1. Is your charter party a “berth” or a “port” charter party?
The “SHELL VOY 5” Voyage Charter Party is a port charter party. A berth is a specific place within the port, the place where the vessel will be an arrived ship and she will be securely moored and will make the loading or discharging operations, in the charter party is not available any information with all this above. Also the commencement of laytime in a berth charter party could not start until the vessel has arrived at the specific berth that specified in the charter party. In this charter party, it is clear that at the Clause 13 (1)(a) ,13(2), the vessel will be an arrived vessel, and the commencement of the laytime start, once the vessel arrives at the confines of the port. Also, at the “SHELL VOY 5” Clause 13 (1)(a) line 187 after the correction from the VOYAGE PARTY TERMS Part II 13(1), refers that time is to commence whether vessel at berth or not (WIBON). WIBON convert a berth charter party to a port charter party. In case that the vessel arrives to the port of loading or discharging and there is no berth available for operation, the vessel will remain in a designated waiting area inside port limits and from this position, the Master or the Shipowner can tender a valid Notice of Readiness to the charterers and the commencement of the laytime calculation will be in accordance with the charter party. Finally the recap mention, that the loading port will be Banias and discharging port doesn’t specify the port and berth location, it is located in Mediterranean sea, Not East Of But Including Greece and including Rijeka and Omisalj. These are areas and locations it is not clear which port will the vessel proceed and at which berth she will made fast for operation. This is one reason that this charter party is a port charter party.
2. What are the prerequisites for the laytime to start counting?
The prerequisites for the commencement of laytime calculation begin when the vessel...
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