The maritime charter is the most used formula when moving goods by sea, it is a contract with simplified and variable rules to expedite national and international maritime trade.
By chartering, we refer to the contract of lease of a ship for the transportation of goods. This process involves the charterer (the shipowner or shipowner who charters the vessel) and the charterer (the one who charters the vessel to carry his cargo). Often "charter" is also used as a synonym for the agreed price.
This chartering contract must be formalized in writing in the "contract of affreightment", a document containing the details of the operation, such as the personal data of the parties and the ship's master, the details of the route, the laytime (loading and unloading), etc.
In the chartering regime, shippers choose the vessel that best suits their cargo. It is the most appropriate maritime transport system for solid bulk, liquid bulk and industrial products in large volume. And within it, there are 3 main contracts with their particularities.
A time charter in which the lessee has full control of the vessel, including the right to appoint master and crew. It is used whenever it is desired to operate a vessel.
The lessor or shipowner has the sole right to receive a regular payment for hire. He also has no responsibility for the goods or transactions of the vessel during the time of the charter.
In this contract, the charterer makes the cargo space of the vessel available to the charterer for a specific voyage. The shipowner or shipowner undertakes to transport these goods and retains responsibility for the management of the vessel. The charterer may deliver its own cargo or subcontract that space to third parties. This type of charter is widely used for the carriage of bulk cargo.
This contract includes the Bill of Lading, a receipt that certifies the placement of the cargo, with all its characteristics in writing, such as name and registration of the vessel, origin and destination, type of goods and freight value.
The terms of these contracts are often negotiated with the intermediation of freight brokers. However, among the charterer's obligations are the possession of a vessel suitable for the cargo to be transported, the choice of the most appropriate route and the guarantee of delivery of the cargo at the end of the voyage. The charterer undertakes to load only the agreed cargo.
It is an interesting modality for importers and exporters who need a fast transport. Its peculiarity is that the charterer makes a vessel available to the charterer for a specific period of time. The charterer retains the nautical management of the vessel, but the commercial management is the responsibility of the charterer.
Among the charterer's obligations, the charterer must ensure that the captain and crew comply with the charterer's commercial orders. In this line, the vessel must perform the voyages required by the charterer and be liable for failure to comply with deadlines or damage to the cargo under its responsibility.
The charterer must assume, in addition to the freight, the commercial operating expenses, as well as return the vessel according to the agreed conditions and be liable for possible damages derived from an inadequate cargo.