Colombian Commercial Code - Decree 410 of 1971 - Book Five - Navigation - Part One - From the Navigation Aquatics - Title X - From: Section 1666 At: Art: 1677
TITLE X
THE CHARTER
Section 1666 .- The charter is a contract whereby the owner agrees, in exchange for a benefit to meet a particular craft or travel a preset, or travel within the agreed order the charterer under the conditions of the contract or custom set.
Section 1667 .- This contract will prove it in writing and must include:
Section 1667 .- This contract will prove it in writing and must include:
1. The elements of identification and displacement of the ship;
2. The name of the shipowner and the charterer;
3. The price of freight and
4. The contract or the indication of travel to be made.
Paragraph .- The written test will not be necessary in the case of smaller vessels.
Section 1668 .- The ship owner shall be required prior to departure, to put the ship seaworthy for the fulfillment of the journey, assemble and equip it properly and provide it with documents rigor.
The shipowner shall be liable for damages resulting from the poor condition of the ship to navigate, unless he proves that it is a latent defect might escape a reasonable diligence.
Section 1669 .- If the charter is for a specified period will be borne by the charterer bunkering, water and lubricants necessary for the operation of engines and auxiliary plants on board, and the expenses inherent in the commercial use of the building, including attachment rates, drainage and the like.
Section 1670 .- The ship owner for a specified period shall not be obliged to take a trip to the craft or expose people to a danger not foreseeable at the time of the contract. Similarly, not bound to a journey, which considerably exceeds the expected period, in relation to the duration of the contract at the end of it.
Except in the case of force majeure, the excess over the duration of the contract imposed on the charterer's obligation to pay an additional freight calculated in proportion to the contract price.
Section 1671 .- If the charterer made the last trip duration exceeds the term of the contract, the period of excess should be a price equal to twice the normal freight for that period, in proportion to the duration of the contract.
Section 1672 .- In the time charter, the price shall be payable monthly in advance, unless otherwise stipulated or custom to the contrary.
Section 1673 .- Should the time charter is impossible to use the ship for reasons not attributable to the charterer, it shall not during the time the price of the impairment.
However, in case of delay or risk sea cargo unforeseen accident or by order of domestic or foreign authority, should the freight for the duration of the disability, less any expenses saved by the shipowner as a result of non-use of the ship.
Nothing in the preceding paragraph shall not apply to the time the vessel is under repair.
Section 1674 .- Unless the contract provides otherwise, in case of loss of the ship, the price of freight should be given time until the day of loss.
Section 1675 .- The captain must obey, within the limits stipulated in the contract, the charterer's instructions on the commercial use of the ship and deliver bills of lading under the conditions as may be prescribed.
Section 1676 .- The charterer to yield the contract or subflete in whole or in part, remain liable for its obligations to the freighter.
Section 1677 .- Operations under the charter agreement in the prescribed period of one year.
This term will, in time charter, from the expiration of the contract or since the last trip, in case it is extended beyond maturity. In the voyage charter, the term of limitation shall run from the trip is over.
If they are unable to initiate or perform the journey, the prescription begins to run from the day that the incident has occurred which made it impossible to execute the contract or the onward journey.
In case of alleged loss of the ship, the term of limitation shall run from the date on which the registration is canceled.
Section 1668 .- The ship owner shall be required prior to departure, to put the ship seaworthy for the fulfillment of the journey, assemble and equip it properly and provide it with documents rigor.
The shipowner shall be liable for damages resulting from the poor condition of the ship to navigate, unless he proves that it is a latent defect might escape a reasonable diligence.
Section 1669 .- If the charter is for a specified period will be borne by the charterer bunkering, water and lubricants necessary for the operation of engines and auxiliary plants on board, and the expenses inherent in the commercial use of the building, including attachment rates, drainage and the like.
Section 1670 .- The ship owner for a specified period shall not be obliged to take a trip to the craft or expose people to a danger not foreseeable at the time of the contract. Similarly, not bound to a journey, which considerably exceeds the expected period, in relation to the duration of the contract at the end of it.
Except in the case of force majeure, the excess over the duration of the contract imposed on the charterer's obligation to pay an additional freight calculated in proportion to the contract price.
Section 1671 .- If the charterer made the last trip duration exceeds the term of the contract, the period of excess should be a price equal to twice the normal freight for that period, in proportion to the duration of the contract.
Section 1672 .- In the time charter, the price shall be payable monthly in advance, unless otherwise stipulated or custom to the contrary.
Section 1673 .- Should the time charter is impossible to use the ship for reasons not attributable to the charterer, it shall not during the time the price of the impairment.
However, in case of delay or risk sea cargo unforeseen accident or by order of domestic or foreign authority, should the freight for the duration of the disability, less any expenses saved by the shipowner as a result of non-use of the ship.
Nothing in the preceding paragraph shall not apply to the time the vessel is under repair.
Section 1674 .- Unless the contract provides otherwise, in case of loss of the ship, the price of freight should be given time until the day of loss.
Section 1675 .- The captain must obey, within the limits stipulated in the contract, the charterer's instructions on the commercial use of the ship and deliver bills of lading under the conditions as may be prescribed.
Section 1676 .- The charterer to yield the contract or subflete in whole or in part, remain liable for its obligations to the freighter.
Section 1677 .- Operations under the charter agreement in the prescribed period of one year.
This term will, in time charter, from the expiration of the contract or since the last trip, in case it is extended beyond maturity. In the voyage charter, the term of limitation shall run from the trip is over.
If they are unable to initiate or perform the journey, the prescription begins to run from the day that the incident has occurred which made it impossible to execute the contract or the onward journey.
In case of alleged loss of the ship, the term of limitation shall run from the date on which the registration is canceled.
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