Terms and conditions

DPS TERMS AND CONDITIONS

Scope of application and general matters

These standard terms and conditions shall apply to all offers, quotations, orders, agreements, pilotage services and auxiliary services of whatever nature to be provided or provided by Danish Pilot Service ApS.

In addition to complying with these standard terms and conditions, the customer and the owners shall comply with all laws and regulations applicable in Denmark, including without limitation, the Danish Pilotage Act (Consolidated Act no. 346 of 29 March 2023 with subsequent amendments).

The customer and the owners hereby acknowledge and agree that all pilotage services and auxiliary services are provided only as services and advice by Danish Pilot Service ApS or the pilot in question to the master of the vessel and the customer. The master of the vessel shall at all times remain in command of the vessel and shall remain responsible for the vessel and all matters related to the vessel and the navigation of the vessel.

Definitions and interpretations

In these standard terms and conditions, the following terms and expressions shall have the following meanings, unless otherwise stated or apparent from or required by the context:

“Auxiliary Services” means any and all services provided by Danish Pilot Service ApS in addition to or other than pilotage services. Auxiliary services include, among other matters, crew change services, transport services for transport of persons, packages or other goods which Danish Pilot Service ApS performs on request.

“Beneficial Owner” means any company, legal entity or individual (natural person) who directly or indirectly owns or controls another company or legal entity (i) through direct or indirect ownership or control of more than 25% of the shares or voting rights or the ownership interest in the other company or legal entity, or (ii) through direct or indirect control of the other company or legal entity by any other means, including any right to exercise dominant influence or substantial control over the other company or legal entity, for example under its memorandum or articles of association or an agreement.

“Customer” means the customer who requests and/or receives pilotage services and/or auxiliary services from Danish Pilot Service ApS in relation to the vessel or its activities or matters.

“Consequential Loss or Damage” means (i) any indirect or consequential loss or damage whatsoever; and (ii) any of the following losses and costs, whether direct or indirect: loss of profit, loss of revenue, loss and cost of business interruption (including without limitation cost of overheads incurred or unabsorbed during business interruption), cost of insurance, loss of personal income or the ability to work or earn a personal income, penalties and other similar indirect or consequential loss, damage or cost whatsoever.

“Employee” means any director, officer or other employee of a party. The term “employee” shall include the master, the officers and the other crew members of a vessel, and the master, the officers and the other crew members of any pilot boat of Danish Pilot Service ApS, irrespective of whether they are or are not on board the vessel or the pilot boat. The term “employee” shall include all pilots employed or engaged by Danish Pilot Service ApS.

“Owners” means the registered owner(s) of the vessel and the manager(s) of the vessel, if there is (are) any manager(s).

“Owners Parties” means the owners’ directors, officers and employees, the master, the officers and the other crew members of the vessel and any managers and operators of the owners and/or the vessel.

“Pilotage Services” means pilotage services as defined in the Danish Pilotage Act, which are performed by Danish Pilot Service ApS.

“Regardless of Cause” means whether or not any claim or liability arises or is asserted to have arisen wholly or partly by virtue of tort (including negligence), negligence, gross negligence, willful misconduct, an intentional act or omission, breach of duty (statutory or otherwise), breach of contract, strict liability, performance or non performance of contract, breach of any laws, regulations, rules or orders of any government or other authority having jurisdiction, on the part of Danish Pilot Service ApS or any or its employees or subcontractors or their employees.

“Vessel” means the vessel, ship, barge or floating unit which requests and/or receives the pilotage services and/or auxiliary services from Danish Pilot Service ApS or in relation to which pilotage services and/or auxiliary services from Danish Pilot Service ApS is requested and/or received.

Safety requirements for vessels receiving pilotage services and/or auxiliary services

Danish Pilot Service ApS pilotage service is based on the embarking and disembarking of pilots using a pilot ladder to and from the pilot boat. All vessels receiving pilotage services and/or auxiliary services from Danish Pilot Service ApS shall be equipped with pilot transfer arrangements manufactured, installed and maintained in accordance with the principal requirements as referenced in the IMO Convention for Safety of Life at Sea (SOLAS) Chapter V.

Vessels departing from ports must provide a proper gangway in accordance with applicable requirements. Any failure to comply with these requirements will lead to the immediate discontinuation of the pilotage services and/or auxiliary services and Danish Pilot Service ApS shall not be liable for compensation for any loss or inconvenience suffered by the vessel or any other party as a result thereof. In this case, Danish Pilot Service ApS will charge the full fees and charges for the pilotage services and/or auxiliary services.

Danish Pilot Service ApS shall always have the right to cancel an agreement on pilotage services and/or auxiliary services if the service in question will result in a significant safety risk during boarding and/or disembarking, or the service in question in Danish Pilot Service ApS’s assessment cannot be carried out due to other events that may affect the safety of the operation.

Fees, invoicing and payment

All pilotage services and/or auxiliary services are invoiced to the owners or any other billable party, as stated by the customer. Payment of fees is due 30 days after the date of invoice. In case of delayed payment, Danish Pilot Service ApS may charge the amount due by set off against amounts due to the customer and by any other means available, including vessel arrest. Danish Pilot Service ApS may also impose a reminder fee according to the rules hereon in Danish law. Interest will be charged from the due date until payment is made at the interest rate stated in the Danish Act on interests. 

Force majeure

Neither party shall be liable for any loss, damage or delay due to any force majeure events and/or conditions to the extent that the event is beyond the control of and could not be foreseen by the party invoking force majeure, and that the event is not due to the fault or neglect of and could not be avoided or overcome with reasonable care, skill and diligence by the party invoking force majeure.

