COVER FOR THIRD PARTIES VISITING OR TRAVELLING ON BOARD Members often have questions about the Club’s cover for the many third parties who are required to visit an entered ship while in port or at anchorage, or who may travel on board for a voyage or extended period. The Member as the owner or operator of the entered ship will owe a duty of care to such third parties while on board and any breach of that duty caused by negligence on the part of the owner or operator may create liabilities on the part of the Member to the third party. summarises the cover provided by the Club to the Member when such third parties become ill or are injured or, in extreme cases, die whilst on board the entered ship (or as a result of something happening on board). a substitute for the Club Rules and does not provide an exhaustive answer to the many situations which can arise. Your usual contact at the Club should always be approached for advice on any specific situation. INTRODUCTION THIS GUIDE THIS GUIDE IS NOT BRITANNIA P&I GUIDE RULE 19.4 LIABILITIES IN RESPECT OF ILLNESS OR INJURY OR DEATH OF THIRD PARTIES Liabilities in respect of illness or injury or death of third parties are covered under Rule 19.4 in the Britannia Class 3 Rules which provides as follows:Compensation and damages for which the Member is liable which are payable by reason of personal injury to, illness of or death of any person, other than a Seafarer or Passenger, and the diversion expenses specified in Rule 19.6 Diversion Expenses associated with the said injury, illness or death. PROVIDED ALWAYS THAT: 19.4.1 cover under this Rule 19.4 is limited to liabilities, costs and expenses arising out of a negligent act or omission on board or in relation to the operation of the Entered Ship, or in relation to the handling of its cargo from the time of receipt of that cargo at the port of shipment until delivery of that cargo at the port of discharge; and 19.4.2 the Member shall take all appropriate steps permitted by law to recover such liabilities, costs and expenses from any other person or insurer concerned with such third party; and 19.4.3 there shall be no recovery under this Rule 19.4: 19.4.3.1 unless the Managers have (except in the case of a relative of a Seafarer) approved of the presence of the third party to travel on board the Entered Ship and the terms and conditions on which the third party is carried, and the Member has paid or agreed to pay such additional Call or premium as may be required by the Association; or 19.4.3.2 in respect of personnel (other than marine crew) employed otherwise than by the Member where the Entered Ship is providing accommodation to such personnel in relation to their employment on an oil or gas production or exploration facility, unless there has been a contractual allocation of risks as between the Member and the employer of the said personnel which has been approved by the Association (see Rule 19.15 Contracts of Indemnity or Guarantee); or 19.4.3.3 in respect of hotel, restaurant, bar or other guests or visitors and catering crew on board the Entered Ship when moored (other than on a temporary basis) and open to the public as a hotel, restaurant, bar or other place of entertainment. WHO ARE THIRD PARTIES? THE TERM “THIRD PARTY”* • marine superintendents, often from the Member’s shore-based office, carrying out maintenance and safety checks • other shore based employees of the Member • relatives of seafarers, typically wives and children • ridin