Non-binding publication of the German Insurance Association (GDV) for facultative u.
Other conditions may be agreed.
In ca of deviations, only the German wording shall be binding and prevail
DTV - German Standard Terms and Conditions of Insurance for Ocean-Going
Vesls 2009
(DTV-ADS 2009)
Standard terms and conditions of the GDV
Contents
Section One: General Provisions
I Insured
interest
1 Insured
interest
2 Lack of insured interest
3 Loss of insured interest
II Insurance for own account, for the account of another
4 Insurance for own account, for the account of another
5 Legal position of the Assured (third-party insured)
6 Legal position of the Insured (policyholder)
7 Offtting of balances
8 Knowledge,
fault
III Term of the insurance
9 Term of the insurance
IV Insured value, underinsurance, overinsurance, double insurance, agreed value
10 Insured value and agreed value
11 Underinsurance
12 Overinsurance
13 Insurer's liability in the ca of double insurance
14 Notification and cancellation of the double insurance
15 Good faith
V Policy, co-insurance, premiums
16 Policy
17 Contents of the policy
18 Cover note
19 Leading insurer – co-insurance
20 Payment of the premium
21 Lay-up
VI Duty of disclosure, alteration of risk
22 Insured's pre-contractual duty of disclosure
23 Trading limits
24 Alteration of risk
25 Change of management
26 Classification
VII Scope of the Insurer’s liability
27 General
28 General-average absorption
29 Contributions to general average
30 General-average sacrifices and expens
31 Insured expens and costs
32 Provision of bail
33 Compliance with ship safety regulations, aworthiness
34 Faults of the Insured
35 War and piracy
36 Special weapons and cyber attacks
37 Violent acts and piracy
38 Acts of authorities
39 Nuclear energy
40 Deductible
41 Limits of liability
42 Abandonment
VIII Notice of loss, loss prevention, breach of obligations
43 Notice of loss
44 Averting and mitigating the loss
45 Communication of information and prervation of evidence
46 Legal conquences of a breach of obligations
IX Lodgement of claims, communication of information, payment of the indemnity
47 Lodging of the claim
48 Loss account, due date for payment of the indemnity
49 Loss arising from delay in payment X Transfer of rights of recour
50 Protection and transfer of rights of recour
51 Loss mitigation after subrogation
XI Insolvency of the Insurer
52 Insolvency of the Insurer
XII Sale of vesls and vesl parts
53 Sale of vesls and shares in vesls
Section Two: Hull Insurance (Where Agreed) 54 Appurtenances and installations; parts removed from the
vesl
55 Wear and tear, old-age, rust, corrosion, cavitation
56 Ice damage
57 Set-off of salvage remuneration
手工汤圆58 Machinery
59 Error or defect in construction, materials and manufacturing;
shaft breakage
60 Total loss and equivalent cas
61 Vesl “unfit for repair”
62 Partial loss
63 Experts' procedure
64 Tenders
65 Liability to third parties
66 Sister ship
Section Three: Additional Insurances (Where
Agreed)
67 Supplementary hull insurance in the ca of total loss
68 Freight in the ca of total loss
69 Insurance premium in the ca of total loss
Section Four: Loss of Hire Insurance (Where
Agreed)
70 Insured perils
71 Exclusions
72 Scope of cover
73 Deductible
74 Asssing loss of income
75 Choice of repair yard
76 Extraordinary expens
77 Simultaneous repairs
78 Voyage to the repair yard in the ca of joint repair work
79 Loss of income after completion of the repair work
80 Repairs after the end of the insurance contract
81 Sale of the insured vesl
Section Five: Mines Claus (Where Agreed) 82 Mines claus
Section Six: War Insurance (Where Agreed)
83 Scope of cover
84 Insured perils
85 Corresponding application of the provisions of Section Two
86 Special exclusions for the war insurance
87 Cancellation of the war insurance
88 Scope of liability and special provisions in the ca of a claim Section Seven: Concluding Provisions
89 Time bar
90 Applicable law
91 Place of jurisdiction
I Insured
interest
1 Insured interest
1.1 The subject matter of the insurance can be
any monetary interest an individual has in
eing that a vesl survives the perils of
an ocean voyage.
