HAI DANG 168 - Certificate - 494422 - P & I Owned
HAI DANG 168 - Certificate - 494422 - P & I Owned
HAI DANG 168 - Certificate - 494422 - P & I Owned
OWNER ENTRY
Class 1 – Protection and Indemnity
Member
Hai Dang Marine Company Limited (Bareboat Charterers)
Joint Member
BIDV - SuMi TRUST Leasing Company Limited (Registered Owner)
Vietnam National Reinsurance Corporation (Vinare) (Primary Insurer)
Period of Entry 7ᵗʰ July 2022 to Noon GMT 20ᵗʰ February 2023
Page 1 of 4
Certificate No: 494422
Date of Issue: 05 July 2022
This Certificate of Entry is evidence only of the contract of Indemnity Insurance between the above named Member(s)
and the Association and shall not be construed as evidence of any undertaking, financial or otherwise, on the part of
the Association to any other party.
If a Member tenders this Certificates as evidence of insurance under any applicable law relating to financial
responsibility, or otherwise shows or offers it to any other party as evidence of insurance, such use of this Certificate
by the Member is not to be taken as any indication that the Association thereby consents to act as guarantor or to be
sued directly in any jurisdiction whatsoever. The Association does not so consent.
The insurance provided by the Association for the vessel is governed by the Association’s Rules, Bye-Laws and
Constitution for the time being in force and by the Special Terms set out below. Such Rules, Bye-Laws and
Constitution are incorporated as if fully set forth in this Certificate and together with such Special Terms constitute
both the contract of indemnity insurance evidenced by this Certificate between the Association and each Member and
each Joint Member named herein and the cover provided by that contract to each Co-Assured named herein. Each
Member, Joint Member and Co-Assured is bound by and deemed to know the Rules, Bye-Laws and Constitution.
Members, Joint Members and Co-Assureds should ensure they read the Rules, Bye-Laws and Constitution, copies of
which are available from the Association. Members, Joint Members and Co-Assureds not having copies of these
documents should ask the Association’s Managers to provide them.
All the terms of the Rules, Bye-laws and Constitution are important, but particular attention is drawn to:-
- Rules 43, 45, 45(A), 45(B) and 45(C) which may require a Member or Joint Member to pay Supplementary
Calls, Overspill Calls, Releases, and contributions to a Solvency Margin and Guarantee Fund. There is no limit
to the liability of the Member or Joint Member for these calls, save for the limit per vessel provided in Rule
45(A) in respect of Overspill Calls.
- Rules 1 and 57 which establish that any difference or dispute between a Member and the Association, or
other matter relating to the Rules and all contract of insurance afforded by the Association or otherwise shall
be governed by English law and procedure in accordance with Rules 1 and 57. As set out therein, no Member
may bring or maintain any action, suit or other legal proceedings against the Association in connection with
any difference or dispute unless he has first obtained an Arbitration Award in accordance with Rule 57.
- Rule 3 (D) which sets out the terms on which the Association shall discharge and pay on the Member’s behalf
certain liabilities under the 2006 Maritime Labour Convention as amended (MLC 2006) or domestic legislation
by a State Party implementing MLC 2006.
- Rules 7 and 8 which set out the limits of the Association’s liability generally and also specifically in respect of
oil pollution, passengers and seamen, and consortium claims.
- Rule 10 which provides that the insurance is that of indemnity only. The Member or Joint Member or Co-
Assured has no right to recover funds from the Association for insured claims unless and until the Member,
Joint Member or Co- Assured has first paid the same.
- Rule 18 (Double Insurance) and Rule 2 Section 11 proviso (b) (Pollution) which contain restrictions on
cover for liabilities, costs and expenses insured by or recoverable from other insurers.
- Rule 19 and 19(A) which provide that cover may not be available for certain kinds of trade or other activity,
including but not limited to those which expose the Association to the risk of sanctions.
- Rule 21 which provides that, although the Rules are subject to the Insurance Act 2015, the Association has
exercised its right to contract out of a number of Sections in the Act, including Section 13A which introduced
damages for the late payment of a claim.
- Rule 24 and Rule 25 which include the requirement for prompt notification of every casualty, event or matter
which is liable to give rise to a claim on the Association, and the conditions under which a claim on the
Association may be Time Barred.
- Rule 42 which provides that the obligations of a Member are cumulative throughout the period of membership
and that obligations of a Member may continue after membership has ceased.
Page 2 of 4
Certificate No: 494422
Date of Issue: 05 July 2022
The Association is subject to the laws and regulations of the Grand Duchy of Luxembourg and is therefore subject to
a duty of professional confidentiality in its activities carried out from the Grand Duchy of Luxembourg pursuant to
Article 300 of the law of 7 December 2015 on the insurance sector, as amended.
The Association may, in order to fulfil its obligations and to provide a suitably high level of service, need to share
certain information regarding the Members with its service company regulated by the Luxembourg Commissariat aux
Assurances, West of England Insurance Services (Luxembourg) S.A., and with that company's UK branch or other
entities within the group (together the “Service Provider”). Certain services are outsourced by the Association to the
Service Provider in the areas of underwriting, claims management and back office services such as IT, finance,
compliance, internal audit, claims management and payment.
Information that may be shared by the Association with the Service Provider includes (without limitation): the
Member's name, registered office, date of incorporation and description of activities; personal data of the Member's
staff (e.g. first name, surname, date and place of birth, passport or ID card number and contact details; the beneficial
owner(s); the authorised representative; and general information relating to the Members’ assets and funds that have
been provided by the Member to the Association (the “Data”).
The Member hereby expressly authorises, and confirms its consent to, the sharing, transmission and disclosure of
the Data with or to the Service Provider by the Association and its directors, officers, employees and agents.
The Member shall ensure that they (and/or their nominated representative(s)) are entitled under the General Data
Protection Regulation (GDPR) (EU) 2016/679 (“GDPR”) to transfer relevant personal data to the Association to
facilitate lawful processing of personal data. The Service Provider shall treat personal data provided by the Member
in accordance with the GDPR.
The terms and conditions of the insurance afforded by the Association in respect of the aforesaid vessel are upon
and in accordance with this Certificate and the Rules, Bye-laws and the Constitution of the Association for the time
being in force except to the extent that the said Rules are modified by the Special Terms set out below:-
Special Terms
Crew Deductible
The Member shall bear the first $500 of liabilities and expenses in respect of all crew claims, each accident or
occurrence.
Fleet Clause
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Certificate No: 494422
Date of Issue: 05 July 2022
For the purposes of Rule 31 the vessel belongs to the Military Insurance Company fleet.
In accordance with Rule 20B (3) in the light of such survey and any recommendations made by the surveyor or the
Managers as to repairs or other action to be taken, the Managers in their discretion may terminate the entry forthwith
or amend or vary the terms of entry or impose conditions in the terms of entry in such form as they think fit.
Should the entered vessel not be made available for a condition survey within the Agreed Survey Period in
accordance with the first paragraph of this clause, then there is no cover for any claim whatsoever which is deemed
by the Managers to have arisen and or resulted from a default, fault or problem with the vessel and or crew that
would have been discovered by a surveyor had the condition survey taken place within the Agreed Survey Period,
unless otherwise agreed by the Managers. Should it later be agreed by the Managers to extend the survey period
beyond the Agreed Survey Period then it will still be deemed for the purposes of this third paragraph that the entered
vessel was not made available for a condition survey within the Agreed Survey Period, unless otherwise agreed by
the Managers.
Richard Macnamara
Director
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