Chương 10 Luật hàng hải 1990: Lai dắt trên biển

Chapter X

TOWAGE SERVICES ON SEA

Article 159

1. By towage services are meant in particular: towing, pulling away, pushing or assisting vessels and other floating objects on the sea and in the navigable waters connected therewith where vessels are allowed to trade, as well as the standing-by of a tug in the vicinity of a vessel for the purpose of assisting her by towing when needed.

2. The amount of remuneration due for towage services is determined by agreement between the ships operator and the hirer, and in the absence thereof the amount of remuneration is determined by custom.

3. The towage contract must be done in writing, unless the towage service is done as the manoeuvres in the habours.

Article 160

1. A towage team is set up as soon as vessels forming it have been got ready to carry out, on the order of the commander of the towage team, the manoeuvres, and it breaks up as soon as the last manoeuvre has been completed and vessels have sailed away one from another to a safe distance.

2. The commander of the towage team is determined by agreement between the parties to the towage contract, in the absence thereof he is determined by custom.

Article 161

The ships operator who has undertaken to perform the towage service is bound to provide, at the agreed time and place, a towing vessel fit to perform the contracted services.

Article 162

1. The ships operator of a vessel whose master is in navigational command of the towage team is liable for damages done to another vessel in the team as well as to persons and properties on board the latter, unless he proves damages have occurred beyond the scope of his responsibility.

2. A vessel which is under the navigational command of the master of another vessel is not relieved of the obligation to exercise care for the safety of the towage team and marine navigation; the ships operator is liable for damages done by his vessels fault to the other vessel in the team as well as to persons and properties on board that vessel.

Article 163

Any claim arising from a contract of towage is barred at the expiration of two years from the date of termination of the contract of towage.