1.2 Unless otherwi agreed, the following are
covered by the insurance:
1.2.1 in Hull Insurance – the proprietary interest
of the vesl’s registered owner and his
liability interest as t down in Clau 65 of
the terms and conditions;
1.2.2 in Additional Insurances – the interests
enumerated in Clau 67 to Clau 69 of
the terms and conditions;
1.2.3 in Loss of Hire Insurance – the interest of
the vesl’s owner in the vesl's income; 1.2.4 in the War Claus – the proprietary
interest of the vesl’s registered owner
and his liability interest as provided for by
Clau 85 in conjunction with Clau 65 of
the terms and conditions;
1.2.5 in the Mines Claus – the proprietary
interest of the vesl’s registered owner
and his liability interest as provided for by
Clau 82.9 in conjunction with Clau 65
of the terms and conditions.
1.3 If other agreed interests are not declared
correctly, the insurance is not binding upon
the Insurer.
1.4 Additional sums that were insured
parately for the shipowner's account in
respect of interest, freight and insurance
premium in the ca of total loss will be
agreed from ca to ca. In the event of
total loss, the Insurer is entitled to demand
declaration of all additional insurances
taken out for the shipowner's account. If
additional insurances are covered for
higher amounts than tho agreed in the
policy, the Insurer will be discharged from
liability in respect of the higher amounts
in the event of total loss.
2 Lack of insured interest
2.1 For a contract to be valid, an insurable
interest must exist.
2.2 The Insurer is, however, still entitled to
collect the premium if he was unaware of
the reason for the invalidity at the time the
contract was concluded, and provided that
the Insured neither knew nor ought to have
known of this reason at the time of
conclusion.
2.3 If the contract is concluded by an agent,
the provisions of the above clau (“knew”,
“ought to have known”) apply not only to
the agent but to the Insured as well.
3 Loss of insured interest
3.1 If the interest on which the insurance was
taken out ceas to exist before the
insurance commences, the Insured is not
obliged to pay the premium.
3.2 The Insured’s obligation to pay the
premium is not affected by the fact that the
interest on which the insurance was taken
out cead to exist after the insurance
commenced.
II Insurance for own account, for the account of another
4 Insurance for own account, for the
account of another
4.1 If the contract leaves open whether the
Insured is concluding the insurance in his
own name on behalf of another person
(insurance for the account of another), the
insurance will be deemed to be for the
account of the Insured (insurance for own
account).
4.2 If the insurance is taken out for the account
of another – even if the latter is named in
person – it will be assumed that the party
concluding the contract is doing so not as
an agent but in his own name for the
account of another.
4.3 Unless otherwi agreed, an Assured will
enjoy the same terms and conditions as the
Insured under who contract he is
covered. Where third-party liability risks are
insured, cover will be restricted in terms of
reason and amount to the cover the Insurer
would have granted to the shipowner under
this insurance – taking account of the limits
of indemnity applicable to him – had the
claims been brought against the shipowner
rather than against the Assured.
4.4 The insurance cover is available to the
Insured and to all Assureds together once
only per loss event. In the abnce of any
agreement, the Insured’s claim for cover
takes precedence over any claims of the
Assureds.
5 Legal position of the Assured (third-
party insured)
5.1 The Assured is entitled to exerci his
rights under the contract. However, only
the Insured is entitled to request that a
policy be handed over.
Section One: General
5.2 Without the Insured's connt, the Assured
may not exerci his rights under the
contract and enforce the rights in a court
of law unless he is in posssion of a
policy.
6 Legal position of the Insured
(policyholder)
6.1 The Insured is entitled to exerci, in his
own name, the rights due to the Assured
under the contract.
6.2 Once a policy has been issued, the Insured
is entitled to accept payment and transfer
the rights of the Assured without the latter's
connt only if he is in posssion of the
policy.
6.3 The Insurer is obliged to indemnify the
Insured only if the latter can prove to the
former that the Assured gave his approval
to the insurance.
7 Offtting of balances
The Insurer may t off any claim he has in
relation to the Insured who effected the
insurance against an insurance claim
insofar as the Insurer's claim results from
the insurance taken out by the Insured for
the Assured.
8 Knowledge, fault
8.1 Unless otherwi agreed, where reference
is made in the insurance conditions to
the Insured's knowledge or fault in respect
of certain material facts (“knew”, “ought to
have known”), this will apply equally to the
Assured. The same applies to cas where
the Insured is exempt from an obligation to
pay the premium on the grounds of a lack
of an insured interest. The Insured may
only contest the issue with the Insurer on
the grounds that he was not responsible for
failing to disclo a material fact if neither
he nor the Assured was at fault.
8.2 If the insurance was arranged such that it
commences prior to conclusion of the
contract, the Insurer is not obliged to
indemnify if the Insured or the Assured
knew or ought to have known at the time
the contract was concluded that the
insured event had already taken place.
