Abstract
The purpose of this work will be to illustrate how problematic stowaways are from the shipping industry’s point of view. The ship owner is not only faced with financial liability but also with contractual liability as stowaways interfere with the ship owner’s duty to fulfill the obligations arising out of shipping contracts.
The disrupting presence of stowaways may result on the one hand, in the ship’s deviation to an intermediate port of call or to the port where the stowaway embarked in order to land them. This will entail not only extra expenses for the ship owner, but also delay of the ship and its cargo on board. Moreover, deviating can imply a departure from a scheduled voyage with the consequential liability falling upon the ship owner if any casualty or damage occurs meanwhile.
On the other hand, the stowaways’ removal itself can entail lengthy negotiations resulting in the ship’s delay. Delay will certainly bring about new losses and liabilities many of which may have to be borne by the ship owner.
All things considered, this paper aims to discuss the issue concerning the liabilities that will be placed on the ship owner’s account: whether he can be made liable by the presence of the stowaway and for the further damages that they cause.
In the context of the financial liability imposed on the carrier by the Immigration authorities upon disembarkation of stowaways, it will be discussed whether the carrier is to recover costs from third parties for the payments linked with the stowaway’s lodging and removal.
Finally, it will be worthwhile to refer to the insurance issue i.e. whether carrier is covered for the liabilities as well as for the costs and expenses he incurs due to the stowaway’s presence on board the vessel among the different insurance options.