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

SECTION IX. Marine Casualties and Emergencies.

Chapter 2. Particular (non-general) Average.

Clause 294. Definition of Particular Average.

The losses that are not subject to clauses 277, 279 and 280 of this Code shall be recognized as a particular (non-general) average. Said losses shall not be distributed among the vessel, freight and cargo. Said losses shall have to be incurred by the party who suffered them or the party liable for causing them.

Clause 295. Losses Not Recognizable as General Average.

The following losses shall not be recognized as a general average even in the presence of indications (features) mentioned in Clause 277 of this Code:

  1. a cost (value) of the jettisoned self-inflamed cargo or the cargo carried by the vessel not in compliance with the rules and customs of merchant shipping;
  2. losses incurred (in any way) while extinguishing fire on board the vessel, by the action of smoke or heat;
  3. losses incurred by chopping- off wrecks or parts of the vessel that were swept away or lost as a result of the casualty prior to making sacrifices with the purpose of avoiding general danger;
  4. expenses connected with moving or discharging cargo, fuel or supplies at the port of departure or of call, or in a place of refuge, when the damage of the vessel has been revealed. In the port of departure or of call, provided during the voyage there was no accident or other emergency connected with said damage as well as when said expenses were made with the purpose of restowing the cargo only because of its shifting during the voyage, except the case when said restowing was necessary for ensuring general safety;
  5. expenses connected with wages and maintenance of the crew, fuel and supplies made in the course of repairing the vessel's damages even if said repairs were necessary for a safe continuation of the voyage in the instances when said damage was revealed in the port of departure or of call, provided no accident or other emergency connected with said damage took place during the voyage.
  6. any losses incurred by the vessel or cargo as a result of prolonging the voyage (losses caused by delays or down-time, changes in prices, etc.).