If a ship is improperly stored in its winter storage facility, the storage operator is liable even if its agreement with the owner was declared as a "rental agreement". This was decided by the Schleswig-Holstein Higher Regional Court. The specific case involved an Oceanis 43 that had fallen from the storage trestle in an outdoor storage facility in Wendtorf during hurricane "Christian" in October 2013. One of the supports drilled into the ship's hull, causing property damage of over 100,000 euros.
The owner's boat hull insurance settled the claim - and then sued the operator of the winter storage facility. Initially without success, the regional court dismissed the claim. The judges categorised the contract as a mere rental. The storage company was therefore not subject to any special safekeeping obligations. The regional court did not consider the storage space or the storage rack to be defective, nor did it consider the storage operator to be negligent. Liability was excluded on the basis of the storage operator's general terms and conditions.
The Higher Regional Court has now overturned this decision (case no. 16 U 114/21). Reasoning: This was not a rental contract, but a storage contract. This was evident from the actual handling. Therefore, the storage operator owed the owner the "proper storage" of his boat. In the opinion of the OLG, however, the owner acted with "gross negligence": the yacht was barely supported laterally, although strong crosswinds were to be expected on the Baltic Sea. In general, the storage of the ship was "extremely unprofessional from the outset", according to the judges. The owner had covered the boat with a tarpaulin, which increased the wind load. For the judges, however, this was no reason to hold him jointly responsible.
If clubs store boats for the winter, different rules apply. Insurance provider Pantaenius points this out. Liability for a club is not comparable to that of a business. Moreover, culpable behaviour on the part of the operator is always a prerequisite.
Expert: "Groundbreaking judgement"
YACHT spoke to legal counsel Benjamin Grimme about the significance of this judgement
What is the significance of this court decision in your view, Mr Grimme?
It is certainly a groundbreaking landmark judgement - and has significantly strengthened the rights of boat owners who store their yachts in winter.
What is special about this judgement?
In the case of a storage contract, the operator of the winter storage facility - unlike in the case of a simple rental contract - must exonerate himself, i.e. prove in the event of damage that he is not responsible for the cause. The courts set high standards in this respect. Otherwise the warehouse operator is liable. This also applies if, for example, the warehouse goes up in flames. However, whether a specific case is a storage contract or a rental contract must be decided in detail based on the text of the contract. If owners only rent a clearly defined area, such as a car parking space, and do not make use of any additional services from the warehouse operator, it is more likely to be a rental agreement.
To what extent are warehouse operators liable?
Unlimited. However, only for the current value, not for the new value of the boat.
What does the judgement mean for owners who do not have boat hull insurance?
In such a case, they can also take recourse against the storage operator or their liability insurer if their boat is damaged there. However, anyone who is unable to reach an out-of-court settlement must accept a legal dispute. The insurance company has a special right of cancellation in the event of damage. In our experience, however, this is rarely exercised.
Can warehouse operators now simply change their clauses to avoid liability?
This is possible, but there are strict limits. Owners must not be unreasonably disadvantaged in such a case.
