during transmission is free from all mortgages, pledges and debts and by the time of transfer of the vessel, the seller does not have any claims from third parties.
12.6. All taxes, notarial costs and consular fees and other taxes and fees related to the purchase and registration of swimming under the flag of the buyer's country carries the buyer.
Freighting the vessel is the search for the necessary tonnage (vessel or place on the vessel) for the carriage of the goods, followed by the conclusion with the shipowner of the navigator. In other words, we can say that chartering is an agreement on hiring a vessel to perform a certain transportation (flight) or vessel hire for a certain period of time.
In the case when the shipowner is looking for a cargo and concludes a contract for its transportation, is called the forwarding of the vessel. In practice, in both cases it is customary to apply a single term: "chartering".
Buyer, seller, shipping sender, which freres tonnage (ship) is called the charterer. A shipowner providing a tonnage (vessel) for sea transportation freighter. Under the chartering contract, the freighter assumes the obligation to transport cargo from the port of departure to the port of destination and give it to the consignee, and the charterer undertakes to pay for this a certain fee (freight).
Can be said otherwise: the maritime transportation contract is an agreement on which one party (shipping company, a shipowner, carrier, charter) assumes the obligation to carry out freight from one port to another, and the other side (charterer, cargo supplier) undertakes to pay for it Installed fee (freight).
Chartering usually produces a special intermediary - a freight broker. Special organizations can act as an intermediary - brokerage firms or individuals. The freight broker is a highly professional specialist who has extensive experiences and special knowledge. It should be well informed about the conjuncture of the global freight market, demand and suggestion for tonnage, various freight traffic.
The freight market brokers use various information, bulletins and other publications of the world's largest freight stock exchanges and brokerage offices. Many brokers have extensive contacts in the field of maritime transport, and often personal connections of the broker allow you to find the necessary tonnage for transport in the shortest possible time.
A shipowner having a free tonnage (vessel or ships) appeals to the freight broker with a proposal to find a cargo on the market, which is suitable for transportation on the terms of the shipowner (as a rule, it most often belongs to the shipping of containers). The proposal with which the freight broker goes to the market on behalf of the shipowner is called the offer. There are solid and conditional suggestions.
In the same way, the truck (charterer) performs on the freight market through a freight broker with a proposal to find a vessel that meets the conditions of transportation of this cargo. The instructions of the charterer, issued in writing to his broker on the search and charter of tonnage (vessel) for shipping, is called a freight order. Freight orders are: ordinary (freight transaction can be enclosed for 20-30 days), urgent and superior.
The freight market is divided into the form of transportation of transportation market and linear tonnage, according to the types of vessels - to the market for a dry-cargo and tanker tuncher, by the nature of the cargo - to the market of forest, grain, refrigerated tonnage, etc., as well as in the direction of transportation by geographical regions.
The entire freight market is determined by the number of freight transactions, and its conjuncture - the ratio between the supply of tonnage and the supply of goods, i.e. Demand on tonnage. This ratio is subject to harsh fluctuations due to various objective and subjective reasons: a decline or an increase in the volume of transportation, a decrease or increase in the cost of fuel, etc.
Freight indices are used to evaluate the transport market and price changes. With their help, a detailed analysis of the change in freight rates on the world market is possible, as well as freight rates on certain types of goods or specific sectors of the freight market. Indices and information on prisoners and freight rates publish many famous publications.
The conclusion of charters is a complex negotiation process between the shipowner and the charterer, because They will appreciate the set of conditions for sea transportation. Freight transactions are concluded between the parties that are located in different parts of the planet, and thanks to modern means of communications, this task is greatly simplified.
In the world practice of charters, typical (standard) problems of charters were developed, in relation to the main types of cargo transported. Conditions of the Prooform of Charter reflect the rules for the carriage of goods by sea and the specific features of such shipments.
The development of charters was carried out by the largest international freight and shipping organizations, which, if possible, tried to take into account all the controversial issues arising from the sea.
Main types of charters:
- A regular charter (Voyage Charter) - the vessel freight on a certain flight. The vessel may also be chartered on a circular flight, i.e. In the destination port and back. Such freight is most beneficial to the shipowner, since it provides the loading of the vessel in the opposite direction and eliminates empty flight (transition to Ballast). A regular charter gives the charter the right to transport its cargo on a particular ship. In this case, the right to own the vessel and its management is not transmitted to the charterer.
- Time Charter is a ship chartering for a while. In this case, the shipowner undertakes for a conditional fee to provide the charter to the vessel and services of the ship crew members for use for a certain period for transportation of goods, passengers or other maritime swimming purposes. The vessel is transmitted to the time charter in the nautical condition, equipped with a complied crew. But the right to own the vessel and its management is not transmitted to the charter.
- Barboat Charter (Bareboat Charter) - a variety of chartering contract for the time. It differs from the Time Charter by the fact that the charterer hires the crew and assumes all the costs of the ship's content, including the cost of payment of the crew. In this case, the captain and the vessel team consists in the service of the charterer. Thus, the charterer becomes the temporary owner of the ship.
The charter must contain the name of the parties, the name of the vessel, indication of the genus and the type of cargo, the cost of freight, the name of the ship's loading site, as well as the name of the destination or direction of the vessel. By agreement of the parties to the charter, other conditions and reservations may be included. Charter is signed by the carrier (shipowner, freighter) and charterer (cargo owner) or their representatives.
