When Third-Parties help - Salvage and its pitfalls

In principle, anyone who successfully helps another vessel in distress at sea is entitled to salvage costs, and the salvor will not always be satisfied with a nice bottle from the bar. Ultimately, by paying salvage costs, greater damage to or even the total loss of the yacht can be avoided, and the risk of polluting the environment or obstructing the shipping lanes can be averted. Salvage fees can amount to up to 100% of the ship's value and - to ensure payment - can lead to the salvaged yacht being impounded. In this event, guarantees must be made by the insurer in order for the ship to be released. Negotiations over the final salvage fee end up before local courts and such cases can drag out for years. Fees for salvage and towing assistance are regulated by an international convention on salvage at sea. According to this convention, numerous criteria influence the way the salvage fee is calculated, including the total value of items saved, the effort and risk involved on the part of the salvor, the weather and regional conditions, and the precise salvage measures taken. Since you, as a layman, will find it difficult to assess these aspects, we strongly advise against negotiating a salvage fee. It is more sensible to contact Pantaenius as quickly as possible and let them deal with the negotiations. In no event should you discuss specific amounts or the ship's value, nor should you sign any agreement. Our claims staff at Pantaenius are available round-the-clock (see reverse for emergency hotline) and have wide-ranging experience of how to deal with such situations. If a salvor insists on an immediate agreement, we recommend that you only use the Lloyd's Open Form (LOF). This open form of contract can be used internationally and can even be agreed verbally. The LOF also contains an arbitration agreement on the basis of "no cure – no pay", which offers greater legal security should subsequent disputes arise.

ASSISTANCE BY THE Sociedad de Salvamento y Seguridad Maritima (SASEMAR)

Maritime emergency rescue operations carried out in cases of immediate danger to the vessel and/or the crew are always free of charge. If, however, the Sociedad de Salvamento y Seguridad Maritima is asked to provide technical assistance in a non-hazardous situation, it will request a pro rata reimbursement of its operating costs.

Every year, the Maritime Safety and Rescue Society carries out thousands of operations such as towing vessels and boats in need of assistance, responding to difficult salvage operations and responding to martitime emergencies such as boats adrift, groundings, sinkings or fires on board of commercial and leisure craft vessels.

The agency answers maritme distress calls 24 hours a day via channel 16 VHF, the Global Maritime Distress and Safety System (GMDSS) or via phone 112.