Quarantine1

48.1 Clause 17(a) differentiates between orders given to owners to proceed to quarantine ports depending on the time of the declaration of the state of quarantine.2 If the charterers order the vessel to a port which is already quarantined when the order is given, delay “thereby caused” counts against the charterer’s laytime. However, should the state of quarantine be declared when the vessel is on passage to a quarantined port, no liability to the charterers is to result. The clause deals solely with the charterer’s responsibility for time lost as a result of quarantine restrictions. In those cases where the charterer’s responsibility is excluded by the clause, the owner will receive no demurrage or damages for detention in respect of the delay, but his own liability for deterioration of the cargo, or for late delivery, is excluded by Article IV rule 2(h) of the Hague Rules. The clause does not deal with other potential problems, such as whether, in the case of extended delay, the charterer is obliged or entitled to issue a revised order3 or whether the charter is frustrated.4