Frozen but Not Fooled: How the Ice Clause Can Save Your Voyage (and Your Vessel!)

❄️ "Frozen but Not Fooled: How the Ice Clause Can Save Your Voyage (and Your Vessel!)"

❓ Curiosity Check – Answer These Before You Sail

• Can your vessel be ordered into an ice-prone port without legal fallback? 🤔
• Is your charter party protecting you if you're forced to retreat due to dangerous ice? 🧊
• Do you know who pays when you’re delayed or detour because of freezing conditions? 💸

If you hesitated even once—this blog is for you. ⛴️

🔍 Clause 80 – The Ice Clause Demystified

The "Ice Clause" is a crucial protection mechanism baked into many charter parties, especially in trades near polar or northern latitudes. It clearly outlines the do's and don'ts when ice conditions threaten your voyage. Let's break it down:

 

🧊 What It Means

(a) & (b) — The vessel is not obligated to go to, stay at, or pass through a location:

• Where navigation aids are withdrawn due to ice
• Where ice could trap or damage the vessel
• Unless it’s pre-agreed to breach Institute Warranty Limits (IWL/INL)

The Master has final say—if he deems the area unsafe, he can reroute to a nearby safe haven.

(c) — Any delay or deviation caused by ice is at Charterers’ risk—the vessel stays on hire.

(d) — If extra insurance premiums are needed due to ice risks, Charterers foot the bill.

 

⚠️ Why It Matters – Real Life Implications

📌 Imagine this: A vessel is bound for a Baltic port in early March. Upon approach, ice reports worsen. Navigation buoys are removed. The Master invokes Clause 80, avoids a risky entry, and reroutes to a safe anchorage. While this causes a delay, under Clause 80:

• The delay is on the Charterers
• The Master's decision stands final
• The vessel remains on hire

Had this clause not existed or been misinterpreted, it could lead to:

• Off-hire claims
• Disputes over deviation
• Liability for ice damage or insurance costs

 

🧠 Common Pitfalls in Practice

❌ Charterers insisting entry without recognizing Master’s right to refuse
❌ Ignoring the clause when breaching IWL/INL boundaries
❌ Miscommunication when navigation aids are withdrawn

 

🧭 Actionable Tips for Ship Operators, Owners & Managers

✔ Train Masters to Know Their Rights – Their discretion is binding under this clause.
✔ Confirm IWL/INL exceptions in writing – If agreed upon, clearly define them in the fixture note.
✔ Track Navigation Aid Notices – Withdrawal of buoys/lights is a big red flag.
✔ Pre-negotiate Insurance Provisions – Be transparent about who covers additional premiums.
✔ Communicate Clearly with Charterers – If deviation happens, send a written update backed by weather reports, NOTAMs, or ice warnings.

 

💬 Final Word – Let the Ice Clause Work For You

The Ice Clause isn't just legal jargon—it's your lifeline against liability and unnecessary risk. The sea may freeze, but your strategy shouldn’t. 🧭❄️

👉 Whether you're a ship operator, owner, charterer, or fleet manager, this clause must be understood, respected, and actively applied.

 

📣 Like what you read?

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⚠️ Disclaimer:

This blog post is for educational and informational purposes only. It does not constitute legal advice. For specific charter party negotiations or disputes, consult with a qualified maritime legal professional.