Flag State Summary - Vanuatu

The preparation of cargo holds for the next intended carriage is a critical operation which requires careful planning and execution; this article considers a number of legal issues which may arise, including terms commonly used in charterparties to describe the cleanliness of cargo holds, the consequences of failing to comply with such terms, potentially resulting in off-hire claims and damages, and the role of the independent surveyor.

In the case of Addax Energy SA v MV Yasa H.

Hold preparation is probably the most vital part of bulk carrier operations; if it is not undertaken properly, it can result in substantial cargo claims, delays, additional cleaning, survey costs and expensive off-hire disputes.

The crux of the issue in this case was that the restroom on the Jet Cat Express, a passenger vessel owned and operated by Catalina, was too narrow for Plaintiff’s wheelchair and he unfortunately soiled himself.