Through this loss prevention announcement, we wish to remind club members about the "Tyagun" phenomenon at Batumi Sea Port. During severe weather conditions, it is unsafe for vessels to remain docked at the berth, and they may eventually need to sail out for drifting or anchoring outside the port.
The Harbor Master will advise the vessel's master that they can stay in port until it is deemed safe to leave. However, once the master decides to shift the vessel to anchorage, they must promptly notify the Harbor Master. The process of shifting the vessel to anchorage involves pilotage fees, unmooring, and tug services, which will be the responsibility of the vessel owners and will be included in the final disbursement account by the agents.
As per standard charter terms of fixture, the vessel is fixed on the basis to be loaded/discharged at a safe port, at a safe berth. One of the classical definitions of safe port:
"A port will not be safe unless, in the relevant period of time, a particular ship can reach it, use it and return from it without, in the absence of some abnormal occurrence, being exposed to danger which cannot be avoided by good navigation and seamanship"
In such circumstances, the owners may claim the Charterers for the unsafe berth/port and ask to compensate the additional charges for the vessel's sail to the anchorage and back to port. However, some Charterers refer to the official publication “Guide to Port Entry”, which states the following wording for Batumi port:
“The port harbour is protected by a mole from the seaward and provides a safe anchorage except at times when S.W.,West and N.W. winds blow and the “Tyagun”, strong variable current with surge is formed. At time of “Tyagun” vessels are recommended to stop cargo handling operations and go out to sea.”
In light of above fact that “Tyagun” phenomenon is predictable and its mentioned in Guides for Port Entry, the Charterers may have a chance to defend their interest and not to pay to owners extra charges for forced sailing of the vessel to the anchorage and back.
In practice often happens that at the time of “TYAGUN” owners knowing the fact that extra charges should be paid due to sailing out and back to port trying to keep the vessel alongside berth as much as possible till the critical moments. As a result of such actions vessel may damage the port fenders and in some worst cases may damage the vessel as well.
Prevention:
In order to be more protected from such financial risks it is recommended to owners before acceptance of fixture to agree some additional terms in case of “Tyagun” and related extra charges which should be for the Charterers account, especially in winter period times.
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