When the Storm Hits: Are You Protected by Your Charter Party Clause?

🌪️ When the Storm Hits: Are You Protected by Your Charter Party Clause?

❓ Can a Master refuse to berth during a typhoon warning?
❓ Are Owners liable for delays caused by cyclonic weather?
❓ Do you know which charter party clauses kick in during a hurricane?

 

⚓ Let’s Break It Down: Charter Party Clauses vs. Tropical Storms

Maritime operations don’t stop for storms — but your liability might, if you’re protected by the right clauses.

When a typhoon or hurricane threatens your vessel’s route or port operations, the “force majeure” or “safety clause” becomes your legal and operational shield. A typical clause might read:

“The vessel shall not be obliged to proceed or continue to proceed to, or remain at, any port or place which, in the reasonable judgment of the Master or Owners, is unsafe due to storms, war, political unrest, or other force majeure events.”

This clause gives legal protection to both Owners and Masters when facing weather-related risks that could endanger crew, cargo, or vessel.

 

🔍 Clause Decoded – What Does It Actually Cover?

• “Not obliged”: The vessel is not legally bound to head into danger.
• “Reasonable judgment”: The Master’s decisions must be backed by evidence (forecast data, port warnings, satellite reports).
• “Force majeure”: Covers natural disasters like typhoons, cyclones, and hurricanes, which are beyond human control.

 

⚠️ Real-World Implications

When a storm warning is issued, here's how this clause plays out:

• A vessel at anchorage or en route to port may legally delay berthing or departure.
• Charterers must accept reasonable deviations or delays if weather safety is in question.
• If the Master declares a port unsafe and avoids entering, hire might still be payable — depending on the charter wording.
• If ignored, such storms can lead to grounding, cargo damage, and legal claims — where this clause becomes crucial in defense.

 

✅ Action Steps for Professionals

🔹 Shipowners & Operators:

• Audit your charter party templates for weather-related protection clauses.
• Ensure Masters are aware of their rights and responsibilities during storms.
• Maintain records of official warnings, emails, and decision-making logs.

🔹 Masters:

• Use satellite data, agent reports, and forecast models to support decisions.
• If unsafe, log the decision to delay port entry or reroute, citing the clause.
• Update Charterers regularly with written justification and ETA changes.

🔹 Charterers:

• Coordinate with agents on port closures and weather alerts.
• Accept route adjustments or berthing delays made in good faith by the vessel.
• Be clear in CP negotiations about acceptable delays during weather disruptions.

 

💬 Final Word from ShipOpsInsights with Dattaram

📌 In shipping, we can’t control the weather — but we can control how prepared we are.

Your charter party is not just paperwork — it’s your legal safety net when Mother Nature shows her power. Understand it. Use it wisely. Communicate clearly.

⛵ Let’s not wait for the next storm to test our preparedness.

 

🗣️ Let’s Talk Shipping!

💬 Have you ever had to delay a port call due to severe weather?
👍 Like this post if you’ve learned something new.
🔁 Share with a fellow shipping professional.
✅ Follow @ShipOpsInsights with Dattaram for real-time maritime wisdom, every week.

 

⚠️ Disclaimer:

This blog is intended for informational purposes only and does not constitute legal advice. For specific contract issues, please consult maritime legal experts or your P&I Club.