Liability and limitation of liability

Danish Pilot Service ApS shall not be liable to a customer, a vessel, an owner, an owners party or any other party for any loss, damage, delay or expense of whatsoever nature, whether direct or indirect, (including but not limited to loss of profit arising out of or in connection with detention of or delay to the vessel) and howsoever arising in the course of performance of the pilotage services and/or auxiliary services or due to or resulting from non-performance of any obligation under these standard terms and conditions, unless, and then only to the extent, the loss, damage, delay, expense or non-performance resulted from an act or omission of Danish Pilot Service Aps executive officers or executive managers done with intent to cause such loss, damage, delay or expense or through gross negligence and with knowledge that such loss, damage, delay or expense would probably be caused.

Notwithstanding any other term or condition of these standard terms and conditions, Danish Pilot Service ApS shall not, in any event or circumstance, be liable to a customer, a vessel, an owner, an owner’s party or any other party or person for any act or omission of its pilots or employees other than its executive officers and executive managers.

Danish Pilot Service ApS shall not be liable to a customer, a vessel, an owner, an owners party or any other party, including any crew change person or other person who is or is to be transported to or from the vessel, for any death, personal injury, loss, damage, delay or expense of whatsoever nature, whether direct or indirect, due to or resulting from the provision or non-provision of any crew change service or any other transport service for transport of any person to or from the vessel or the performance or non-performance of any activity or obligation in relation thereto.

Danish Pilot Service ApS shall not be liable to a customer, a vessel, an owner, an owners party or any other party, including any crew person or other person on the vessel who receives or sends or is to receive or send any package or goods, for any loss, damage, delay or expense of whatsoever nature, whether direct or indirect, including any loss of or damage to, delay in transport of or non-transport of any packages or goods, due to or resulting from the provision or non-provision of any transport service for transport of any package or goods to or from the vessel or the performance or non-performance of any activity or obligation in relation thereto.

Notwithstanding any other term or condition of these standard terms and conditions, Danish Pilot Service ApS shall not in any event or circumstance be liable to a customer, a vessel, an owner, an owner’s party or any other party or person for any consequential loss or damage.

Limitation of liability amounts

Danish Pilot Service ApS’s liability for each incident or series of incidents giving rise to a claim or claims shall be limited to an amount equal to 25 times (2.500 % of) the service fee for the service(s) to which the claim or claims are related or a total limitation amount of DKK 5.000.000, whichever is the lesser of the two said amounts.

Himalaya clause

It is hereby expressly agreed that no Danish Pilot Service ApS employee or sub-contractor or its employees from time to time employed by Danish Pilot Service ApS shall under any circumstances whatsoever and regardless of cause be under any liability whatsoever to a customer, a vessel, an owner, an owner’s party or any other party for any loss, damage or delay of whatsoever kind arising out of or in connection with the provision of the pilot services and/or auxiliary services. Without prejudice to the generality of the terms, every exemption, limitation, condition and liberty herein contained and every right, exemption from liability, indemnity, protection, defence and immunity of whatsoever nature applicable to Danish Pilot Service ApS or to which Danish Pilot Service ApS is entitled hereunder shall also be available and shall extend to protect every such Danish Pilot Service ApS employee and every sub-contractor and its employees from time to time employed by Danish Pilot Service ApS. For the purpose of the terms, Danish Pilot Service ApS is or shall be deemed to be acting also as agent or trustee on behalf of and for the benefit of all persons who are or might be Danish Pilot Service ApS’s employees or sub-contractor or its employees from time to time employed by Danish Pilot Service ApS, and all such persons shall to this extent be or be deemed to be parties to the agreement on pilotage services and/or auxiliary services.

Indemnification

The customer and the owners undertake to indemnify Danish Pilot Service ApS and its pilots, other Employees and subcontractors for any and all losses, damages and costs suffered or otherwise incurred by them due to a breach of these standard terms and conditions and/or fault or neglect of the customer, the owners, owner’s parties or their agents, subcontractors, representatives or employees, whether or not onboard the vessel.

The customer and the owners also undertake to hold Danish Pilot Service ApS and its pilots, other employees and subcontractors harmless against any and all actions, proceedings, claims, demands or liabilities whatsoever or howsoever arising which may be brought against them or incurred or suffered by them arising out of or in connection with any pilotage services and/or auxiliary services, and against and in respect of all costs, loss, damages, lawsuits, judgments and/or expenses (including legal costs and expenses on a full indemnity basis) which Danish Pilot Service ApS may suffer or incur (either directly or indirectly) in the course of or which may arise out of the performance of any service.

Applicable law and dispute settlement

These standard terms and conditions and any related matter, including any dispute arising out of or in relation to these standard terms and conditions or any agreement on or provision of pilotage services and/or auxiliary services, shall be governed by and interpreted in accordance with Danish law without regard to the choice of law rules applicable in Denmark.

Any dispute arising out of or in connection with these standard terms and conditions or any agreement on or provision of pilotage services and/or auxiliary services shall be subject to the jurisdiction of the Maritime and Commercial Court in Copenhagen, or, if the Maritime and Commercial Court in Copenhagen should find that it does not have jurisdiction to consider the matter, by the Copenhagen City Court. Notwithstanding this, Danish Pilot Service ApS may choose to raise a claim against the customer, the owners, the Vessel or any third party in the jurisdiction which is deemed applicable or convenient by Danish Pilot Service ApS for the purpose of securing payment of any due amount to Danish Pilot Service ApS. Such proceedings shall be governed by the substantive and procedural law of such jurisdiction.