When chartering, it is often a question about the distribution of expenses between the shipowner and the charterer for loading and unloading vessels (payment of stevedoring works). These costs are usually within 10-30% of the final cost of the transport component when shipping by sea transport. Therefore, when concluding an agreement of the sea transportation, it is stipulated in advance, which of the parties will bear these costs. Here are some of the most consumable terms:
- free in (Free in) - shipowner is free from shipping costs to the ship. When concluding a contract of transportation with such a condition, the cost of loading takes on the charterer;
- free Out - shipowner is free from shipping costs;
- fULL NAME (FREE IN AND OUT) - shipowner under the contract of transportation with the charterer is free from expenses on loading and unloading cargo;
- fIOS (Free in and Out, Stowed) - shipowner is free from the cost of loading and laying the cargo in the trum. This formulation indicates that the invoice will be performed by the so-called trumpeted work (cargo laying, if the cargo is carno and shutter (leveling), if the cargo is bulk or bulk;
- fiost (Free in and Out, Stowed and Trimmed) - shipowner is completely free from costs for loading, laying, shutter and unloading cargo. Paying these work the shipper (charterer).
The form of the document "The chartering charter for a time (Time Charter)" refers to the heading "Treaty of a vehicle lease". Save the link to the document on social networks or download it to your computer.
ship charters for time (Time Charter)
g. [The place of conclusion of the contract] [date of conclusion of the contract]
[Complete name of the legal entity] in the face [F. I. O., the position] acting on the basis of [the Charter, Provisions, Power of Attorney], hereinafter referred to as "shipowner", on the one hand and
[Full proprietary name of the joint-stock company] in the face [F. I. O., the post] acting on the basis of [Charter, Provisions, Power of Attorney], hereinafter referred to as the "charterer", on the other hand, and together here, "parties", concluded this agreement on the following:
1. The Subject of the Agreement
1.1. A shipowner undertakes to provide for a while on the use of the charterer, and the charterer to accept and pay for the ship and services of the crew members of the vessel.
1.2. The name of the vessel is "[Enter the necessary]".
1.3. Technical and operational data of the vessel: load capacity [value] tons, cargo capacity [value] *, speed [value] miles per hour.
1.4. The borders of the use of the vessel - [enter the desired].
1.5. The purpose of chartering is [the carriage of goods, passengers or other navigation targets].
2.1. The time charter is to [enter the desired].
2.2. Time and place (port) of the ship's transfer to the charterer [entertain the necessary].
2.3. Time and place (port) of the return of the vessel shipowner [entertain the necessary].
3.1. The freight rate is [meaning] rubles for [specify a period or quantity of transported cargo].
3.2. The charterer makes a prepayment in the amount of [Value]% of the freight rate at the beginning of each period (flight). The remaining part of the freight is paid no later than [enter the desired].
3.3. All calculations are carried out in non-cash form by transferring funds to the settlement account of the shipowner.
3.4. The charterer is exempt from the payment of freight and expenditures on the vessel during which the vessel was unsuitable for operation due to a non-traffic state.
3.5. If the vessel becomes unsuitable for the fault of the charterer, the shipowner has the right to frefract provided for in this Agreement, regardless of the damages caused by the charter.
3.6. In the event of the death of the vessel, the freight is subject to a ship from the first day of the ship by the charter on the day of the death of the vessel, and if this day is impossible to establish - on the day of receiving the last news of the vessel.
4. Responsibilities of Party
4.1. The shipowner is obliged:
Bring the ship to the navigator state by the time it is transferred to the charterer;
Take measures to ensure the shelf life of the vessel (its corps, engine and equipment) for the objectives of the chartering provided for in this Agreement;
Pack ship by crew and proper equipment;
During the term of time charter, to maintain a ship in the nautical state, pay for the cost of insurance of the vessel and its responsibility, as well as the content of the crew members of the vessel.
4.2. The charterer must:
Use the vessel and services of its crew members in accordance with the objectives and conditions of their provision defined by this Agreement;
Pay for the value of the bunker, fuel and other materials consumed during the operation, as well as commercially related vessel costs and fees;
At the end of the term of the time charter, return shipowner vessel in that condition, in which it was obtained by them, taking into account the normal wear of the vessel;
Timely notice shipowner on changing the location and / or postal address. If this condition is not fulfilled, all the notifications of the shipowner will be considered to be obtained when they are received according to one of the addresses specified in this Treaty.
5. Responsibility of Party
5.1. For the delay in freight payment, the charterer pays the shipowner a penalty in the amount of [meaning]% of the freight rate for each day of delay.
5.2. In case of delay in the freighter of freight payment over 14 calendar days, the shipowner has the right to remove the ship without preventing him and recover the damage caused by such a delay.
5.3. With a late return of the vessel, the charterer pays a penalty for the delay of the vessel at the freight rate provided for in this Agreement, or at the freight market rate if it exceeds the freight rate provided for by this Agreement.
5.4. A shipowner is not responsible to the charterer for hidden flaws of the vessel.
5.5. The charterer is not responsible for damages caused by rescue, death or damage to the chartered vessel, if it has not been proven that the losses are caused by the fare charter.
6. Applicable right and arbitration reservation
6.1. The right agreement is applied to this Agreement [specify the country of applicable right].
6.2. Any disputes arising from this Agreement or in connection with it are subject to the final settlement in [Ensuate the authority, to which the parties intend to transfer arising disputes].
7. Final provisions
7.1. This Agreement is drawn up in [the value] of the instance (ah) in Russian and [enter the necessary] languages, while both texts are completely authentic.
7.2. This Agreement comes into force from the date of its signing and is valid until [the month, month, year].
7.3. This Agreement may be changed or terminated by agreement of the Parties, as well as in court at the request of one party in the event of a significant violation of the Treaty with the other Party.
8. Details and signatures of the parties
Showner: [Full name of the legal entity]
[Bank details]
Freightener: [full name of the legal entity]
Location: [Enter the desired]
Postal address: [Enter the necessary]
[Bank details]
[Name of the position of the person who signed the contract] [Signature] / [Signature Decoding] /
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