8.3 Where the insurance was concluded
without the knowledge of the Assured, it is
of no avail whether or not he knew or ought
to have known of the occurrence. The
same applies if notification of the Insured in
good time was not feasible; notification is
deemed not to have taken place in good
time if it took longer than would be feasible
in the ordinary cour of business, but
takes place, however, at least in the same
or a similar manner in which the declaration
containing the order to conclude the
insurance was dispatched.
8.4 If the Insured concluded the contract
without the Assured's instruction and failed
to notify the Insurer of this failure, the
Insurer is not obliged to accept a plea of
ignorance in a claim brought against him.
III Term of the insurance
9 Term of the insurance
9.1 The insurance cover commences at 00.00
hours and terminates at 24.00 hours on the
dates specified in the policy.
9.2 Before the term of insurance expires,
however, the Insured may notify the Insurer
of his desire to extend the period of cover
for tho vesls which, at the end of the
term of insurance, are missing presumed
lost or en route, or have suffered an
indemnifiable loss en route that has
impaired their aworthiness. In the ca of
vesls missing presumed lost, extension
of the insurance ends when the vesl is
located or, at the latest, when the period of
presumptive loss as stipulated in Clau
60.2.2 below expires. In the ca of
damage, the insurance terminates as soon
as the repair work is completed or – if the
work cannot be carried out immediately –
when the damage has been identified. In
the ca of extension, the Insurer is due an
additional premium commensurate with the
extension in the term of the cover.
9.3 The insurance contract will terminate
before the date specified in the policy:
9.3.1 in the ca of total loss of the insured
vesl or the cas t out in Clau 60
corresponding to a total loss;
9.3.2 if the insured vesl is sold in accordance
with Clau 53 below;
9.3.3 if the class of the vesl expires, is
restricted or is withdrawn in accordance
with Clau 26 below;
9.3.4 if the Insured terminates the contract
following adjustment by the Insurer of the
agreed value in accordance with Clau 10
below;
9.3.5 if the Insurer terminates the contract in the
ca of non-payment of the premium in
accordance with Clau 20 below;
9.3.6 if the Insurer rves notice to terminate the
contract on the grounds of an infringement
of the pre-contractual duty to disclo
information, in accordance with Clau 22
below;
9.3.7 if the Insurer rves notice to terminate the
contract with 14 days' notice within 14 days
of the transfer of responsibility for manning,
fitting out and inspecting a vesl to
another company in accordance with
Clau 25 below, or of a change of
classification society in accordance with
Clau 26 below of the terms and
conditions;
9.4 Insurance cover for the acts of violence
specified in Clau 37 below will end
before the date specified in the policy if the
Insurer rves notice to terminate the
contract in accordance with Clau 37.2;
thereafter, the remaining insurance
contract can be terminated by the Insured
in accordance with Clau 37.3;
9.5 if the Insurer rves notice to terminate the
contract in ca war and piracy risks are
covered in accordance with Clau 87
below;
9.6 The insurance can be arranged such that it
incepts on a date prior to conclusion of the
contract. In this ca, the Insurer is not
obliged to indemnify if the Insured knew or
ought to have known at the time the
contract was concluded that the insured
event had already taken place; the Insurer
is entitled to collect the premium if he was
unaware at the time the contract was
concluded that the insured event had
already taken place.
If the contract is concluded by an agent,
the provisions of the above clau (“knew”,
“ought to have known”) apply not only to
the person of the agent but to the person
being reprented as well.
IV Insured value, underinsurance,
overinsurance, double insurance,
agreed value
10 Insured value and agreed value
中国的海
10.1 The values of the insured interests (insured
values) are the full values of the
interests.
10.2 The values are considered to be the
insured values in the event of an insured
loss.
10.3 If the insured value has been t at a
specific amount by way of an agreement
(the agreed value), the latter will determine
the insured value.
10.4 If, however, the agreed value exceeds the
real insured value by 20% or by another
percentage figure stipulated in the policy,
the Insurer is entitled to declare that the
agreed value be lowered to match the real
insured value ascertained at the time of the
original asssment, unless the Insured
can prove that
10.4.1 he had no knowledge of this at the time of
the agreement, or that
10.4.2 the Insurer was aware of this. 10.5 After the reduction in the agreed value, the
premium will be adjusted commensurate
with the new value.
10.6 The Insured is entitled to rve notice to
terminate the contract within 14 days of
receiving notification of the decision to
lower the value.
