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Rule 43 Towage

1 The Association shall cover liabilities, costs and expenses arising out of the towage of the Ship, or out of the towage of a vessel by the Ship, provided that such liabilities, costs and expenses are:

a) within the cover available under any other Rule; and
b) not excluded by Rules 43.2 or 43.3.

2 The Association shall not cover liabilities, losses, costs or expenses incurred under or pursuant to the terms of a contract for the towage of the Ship other than:

a) a contract entered into for the purpose of entering or leaving port, or manoeuvring within the port, during the ordinary course of trading; or
b) a contract entered into in the ordinary course of trading for the towage of such ships as are habitually towed from place to place; or
c) a contract which has been approved by the Association.

3 The Association shall not cover liability for loss of or damage to or wreck removal of a vessel or other floating structure towed by the Ship or the cargo or other property on such tow (together with costs and expenses associated therewith), save insofar as:

a) the towage or attempt thereat is made for the purpose of saving or attempting to save life or property at sea; or
b) the Ship is entered as a tug or otherwise on the basis that it will engage in towing in the ordinary course of business, and the tow is undertaken on contractual terms approved by the Association (whether or not the Member is a party to the contract); or

1 The following standard terms of contracts are approved by the Association, provided they are not materially amended:

(a) UK, Netherlands or Scandinavian standard towage conditions;
(b) "Towcon" or "Towhire";
(c) Lloyd's Standard Form of Salvage Agreements.

2 The Association will otherwise expect contracts incorporating terms as between the Member on the one part, and the owner of the tow and the owners of any cargo or other property on board the tow on the other part, that each shall be  responsible for any loss or damage to his own ship, cargo or property and for loss of life or personal injury to his own personnel, without any recourse against the other.

c) cover has been agreed with the Association prior to the commencement of the towage.