What is Sub-Charter [Shipping]? A Comprehensive Legal Overview

Definition & Meaning

A sub-charter in shipping refers to any type of charter or contract for the use of a vessel that is subordinate to a primary charter. This term encompasses various forms of agreements, including demise charters, time charters, voyage charters, space charters, and contracts of affreightment. Essentially, a sub-charter allows one party to lease a vessel from another, under the terms set by the original charter agreement.

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Real-world examples

Here are a couple of examples of abatement:

Example 1: A shipping company enters into a primary charter with a vessel owner and later decides to sub-charter the same vessel to a freight forwarder for a specific voyage. This allows the freight forwarder to use the vessel under the terms set by the primary charter.

Example 2: A cruise line may sub-charter a ship for a season from another cruise operator, allowing them to offer additional voyages without owning the vessel themselves. (hypothetical example)

Comparison with related terms

Term Definition Differences
Demise Charter A contract where the charterer takes full possession of the vessel. Sub-charter is subordinate and may not grant full possession.
Time Charter A lease for a specified period where the charterer pays for the use of the vessel. Sub-charter can be for specific voyages or space, not just time.
Voyage Charter A contract for the use of a vessel for a specific journey. Sub-charter may involve multiple voyages or different terms.

What to do if this term applies to you

If you are considering entering into a sub-charter agreement, it's important to understand the terms of both the primary and sub-charter. You can explore US Legal Forms for templates that can help you draft a legally sound sub-charter. If your situation is complex, consulting with a legal professional is advisable to ensure compliance with maritime laws.

Quick facts

  • Typical fees: Varies based on vessel type and charter duration.
  • Jurisdiction: Governed by maritime law.
  • Possible penalties: Breach of contract may lead to financial penalties or legal disputes.

Key takeaways

Frequently asked questions

A sub-charter is an agreement for the use of a vessel that is subordinate to a primary charter.