BIMCO Virtual Arrival Clause for Voyage Charter Parties 2013
(a) Notwithstanding any other clause in this Charter party entitling the Owners to slow steam, the Charterers shall be entitled to request the Owners in writing to instruct the Master to adjust the Vessel’s speed to meet a specified time of arrival at a particular destination, always subject to the Owners’ consent which shall not be unreasonably withheld and, in the case of an approach voyage, subject to agreeing an amended cancelling date. The Charterers shall not be entitled to request an adjustment of speed that exceeds the Vessel’s warranted speed. Any extra time used on a sea voyage as a direct consequence of the Vessel adjusting speed pursuant to the Charterers’ request shall be compensated by the Charterers to the Owners at a rate equal to ___ % of the demurrage rate (if left blank then fifty per cent (50%) shall apply). Such compensation shall be payable by the Charterers to the Owners prior to completion of final discharge. The extra time used shall be agreed by the parties, failing which an independent third party (an “Expert”) shall be appointed by mutual agreement. The Expert shall act as an expert and not as an arbitrator and his decision shall be final and binding upon the parties. The costs of such Expert shall be shared equally by the parties. In the absence of mutual agreement as to the identity of the Expert, each party shall appoint an independent Expert at their own expense to calculate the extra time; the average of the results of such calculations shall be binding.
(b) Such extra time shall be calculated on the basis of all relevant information including but not limited to weather data, wave and speed projections and other relevant technical or meteorological data.
(c) Where the Vessel proceeds at a reduced speed pursuant to Sub-clause (a), then provided that the Master has exercised due diligence to comply with such instructions, this shall constitute compliance with, and there shall be no breach of, any obligation requiring the Vessel to proceed with utmost and/or due despatch (or any other such similar/equivalent expression).
(d) The Charterers shall ensure that the terms of the bills of lading, waybills or other documents evidencing contracts of carriage issued by or on behalf of the Owners provide that compliance by Owners with this Clause does not constitute a breach of the contract of carriage. The Charterers shall indemnify the Owners against all consequences and liabilities that may arise from bills of lading, waybills or other documents evidencing contracts of carriage being issued as presented to the extent that the terms of such bills of lading, waybills or other documents evidencing contracts of carriage impose or result in the imposition of more onerous liabilities upon the Owners than those assumed by the Owners pursuant to this Clause.