Such a contract or agreement not only regulates the rights and obligations of all parties involved, but also provides clarity on liability issues - an often underestimated aspect that can have far-reaching consequences in an emergency.
Meaning and function of the crew contract
The crew contract is therefore much more than a formal document. It defines the legal relationship between skipper and crew and creates a binding framework for the entire cruise. Its main function is to minimise potential conflicts and liability risks. It is not just about protecting the skipper, but also about protecting everyone involved.
A carefully drafted contract clarifies key questions: Who bears what responsibility? How are costs shared? What liability regulations apply in the event of damage? This clarity creates trust and allows the crew to concentrate fully on the sailing experience. At the same time, the contract is an important addition to the charter contract, which regulates the relationship with the charter company.
Core elements of a solid contract
A professionally drafted crew contract comprises several key elements. First and foremost is the precise definition of the planned cruise, including the travel period, cruising area and handover modalities of the yacht. Equally important is the definition of the skipper's responsibilities. The skipper bears the main responsibility for the safety of the ship and crew as well as compliance with all relevant legal regulations.
The rights and duties of the crew members form another central component. This includes the obligation to follow the skipper's instructions, but also the personal responsibility for personal safety. Detailed cost regulations, for example on the distribution of charter fees, on-board funds and possible claims, prevent financial disagreements.
Liability regulations as a protective shield
The liability provisions in the crew contract deserve special attention. They form a kind of legal shield for all parties involved. A well-drafted contract excludes liability for personal injury and damage to property between crew members and towards the skipper, unless caused intentionally or through gross negligence.
It should be noted that a blanket exclusion of liability may be legally contestable. Instead, it is advisable to draw up an individualised contract that is tailored to the specific circumstances of the cruise. There are limits to the exclusion of liability, particularly in the case of damage to the ship owner - here the skipper and crew are liable outside of the crew contract.
The role of the skipper: responsibilities and duties
The skipper occupies a key position. His or her responsibilities range from ensuring that the ship is seaworthy and that the safety equipment is in good working order to carrying out a comprehensive safety briefing. He must ensure that the crew is physically and mentally capable of coping with difficult weather conditions.
The skipper's duties also include providing sufficient food, fuel and water. His decisions on nautical matters take precedence over other agreements. These far-reaching powers go hand in hand with a high level of responsibility that requires sound nautical knowledge and experience.
Rights and obligations of the crew
The crew members are not passive passengers, but active participants in the cruise. The crew contract emphasises that participation is at the crew member's own risk. This includes the obligation to take responsibility for personal safety, for example by wearing life jackets and safety belts.
At the same time, crew members have the right to a comprehensive safety briefing and information about on-board facilities. They are obliged to follow the skipper's nautical instructions and actively participate on board. This cooperation extends from sailing manoeuvres to participation in the costs on board in accordance with the contractual agreements.
Insurance cover as additional protection
One aspect that is often neglected is adequate insurance cover. While marine liability and hull insurance cover basic boat risks, it is advisable for skippers and crew to take out special supplementary insurance. Skipper liability insurance closes gaps in the insurance cover and also covers legal costs in defence against unjustified claims.
Skipper accident insurance, which is specially tailored to the needs of water sports and offers high levels of cover for salvage costs, for example, can also be useful. Charterers are also advised to take out charter deposit insurance and charter cancellation insurance. The costs for this comprehensive insurance cover are often low in relation to the potential risks.
Conclusion
The crew contract (or co-sailor agreement) is much more than a legal formality. It forms the foundation for a safe and legally secure sailing trip. It creates transparency and trust within the crew through clear regulations on responsibilities, liability and cost sharing.
At the same time, it offers protection against incalculable risks. The careful drafting of an individual crew contract, supplemented by adequate insurance cover, should therefore be an integral part of every cruise preparation. Only then can the skipper and crew enjoy their freedom at sea without any worries - in the knowledge that they are optimally equipped for all eventualities.
The crew contract is therefore not only a legal instrument, but also an expression of maritime professionalism and responsibility.