10.7 If the sum insured is less than the agreed
value, the Insurer is obliged to indemnify –
even when the agreed value has been
lowered – only in the proportion the sum
insured bears to the agreed value.
10.8 If a special value has been agreed for
partial loss (e Clau 62), the Insurer
will indemnify for partial loss/damage up to
this agreed special value.
11 Underinsurance
If the sum insured is less than the insured
value, the uninsured part of the insured
value will be regarded as being lf-insured
by the Insured himlf. In particular, the
Insurer will be liable for the loss and
expens only in the ratio of the insured
amount to the insured value.
12 Overinsurance
12.1 The insurance contract is invalid if the sum
insured exceeds the insured value. The
provisions t out in Clau 2.2. of the
terms and conditions apply accordingly to
the Insured’s obligation to pay the
premium.
12.2 The insurance contract is invalid if it is
deemed that the Insured has concluded the
insurance contract with the intention of
gaining an unlawful pecuniary advantage
from the overinsurance. The Insurer is,
however, still entitled to collect the
premium provided that he was unaware of
the reason for the invalidity at the time the
contract was concluded.
13 Insurer's liability in the ca of double
insurance
13.1 If an interest has been insured against the
same peril with more than one insurer such
that the sums insured together exceed the
insured value, the insurers are liable jointly
and verally in such a way that each缝纫机怎么用
insurer is liable to the Insured in the
amount owed under its contract. In the
aggregate, however, the Insured may not
demand compensation in excess of the
total loss amount.
13.2 In relation to each other, the individual
insurers are liable for shares proportionate
to the amounts contractually owed by each
of them to the Insured. If any of the
contracts is governed by foreign law, the
insurer to whom the foreign law applies
may asrt a claim for contribution against
the other insurers only if he himlf is liable
for contribution under the law applicable to
him.
13.3 The relevant insurance contract is invalid if
it is deemed that the Insured concluded
said contract with the intention of gaining
an unlawful pecuniary advantage from the
不速之客是什么意思duplicate insurance; the Insurer is,
however, still entitled to collect the full
premium if he was unaware of the reason
for the invalidity at the time the contract
was concluded.
14 Notification and cancellation of the
double insurance
14.1 The Insured must notify the Insurer
immediately upon becoming aware of the
double insurance.
14.2 If the Insured concluded the contract which
resulted in the double insurance without
being aware of the existence of the other
insurance, he may – provided that the
insurance has not yet commenced –
request either insurer to lower the sum
insured (and, correspondingly, the
premium) in proportion to the amount that
the one insurer has to bear relative to the
other. This entitlement laps if not
exercid by the Insured immediately upon
becoming aware of the duplicate
insurance.
15 Good faith
All parties must act in the utmost good faith
at all times.
V Policy, co-insurance, premiums
16 Policy
16.1 At the Insured's request, the Insurer is
obliged to issue a signed certificate
documenting the insurance contract
(policy).
16.2 The policy contains the name and address
of the Insured, any Assureds and, where
nominated, the Insurer's agent, the name
of the insured vesl, the IMO number, the
insured interest, the risks covered with
reference to the pertinent General Terms
and Conditions of Insurance, any additional
agreements, the sums insured and agreed
values, the agreed deductibles, and details
of the start and end of the insurance cover.
It must bear the Insurer's signature and be
returned immediately for correction should
amendments be necessary. Amendments
must be documented in endorments
signed by the Insurer. 16.3 If a policy has been issued, the Insurer is
not obliged to indemnify until prented
with this policy. The payment to the holder
of the policy discharges the Insurer from
further liability.
16.4 If the policy is lost or destroyed, the Insurer
is obliged to indemnify once the policy has
been declared invalid, or curity has been
given; curity by way of a guarantee is
excluded. The same applies to the
Insurer's obligation to issue a replacement
policy, the cost of which must be borne by喝彩声
the Insured.
17 Contents of the policy
The contents of the policy are regarded as
approved by the Insured unless contested
immediately upon issue. The right of the
Insured to refu approval on account of
an error remains unaffected.
18 Cover note
18.1 The content of a cover note that was not
produced by the Insurer himlf is material
in terms of the content of the insurance
contract only if it is countersigned by the
Insurer.
18.2 If a policy has been issued in addition to
the cover note, only the policy is material in
terms of the content of the insurance
contract.
19 Leading insurer – co-insurance
19.1 If veral insurers underwrite a policy, they
are obliged to indemnify verally for their
respective shares only, i.e. not jointly. This
applies even if the policy or cover note was
underwritten by one insurer on behalf of
the others.
