Merchant Shipping Code of Ukraine (Edition of July 04, 2013)

SECTION VII. Sea Towage.

Chapter 3. Towage Between Ports.

Clause 232. Definition of Contract.

In accordance with the contract of towage between ports (thereafter named a Contract) the Owner of the vessel (tug) shall undertake to tow the other vessel or floating craft from one port (point) to the other port (point) for due award.

Clause 233. Form and Contents of Contract.

The Contract shall be concluded in writing. The Contract shall include the terms on ports (points) of departure and destination, the rights and obligations of Parties, liability for violating the Contract, particulars of towed objects that may endanger towage safety as well as on other circumstances and particulars that the Parties deem expedient to determine separately.

Clause 234. Towage Between Ports of Ukraine.

Towage between the ports of Ukraine shall be performed by the vessels flying the Ukrainian flag only. Towage from/to foreign ports performed by the vessels flying the Ukrainian flag shall be governed by this Code.

Clause 235. Command of Towage.

Command of towage between ports shall be performed by the Master of the towing vessel. Said Master shall have no rights to interfere with the routine activities on board the towed vessel (object).

Clause 236. Manager of Towage.

In case the owner of the towing vessel appoint a person who is not the Master of one of tugs to be the head of towing operations, the legal relationships of said person, the Master of the tugs and of the towed object shall be governed by the Contract.

Clause 237. Cancellation of Contract by Tug Owner.

In case the object is not ready for towage in the terms defined by the Contract after tug arrival to the port of departure, the owner of the towing vessel shall have the right to cancel the Contract, all expenses incurred by the tug owner in connection with a passage of the tug to the port of departure and a return passage to the base port, and the profit loss being changed to the owner of the object to be towed.

Clause 238. Cancellation of Contract by Owner of Object to be Towed.

In case the tug arrives to the port of departure in an unseaworthy condition and not ready for the towage stipulated by the Contract, the owner of the object to be towed shall have the right to cancel the Contract, all expenses incurred by him and the profit loss being charged to the tug owner.