Section 11 Diversion expenses
If a person on board the entered ship is injured or falls ill, the Member has a basic obligation to follow medical advice and recommendations to divert to the nearest suitable port in order to provide adequate care. Should the medical recommendations not be followed, the Member may be liable for the consequences of his failure to provide proper medical care.
3.11.2 Persons for whom diversion expenses are covered
The section uses the word “persons”, which indicates that the cover is in respect of the Member’s costs for diversion in relation to crew members and their relatives, passengers, stowaways, refugees or others on board the ship. There is also cover for costs and expenses incurred for saving persons at sea, whether successful or not.
3.11.3 Diversion must be justified
The purpose of this clause is to cover the Member for the additional costs of complying with any obligation to undertake a diversion which qualifies as a justified deviation. This must be distinguished from an unjustified deviation which is not supported by the Club Rules. Reference is made to Rule 4 Section 8, according to which the liability consequences of unjustified deviations are excluded from cover. No cover is provided for a deviation undertaken to land stowaways or refugees unless approved by the Club. As a diversion for that purpose is made to save expenses for the Member, it may be regarded as an unjustified deviation, should the vessel run aground and her cargo be damaged or lost. If a Member plans a deviation for purposes other than to provide necessary medical care under this section, he should seek the Club’s advice and obtain its approval.
3.11.4 Duration of a diversion
The diversion starts when the ship changes course for the port at which the sick or injured person is landed. It ends when the ship is reasonably back on course to her intended destination in the equivalent position to where the deviation began. If the person landed has such a key position that the vessel has to await a substitute before sailing, the diversion continues during the delay. The costs are also covered during the stay in port until the substitute has arrived. If the ship continues her voyage without a substitute, the diversion ends when she is back on track. To alter course again at a later stage to pick up a substitute in a subsequent port will probably be a new diversion. It could constitute an unjustified deviation if the substitute is picked up to save costs for the Owner or otherwise is at his convenience. Therefore, any subsequent further diversion contemplated should be approved by the Club so as to be covered.
3.11.5 Extent of cover
The diversion costs which will be reimbursed are specified in the section. The enumeration is intended to be exhaustive and refers only to expenses representing the net loss to the Owner and not costs which are covered by the Charterer under the applicable charterparty. Port charges include pilots and tugs as well as port dues and fees.
No compensation will be given for hire lost during the time of a diversion. This follows from the fact that hire is excluded from the list of losses covered. It is reconfirmed by Rule 11 Section 2 (j). To protect his position, in case a shipowner has to divert to provide medical care to the relative of a crew member, the Owner may make it a condition for the presence of the relative on board that the crew member takes out insurance cover for loss of hire. The Club can assist in providing such insurance. See comments under 126.96.36.199.2.
There is cover under this clause only for costs in excess of those which would have been incurred if it had not been for the diversion. Credit should be given for any costs saved. This follows from Rule 8 Section 2.
The Member may be asked to supply details of actual and calculated costs in order for the Club to establish the compensation due. A bunker calculation should be supplied together with a bunker invoice. The cost of additional fuel consumed as a result of any extra distance steamed is compensated but also extra fuel used as a result of any extra speed required.
If the entered ship has an injured or sick person on board and diverts for a rendezvous with a passenger ship equipped with medical facilities and a ship’s doctor, the deviation costs of the entered ship are compensated under this clause. The passenger ship may not be compensated correspondingly under her own P&I policy. She can claim her loss from the ship assisted only if such compensation was agreed at the time of diversion. See comments under 3.9.3.
3.11.6 Precautions to be taken during diversion
When the decision has been taken to divert the ship, the Member should alert the ship agents in the port of diversion or appoint an agent there to take care of the formalities. It may be necessary to have an ambulance and a doctor meet the ship. The local hospital should be informed and the parties concerned advised that the charges will be paid by the Member. Such precautions taken effectively before the ship’s arrival will ensure that the Member meets his obligations to bring the sick or injured person under proper care without delay.
If a diversion is contemplated, the Member should notify the Club. The local Club correspondent can render the ship agent valuable assistance in taking the precautions necessary to provide medical care to the person landed.