New BIMCO clause to permit deviation for crew changes

“If shipowners are unable to make crew changes at the ports where the ship visits, then they should not be penalised if they must carry out the crew change elsewhere. The ability of a ship to continue operating safely depends on regular crew changes to avoid fatigue. In the exceptional circumstances created by the pandemic agreement is needed that crew changes are a common benefit and that those hiring the ships should be willing to contribute to the process.”

The charterparty clause dovetails with the emergence of hub ports where crew changes have been confirmed as permissible, thus allowing shipowners to deviate to those ports even if they fall outside the scheduled voyage plan. Importantly, the clause contains a provision requiring charterers to ensure that it is replicated in sub-charterparties and bills of lading. Whilst this seeks to reduce the shipowner’s exposure for breach of the contract of carriage, there may still be risks associated with any deviation and, as stated in the accompanying notes to the BIMCO clause, it is vital that Members contact the Club in advance for further guidance before undertaking any deviation when laden.