There are a variety of circumstances where a tug and tow may need to deviate from the intended course or delay the voyage. This poses a number of questions, which were debated at meetings on 21-22 April by the TOWCON/TOWHIRE revision subcommittee.
BIMCO’s TOWCON 2008 agreement entitles the tugowner not only to deviate or slow steam the tug during the course of the towage, but also to claim compensation from the hirer for any additional time used.
The assumption is that the tugowner will act reasonably in deciding to deviate or slow steam. But TOWCON provides no guidance on how the tugowner should calculate the additional time used. This can give rise to disputes with the hirer. Should a formula for the calculations be included in the new edition of TOWCON or should it be left to the accompanying explanatory notes to provide example calculations?
This was one of the interesting topics for discussion during the recent meeting of the subcommittee. The revision of BIMCO’s ocean towage agreements is due to be finalised this year and BIMCO is grateful to the drafting team for their engagement and good work:
Mr Dirk Kwantes, LKL Oceantrade, Ms Charo Coll, Boluda Towage (ISU), Mr Maurice Schreurs, Boskalis, Mr Nick Jeffery, Ostensjo Rederi, Mr Adrian Goodger, Clarksons, Mr Ivar Brynildsen, Gard, Mr John Croucher, The Standard Club.