7. LIABILITIES AND PENALTIES
7.1 - LIABILITIES
7.1.1 - Liability for Pollution damage
In addition to the provisions in Article 5.2.12, and without prejudice to the liability of any persons causing pollution, any damage or injury caused by pollution emanating from the vessel shall render the Master, Vessel owner, charterer and operator liable for compensation and other remedies and measures in accordance with international conventions or other instruments ratified by the governments of Abu Dhabi and/or the UAE.
7.1.2 - Liability of permit holders
The holder of a Permit is liable for any loss or damage caused by him in relation to the use of the Permit and duties carried out by him pursuant to the terms of the Permit.
7.1.3 - Failure to pay charges
The Petroleum Ports Authority may take any action it deems appropriate to ensure that all relevant Port Charges, Port Dues, detention charges and other fees for services rendered by or on behalf of the Petroleum Ports Authority, its’ agents or service providers are paid in full, or sufficient guarantee is provided for the payment thereof.
7.1.4 - Liability of Petroleum Ports Authority in respect of vessels within port
- Neither the Company, the Petroleum Ports Authority nor their servants (in whatever capacity they may be acting) shall be liable for any loss, damage or delay from whatsoever cause howsoever arising, whether through the negligence of the aforesaid entities or otherwise, in consequence of any assistance, advice or instructions whatsoever given or tendered in respect of any Vessel, whether by way of pilotage, towage or mooring services, the provision of navigational facilities, including buoys or other channel markings, or otherwise.
- In all circumstances, the Master of any Vessel shall remain solely responsible on behalf of his owners for the safety and proper navigation of his Vessel and shall be liable for damage and any loss, howsoever arising, including economic and consequential losses due to a Pilot’s neglect, negligence error or mistake.
- The Vessel, its Master and owners shall be held responsible for any loss or damage caused to the pilot boat or injuries to or death of its crew or the Pilot, during the process of the Pilot’s embarkation on or disembarkation from the Vessel.
- Without prejudice to sections (i) and (ii) of this Article, the pilotage service provider may also be held liable for damages or losses incurred as a consequence of wilful acts of or gross negligence by its Pilots and other personnel performing their duty.
- The Master of every Vessel is obliged to sign the Vessel Declaration by the Master accepting the Conditions of use of the Port / Terminal facilities issued by the Petroleum Ports Authority. The Masters of vessel (s), small Craft(s) and RIG (s) involved in marine projects within Petroleum Ports, are obliged to sign the Conditions of Use available on Petroleum Ports Authority website.
7.1.5 - Liability for damage to or loss of Goods
- The Company and Petroleum Ports Authority shall be held harmless from any claims for damage to or the loss of Goods from Vessels within the Port.
- The alleged damage shall always be reported in writing immediately by the Master of the Vessel to the Harbor Master, who will inspect the damage before the Vessel sails.
- The inspection of such damage will in no way make the Company or Petroleum Ports Authority or Harbor Master liable for such damage, and the Company, Petroleum Ports Authority and Harbor Master will continue to be held harmless from any claims whatsoever and howsoever arising submitted by the Vessel, Master or owner. The damage must be reported to the Harbor Master and signed by the Master of the Vessel.
7.1.6 - Law and jurisdiction
These Regulations and their interpretation are governed by the laws of the UAE and any disputes shall be referred to the Abu Dhabi courts. Any claims shall be subject to any statute of limitations imposed by these laws and/or courts.
7.2 - PENALTIES
7.2.1 - Fines – general
Any person who fails to comply with the laws of the UAE insofar as they are relevant to these Regulations or fails to comply with judgments issued in implementation of the terms hereof shall be punished with imprisonment for a period not exceeding two years and a fine or penalty of not more than AED 400,000.00 (DIRHAMS FOUR HUNDRED THOUSAND) or with either of these two penalties, without prejudice, to the right of the parties concerned to claim compensation, if applicable, from the offender. This penalty is enforced by Article # 86 of Law # 12/1973 as amended by Article # 1 of Law # 7 / 1985.
7.2.2 - Fines for violations not related to Safety and/or Pollution
A Vessel (the Master and/or the Vessel owner and Vessel management or charterer) or its Agent and any other person that contravenes any of the provisions of these Regulations except those dealing with safety and pollution shall be liable to a fine as defined in Law No 12 of 1973 or subsequent amendment.
7.2.3 - Fines for violations of Safety Regulations
A Vessel (the Master and/or the Vessel owner and Vessel management) or its Agent and any other person that contravenes any of the provisions of these Regulations dealing with safety shall be liable to a fine as defined in the Law No 12 of 1973 or subsequent amendment.
7.2.4 - Fines for violations of Pollution regulations
In addition to the provisions in Article 5.3 and Article 7.1.1 above, a Vessel (the Master and/or the Vessel owner and Vessel management and/or charterer) or its Agent and any other person that contravenes any of the provisions of these Regulations dealing with pollution control shall be liable to a fine as defined in the Law No 12 of 1973 or its subsequent amendment.