19.2 The leading insurer is deemed to have
received authorisation from the co-insurers
to九九感冒颗粒
19.2.1 make agreements with the Insured;亦舒作品集
excepted from the above are, however,
increas to sums insured above and
beyond the contractual limit of indemnity,
as well as extensions to the term of the
insurance,
19.2.2 sign mortgage claus,
19.2.3 receive pledging notices,
19.2.4 declare abandonment (e Clau 42),
19.2.5 ttle claims and recovery actions,
19.2.6 provide curity in accordance with Clau
32 of the terms and conditions. The
leading insurer is authorid but not
obliged to provide curity not only for his
own share but also for the shares of the co-
insurers. In this ca, the co-insurers are
obliged to provide curity for their own
shares vis-à-vis the leading insurer in the
same manner as the leading insurer did for
them.
19.2.7 conduct recour proceedings,
19.2.8 litigate on behalf of the co-insurers; this
applies equally to cas brought before
courts of law and to tho before arbitration
tribunals. However, a verdict against the
leading insurer for his part alone, or a
ttlement made after litigation or any
arbitration award must be recognid by
the co-insurers as binding for their shares
as well.
19.3 The leading insurer is not authorid to
declare the transfer of rights on behalf of
the co-insurers in accordance with Clau
60.3 below.
19.4 Notifications and declarations of intent
received by the leading insurer are deemed
to have been received by the co-insurers
as well.
20 Payment of the premium
20.1 The Insured must pay the premium in
advance for each 3-month period. The
Insurer may demand immediate payment of
premiums if the insurance ends.
20.2 Additional premiums are payable together
with the following quarterly instalment.
20.3 The Insurer must have received payment of
the premium within 10 days of the
commencement of the three-month period.
If the payment is effected through a broker,
the premium must be received by him
within the above-mentioned period and
pasd on immediately, but it must be
received by the Insurer, however, within a
further ven days at the latest.
20.4 If the Insured is responsible for not making
the payment in good time, he will be
regarded as having defaulted the moment
he receives a written reminder. The Insurer
may nd the Insured a written request for
payment, specifying a deadline of at least
14 days within which payment must be
made.
20.5 If the Insured is still in default after the two
weeks have pasd, the Insurer is
discharged of his obligation to indemnify
any insured event that occurs before the
payment is made.
20.6 If the premium has not been received by
the end of the aforementioned period, the
Insurer is entitled to terminate the
insurance contract subject to a further two
weeks' notice. If the Insurer rves notice
to terminate the contract, the insurance will
end 14 days after the Insured received
notice, or earlier as the ca may be. 20.7 If the Insurer pays out the sum insured or,
pursuant to Clau 61.2.2, the difference
between the sum insured and the value
agreed between the Insurer and the
Insured, or the proceeds from auctioning
the vesl, the annual premium is payable.
That proportion of the annual premium not
yet paid in advance is payable in full, albeit
less any returns claimable by the Insured. If
the contract has been concluded for more
than one year, the annual premium is
deemed to be the premium of the current
insurance year.
20.8 The Insured may offt any counterclaims
not yet due against the premium payable
only if the Insurer has given his connt in
writing.
20.9 The Insurer is entitled to offt any claims
due against the next premium instalment
payable.
21 Lay-up
21.1 If the Insured notifies the Insurer of his
intention to lay up the vesl, cover will be
provided in accordance with the provisions
t out in the following.
21.2 Lay-up within the meaning of this policy is a
vesl
21.2.1 that is to be laid up at a location agreed in
advance with the Insurer,
21.2.2 that is unladen,
21.2.3 on which or to which no work involving a
fire hazard is to be carried out,
21.2.4 that is manned at least according to the
minimum provisions governing safe
manning,
21.2.5 that is to be laid up for a minimum of 30 full
days, and
21.2.6 for which the agreed value for hull
insurance has not been reduced for the
duration of the lay-up.
21.3 Insurance cover for laid up vesls remains
fully in force, but is limited by way of
amendment to Clau 23 of the terms
and conditions to the territory of the
location of lay-up agreed with the Insurer.
21.4 Before the vesl ts sail again, the
Insured must:
21.4.1 in the ca of a period of lay-up of up to生年不满百
three months, obrve the
recommendations made by the
classification society and the vesl's
engine manufacturers on resuming
operations, and also document compliance
with them;
21.4.2 in the ca of a period of lay-up of more
than three months, pay for an expert to
inspect the vesl prior to resuming
