1 Definitions1.1 In these Guidelines:
- Cargo claims means claims in respect of loss of, damage to, or delay in the
delivery of cargo carried by sea;
- Insurance means insurance with or without deductibles, and comprises, for
example, indemnity insurance of the type currently provided by members of the
International Group of P&I Clubs, and other effective forms of insurance
(including self-insurance) and financial security offering similar conditions of
cover;
- Insurer means any person providing insurance for a shipowner;
- Limitation Convention means the International Convention on Limitation of
Liability for Maritime Claims 1976, including any amendment that is in force
internationally;
- Relevant claims means the claims referred to in Article 2, paragraph 1, of the
Limitation Convention, except for cargo claims;
- Shipowner means the owner of a seagoing ship, or any other organization or
person who or which has assumed responsibility for the operation of such a ship;
and
- Gross tonnage is calculated according to the tonnage measurement rules
contained in Annex I of the International Convention on Tonnage Measurement of
Ships 1969.
2 Scope of application2.1 Shipowners are urged to comply with these Guidelines in respect of all seagoing ships of
at least 300 gross tonnage. Shipowners are also encouraged to comply with the
Guidelines in respect of ships of less than 300 gross tonnage.
2.2 These Guidelines do not apply to any warship, naval auxiliary, or other ship owned or
operated by a State and used, for the time being, only on government non-commercial
service, unless that State decides otherwise.
3 Shipowners’ responsibilities3.1 Shipowners should arrange for their ships insurance cover that complies with these
Guidelines.
3.2 Shipowners should also take proper steps when relevant claims arise in connection with
the operation of one of their ships.
4 Scope of insurance cover4.1 Shipowners should ensure that liability for relevant claims up to the limits set under
Articles 6 and 7 of the Limitation Convention is covered by insurance. If, however, the
shipowner is entitled to invoke a limit of liability lower than that set by the Limitation
Convention, the insurance need only respond up to that lower limit.
4.2 To satisfy the previous paragraph, the insurance need respond only if:
- the shipowner’s liability has been established at law; and
- the shipowner has complied with all the conditions of cover prescribed under the
insurance contract.
5 Certificates5.1 Shipowners should ensure that their ships have on board a certificate issued by the
insurer. Where more than one insurer provides cover for relevant claims, a single
certificate confirming the identity of the main liability insurer is sufficient.
5.2 As a minimum, the certificate should include:
1. the name of the ship;
2. the ship’s IMO number;
3. the name of the insurer;
4. the place of business of the insurer;
5. the name of the assured and co-assured, if known; and
6. an attestation that the insurance meets the recommended standards set out in these
Guidelines regarding the risks covered by that insurer.