Losses caused by the fault of the claimant or the part that enlarges the loss shall not be compensated. Two, compensation should try to restore the original state, can not restore the original state of the discount compensation. Three, ship damage compensation is divided into total loss compensation and partial damage compensation.
(1) The compensation for the total loss of the ship includes:
Loss of ship value;
Loss of fuel, materials, spare parts and supplies, fishing gear, nets and fishing gear on fishing boats that are not included in the value of the ship;
Crew salaries, repatriation expenses and other reasonable expenses.
(2) Compensation for partial damage to the ship includes: reasonable temporary repair expenses, permanent repair expenses, auxiliary expenses and maintenance expenses, provided that the following conditions are met:
The ship should be repaired nearby, unless the claimant can prove that repairing in other places can reduce losses and save costs, or there are other reasonable reasons. If the ship can continue to operate after temporary repair, the claimant has the responsibility to carry out temporary repair;
When the collision part of the ship is repaired with the claimant to ensure the seaworthiness of the ship, or due to another accident, or together with the routine maintenance of the ship, the compensation is limited to the expenses and losses needed to repair the collision damaged part.
(3) Compensation for ship damage also includes:
Reasonable salvage expenses, sunken ship exploration, salvage and removal expenses, and sunken ship sign setting expenses;
The loss of towage, rent or freight on this voyage shall be shared in general average;
Reasonable transportation losses;
Other reasonable expenses. Four, the ship's property damage compensation includes:
Depreciation losses caused by the loss or partial damage of property on board;
Reasonable repair or disposal costs;
The reasonable expenses for salvage, salvage and removal of property shall be shared by general average;
Other reasonable expenses. Five, the compensation for damage to facilities caused by ship contact includes:
The cost of repairing the total loss or partial damage of the facilities;
Reasonable income loss caused by the failure to use the facilities normally before they are repaired. Six, ship collision or touch caused by the loss of property of a third party, shall be compensated. Seven, in addition to compensation for the principal, but also compensation for interest losses. Eight, the calculation of ship value loss, to determine the market price of similar ships at the time of collision; If there is no market price of similar ships at the collision site, it shall be determined according to the market price of similar ships at the port of registry of the ship, or according to the average price of similar ships in other regions; If there is no market price, it shall be calculated on the basis of the original price or purchase price of the ship, deducting depreciation (the depreciation rate is 4-10% per year); If there is no value after depreciation, it shall be calculated according to the residual value.
If the ship has a salvage value after being rescued, the salvage value shall be deducted from the value of the ship. Nine, the calculation of property losses on board:
(1) If the goods are lost, it shall be calculated according to the actual value of the goods, that is, the value of the goods at the time of shipment plus the freight and the insurance premium paid by the claimant, and the expenses that can be saved shall be deducted;
(2) If the goods are damaged, it shall be calculated according to the cost required for repair, or according to the actual value of the goods after deducting the residual value and the cost that can be saved;
(3) The loss caused by the delay in delivery within the agreed time due to ship collision shall be calculated according to the actual value of the delayed goods plus the difference between the expected profit and the market price at the time of landing, but the expected profit shall not exceed 65,438+00% of the actual value of the goods;
(4) The fish caught on board shall be calculated according to the actual value of the fish. The value of fish goods refers to the local market price at the time of maritime incident, after deducting the cost that can be saved.
(5) The type and quantity of fishing gear and net on board shall be calculated by subtracting the existing quantity from the required quantity of this sea fishing operation, but if the required quantity exceeds the type and quantity specified or permitted by the fishery administrative department, it shall not be recognized; The value of fishing gear and net gear shall be calculated according to the original purchase price or original cost minus depreciation expense and salvage value;
(6) The loss of passengers' luggage and articles (including carry-on luggage) belongs to the loss of passengers on this ship and shall be handled in accordance with the provisions of the Maritime Law; The loss of passengers belonging to other ships may be handled with reference to the provisions on compensation for loss or damage of passengers' luggage in the passenger transport contract;
(seven) the loss of personal necessities of the crew, according to the actual loss of appropriate compensation;
(8) The loss of currency, gold, silver, jewels, securities or other valuables that the carrier and passengers have agreed in writing to be kept by the carrier shall be handled in accordance with the provisions of the Maritime Law; Loss of currency, gold, silver, jewelry, securities or other valuables carried by crew members, passengers and other personnel shall not be recognized;
(nine) the loss of other property on board shall be calculated according to its actual value. X. Calculation of transportation loss:
Time limit: in the case of total loss of the ship, it is limited to the reasonable time required to find a replacement ship, but the longest time shall not exceed two months; The repair period of partial damage to the ship is limited to the reasonable period required for actual repair, including the reasonable time required for contact, docking and ship inspection; Fishing boats shall deduct the fishing moratorium according to the above time limit, or impose restrictions according to a fishing moratorium.
Shipping losses are generally calculated according to the average net profit of the two voyages before and after the collision; If there are no two voyages before and after, the average net profit of other corresponding voyages shall be calculated.
The loss of a fishing boat during the fishing ban shall be calculated according to the average net income of the fishing boat in the same period of the previous three years, or according to the average net income of similar fishing boats in the same period this year. When calculating the loss in fishing season, factors such as the role of colliding fishing boats in ship fishing operations or purse seine lighting should be considered.