Article 88. Obstacles to the entry of a vessel into the port of destination of the Merchant Shipping Act
1. If, due to reasons beyond the control of the carrier, the vessel cannot enter the port of destination, the carrier is obliged to immediately notify the sender or charterer or the person authorized to dispose of the cargo, when such person is known to the carrier.
2. In the event that the entire vessel is provided for cargo transportation and no instructions have been received within a reasonable time from the date of sending the notification by the carrier on how to dispose of the cargo, the ship's captain has the right to unload the cargo at one of the nearest ports or return the cargo to the port of departure, depending on what, in the opinion of the ship's captain, is more likely beneficial to the sender or charterer or the person authorized to manage the cargo.
3. If not all the vessel is provided for cargo transportation, and within three days from the date of sending the notification by the carrier, no instructions have been received on how to dispose of the cargo, the ship's captain has the right to unload the cargo at one of the nearest ports and inform the sender or charterer or the person authorized to dispose of the cargo. The ship's captain has the right to do so even if the order he has received cannot be executed without causing damage to the owners of other cargo on the ship.
4. If the carrier is awaiting the order of the sender or charterer or a person authorized to dispose of the cargo, the carrier is entitled to reimbursement of the costs associated with such waiting, as well as freight in an amount proportional to the actual distance traveled by the vessel.
The Law of the Republic of Kazakhstan dated January 17, 2002 No. 284.
This Law defines the legal, organizational, economic and international foundations of public administration in the field of merchant shipping and regulates relations related to the transportation of passengers, baggage and cargo, ensuring safety in maritime transport and environmental protection.
President
Republic of Kazakhstan
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