UNITED KINGDOM STANDARD CONDITIONS FOR TOWAGE AND OTHER SERVICES (REVISED 2024)

1. (a)   The agreement between the Tugowner and the Hirer is and shall at all times be subject to and include each and all of the conditions herein-after set out.

(b)    For the purpose of these conditions:-

(i)     The word "Towing" means any operation in connection with the holding, pushing, pulling, moving, escorting or guiding of or assisting or standing by the Vessel, including the passing of, picking up, casting off and retrieval of ropes, wires or lines to the Vessel, and the expressions "to Tow" and "Towage" shall be defined likewise.

(ii)   The word "Vessel" shall include any vessel, craft or object of whatsoever nature (whether or not coming within the usual meaning of the word "vessel") which the Tugowner agrees to Tow or to which the Tugowner agrees at the request, express or implied, of the Hirer, to render any service of whatsoever nature other than Towing.

(iii)  The word "Tender" shall include any vessel, craft or object of whatsoever nature which is not a tug but which is provided by the Tugowner for the performance of any Towage or other service.

(iv)  The word "tug" shall include "tugs", the word "Tender" shall include "Tenders", the word "Vessel" shall include "Vessels", the word "Tugowner" shall include "Tugowners", and the word "Hirer" shall include "Hirers".

(v)    The word "Hirer" means any person or body who requests a service from the Tugowner under this agreement.

(vi)  The word "Tugowner" shall include any person or body (other than the Hirer or the owner of the Vessel on whose behalf the Hirer contracts as provided in Clause 2 hereof) who is a party to this agreement whether or not they in fact own any tug or Tender, and the expression "other Tugowner" contained in Clause 5 hereof shall be construed likewise.

(vii) The expression "whilst Towing" shall cover the period commencing when the tug or Tender is in a position to commence Towing, and ending when the tug or Tender has ceased Towing and is safely clear.

(viii)    Any service of whatsoever nature to be performed by the Tugowner other than Towing shall be deemed to cover the period commencing when the tug or Tender is in a position to commence the service and ending at the time when the tug or Tender has ceased performing the service and is safely clear. However, if at that time there remain on board the tug or Tender anything of whatsoever description, or any persons, that were taken on board for the performance of the service (other than equipment or other items belonging to or hired by the Tugowner and the Tugowner's own employees or agents or the personnel of independent contractors engaged by the Tugowner) then the period shall not end until all such things and persons have been discharged or disembarked from the tug or Tender and the tug or Tender is safely clear of the place where they were discharged or disembarked.

(ix)  For the avoidance of doubt, the word "negligence" includes gross negligence.

(x)    The expression "howsoever caused" means arising from any cause whatsoever, including (without prejudice to the generality of the foregoing) negligence at any time of the Tugowner their servants or agents, and the unseaworthiness, unfitness or breakdown of the tug or Tender, its crew, its machinery, equipment, computer or other systems, towing gear, lines, ropes or wires, including unseaworthiness, unfitness or breakdown by reason of lack of fuel, stores, speed, bollard pull or otherwise, whether arising before or during the Towage or other service or whenever such unseaworthiness, unfitness or breakdown arises.

1. If at the time of making this agreement or of performing the Towage or of rendering any service other than Towing at the request, express or implied, of the Hirer, the Hirer is not the owner of the Vessel, the Hirer expressly represents that it is authorised to make and does make this agreement for and on behalf of the owner of the Vessel subject to each and all of these conditions and agrees that both the Hirer and the owner of the Vessel are bound jointly and severally by these conditions. Further, in any case where the Hirer is bound by these conditions, if the Vessel requests or accepts any service from the Tugowner, the owner of the Vessel shall hereby become jointly and severally bound by these conditions in the same way as if they were the Hirer.
2. Whilst Towing or whilst at the request, express or implied, of the Hirer, rendering any service other than Towing, the master and crew of the tug or Tender shall be deemed to be the servants of the Hirer and under the control of the Hirer and/or their servants and/or their agents, and anyone on board the Vessel who may be employed and/or paid by the Tugowner shall likewise be deemed to be the servant of the Hirer and accordingly, the Hirer shall be vicariously liable for any act or omission by any person so deemed to be the servant of the Hirer, except that the Hirer shall not be vicariously liable for any harm or loss caused by an act or omission of any such person if it is proved that the person committed the act or omission with the intent to cause such harm or loss or recklessly and with knowledge that such harm or loss would probably result.
   1. Whilst Towing, or whilst at the request, either expressed or implied, of the Hirer rendering any service of whatsoever nature other than Towing:-

(a)    The Tugowner shall not (except as provided in Clause 4 (c)(i)) be responsible for or liable for:-

(i)     damage of any description done by or to the tug or Tender; or done by or to the Vessel or done by or to any cargo or other thing on board or being loaded on board or intended to be loaded on board the Vessel or the tug or Tender; or to any other object or property;

(ii)   loss of the tug or Tender or the Vessel or of any cargo or other thing on board or being loaded on board or intended to be loaded on board the Vessel or the tug or Tender or any other object or property;

or

(iii)  any claim by a person not a party to this agreement for loss or damage of any description whatsoever (including death or personal injury);

howsoever caused,

and

(b)    The Hirer shall (except as provided in Clause 4 (c)) be responsible for, pay for and indemnify the Tugowner against and in respect of any loss, damage or expense, personal injury or death, and any claims of whatsoever nature or howsoever caused, whether direct or indirect, whether covered by the provisions of Clauses 4 (a) hereof or not, suffered by or made against the Tugowner and which shall include, without prejudice to the generality of the foregoing, any loss of or damage to the tug or Tender or any property of the Tugowner.

(c)    The provisions of Clause 4 (a) and 4 (b) hereof shall not be applicable in respect of any claims which arise in any of the following circumstances:-

(i)     Where the Hirer has proven that the loss has resulted from the personal act or omission of the Tugowner committed with the intent to cause such harm or recklessly with the knowledge that such harm would probably result.

(ii)   All claims which arise when the tug or Tender, although having commenced Towing or rendering some service other than Towing, is not in a position of proximity or risk to or from, and is detached from, the Vessel or any other craft attending the Vessel and is safely clear. Provided always that, notwithstanding the foregoing, the provisions of Clauses 4 (a) and 4 (b) shall be fully applicable in respect of all claims which arise at any time when the tug or Tender is at the request, whether express or implied, of the Hirer, their servants or their agents, carrying persons or property of whatsoever description (in addition to the Officers and crew and usual equipment of the tug or Tender) and which are wholly or partly caused by, or arise out of the presence on board of such persons or property or which arise at any time when the tug or Tender is proceeding to or from the Vessel in hazardous conditions or circumstances.

(d)    Notwithstanding anything hereinbefore contained, the Tugowner shall under no circumstances whatsoever be responsible for or be liable for any loss, damage or costs, howsoever caused, whether direct or indirect, resulting from or contributed to by or arising out of any delay or detention of the Vessel or of the cargo on board or being loaded on board or intended to be loaded on board the Vessel or of any other object or property or of any person, or any consequence thereof, whether or not the same shall be caused or arise whilst Towing or whilst at the request, either express or implied, of the Hirer rendering any service of whatsoever nature other than Towing or at any other time whether before during or after the making of this agreement.