| |
Salvage Operations The definition of salvage is "saving property in peril at sea and reducing environmental damage." Salvage is also "all the actions taken aboard and ashore to resolve a marine casualty and to save property in peril at sea." Most of the on-the-water services performed by Sea Tow involve vessels in some degree of peril. Many of these services, for example, covered ungroundings, jump starts and fuel drops, are covered by your Sea Tow membership and are provided free of charge. Oftentimes whether a service is covered cannot be determined until the Sea Tow captain is on-scene with a disabled vessel because of the ever changing nature of the marine environment. If conditions permit, the Sea Tow captain will evaluate the situation and inform the owner if the required services are not covered under the membership program before providing service. If the services are not covered, the boat insurer or the owner will be responsible for the cost of services provided outside of the membership program.
Among other things, the greater the peril, the higher the cost of service is likely to be. In cases involving high risk, the cost of the service often cannot be determined until the service is performed. When conditions permit, and you feel comfortable doing so, you can attempt to negotiate a fee arrangement with the Sea Tow captain. Sea Tow endorses the MARSALV contract. As with any service, reaching an agreement concerning the terms of the service can avoid unpleasant surprises later. However, if your vessel is in imminent danger of being damaged or damaging the environment or other boats (as determined by the Sea Tow captain), you may be legally required to take all steps necessary to protect the vessel immediately.
It is extremely important that you have sufficient and proper insurance coverage for your vessel. As long as your vessel is properly insured, the cost of services provided outside the membership program will be covered by your hull insurance policy. If the vessel is not properly insured, the owner is wholly responsible for all charges associated with the performance of services outside of the membership program.
The foregoing is offered for general information purposes only, and may not be construed as a legal opinion.
|
|