Matters Related To Salvage Remuneration

　　 Concept of salvage reward

The reward that the salvor is entitled to after the rescue is successful. Salvage remuneration 。 The premise of requesting compensation is: salvage and salvage results have been implemented. "No effect, no reward" is one of salvage. Basic principle 。 The so-called salvage results means that through salvage operations, all or part of the value of the rescued property can be preserved and returned to the hands of the rescued party. The meaning of the principle of "no effect, no pay" is to encourage rescuers to salvage ships or other property at sea. Salvage at sea The spiritual essence.

But in recent years, because of the importance attached to environmental protection, the concept of "extra compensation" has been put forward. The maritime law stipulates that the salvage of ships or cargo on board ships that are dangerous to environmental pollution damage may receive special compensation other than salvage expenses according to circumstances. The payment of special compensation is not based on the achievement of salvage. As long as there is a risk of damage to the environment of ships or ship salvage is entitled to obtain. However, in any case, the special compensation can only be paid when the salvage remuneration exceeds the salvage Party's remuneration, and the payment amount is the difference between the special compensation and the salvage reward.

　　 Factors to be considered in determining salvage remuneration

1 the value of ship and other property being rescued;

2 rescuers' skills and efforts in preventing or reducing environmental pollution damage;

3 salvage effectiveness

4 the nature and extent of danger

5 rescuers' skills and efforts in salvaging ship surfaces:

6 the loss of time spent by the salvor; the expenses and expenses of other property and life expenses.

7 the liability risk and other risks that the salvor or salvage equipment takes;

8 timeliness of relief services provided by the salvor:

9 availability and use of ships and other equipment for salvage operations;

10 spare condition, skills and equipment value of salvage equipment.

However, in any event, the salvage remuneration shall not exceed the value of the salvage of ships and other properties, i.e. the estimated value or the actual sale proceeds after being rescued, after deducting the value of the relevant taxes and customs, quarantine and inspection fees and the expenses arising from unloading, keeping, valuing and selling. {page_break}

　 Reduction or cancellation of salvage remuneration

If the salvage operation becomes necessary or more difficult due to the fault of the rescuer, or the fraudulent or other dishonest act of the rescuer, the salvage payment shall be cancelled or reduced to the salvor.

　 Commitment and distribution of salvage remuneration

1, the reward of salvage. The salvage remuneration shall be borne by the owner of the rescued ship and other property in accordance with the respective salvage value of the ship and other property in the proportion of the total salvage value. There is no joint and several liability between the parties.

2 allocation of salvage remuneration. The salvage remuneration of the salvor participating in the same salvage operation shall be determined by the parties concerned according to the various factors that should be considered in determining the salvage remuneration according to the law. If the negotiation fails, it may be submitted to the court for adjudication or to be submitted to the arbitration organ for arbitration through the agreement of the parties concerned. A salvor who rescues human life in a salvage operation shall not ask for a reward from the rescued person, but shall have the right to obtain a reasonable share from the salvage payment obtained by the salvor or other property, or to prevent or reduce environmental pollution damage.

　 Guarantee and advance payment of salvage funds

1 guarantee for salvage funds. Upon completion of the salvage operation, the salvor shall provide satisfactory guarantee for the salvage funds in accordance with the requirements of the salvor. When the cargo ship is rescued, both the ship and the cargo belong to the object being rescued. Since the goods are under the direct control of the owner of the ship, the owner of the rescued ship should make every effort to make the owner of the goods satisfactory guarantee for the salvage funds that he should undertake before the returned goods are returned. Without the satisfaction of the salvor, the salvage property shall not be removed from the port or place where the salvage operation has been completed after the completion of the salvage operation without the satisfaction of the salvor's demand for the rescued property.

2 advance payment of salvage funds. The court or arbitration institution that receives the request for financial assistance may, according to the specific circumstances, decide or award the appropriate amount of the salvage party in a reasonable condition F. The amount guaranteed by the salvor shall be deducted after payment is paid in advance.