The assistance and rescue of marine vessels in danger, on board, freight and the passage price, as well as services of the same nature between seagoing vessels and inland waterway vessels, shall be subject to the provisions of the Without the need to distinguish between these two types of services and without having to take into account the waters in which they were rendered.

Any assistance or rescue that has had a useful result gives rise to a fair remuneration.

No compensation is payable if the assistance loaned remains unhelpful.

In no case can the amount to be paid exceed the value of the things saved.

Persons who have taken part in relief operations shall not be entitled to any remuneration despite the express and reasonable defence of the rescued vessel.

The tug shall be entitled to compensation for the assistance or rescue of the vessel by towing it or its cargo only if it has rendered exceptional services which cannot be considered to be the performance of the towing contract.

Remuneration is still due to the fact that the assistance or rescue took place between ships belonging to the same owner.

The amount of remuneration shall be fixed by the agreement of the parties and, failing that, by the judge.

The same applies to the proportion in which this remuneration is to be allocated among the rescuers.

The distribution between the owner, the master and the other persons in the service of each of the rescuers shall be governed by the national law of the ship.

Any assistance and rescue agreement placed at the moment and under the influence of danger may, at the request of one of the parties, be annulled or amended by the judge, if he considers that the agreed conditions are not fair.

In all cases, where there is evidence that the consent of one of the parties has been vitiated by dol or reticence or where the remuneration is excessive in one direction or in the other, out of proportion to the service rendered, the agreement may Be cancelled or amended by the judge at the request of the interested party.

The remuneration shall be fixed by the judge in the circumstances on the basis of:

A.

In the first place, the success achieved, the efforts and the merit of those who assisted, the danger accrued by the ship assisted, by its passengers or its crew, by its cargo, by the rescuers and by the vessel rescuer, the time employed, the Costs and damages incurred, and the risks of liability and other liabilities incurred by the rescuers, the value of the equipment exposed by them, taking into account, where appropriate, the special appropriation of the assistant ship;

B.

Second, the value of things saved.

The same provisions apply to the allocation under s. 6, para. 2.

The judge may reduce or eliminate the remuneration if it appears that the rescuers have, by their fault, rendered necessary the rescue or assistance or that they have been guilty of theft, recels or other fraudulent acts.

There is no remuneration for those who are rescued, but without prejudice to the requirements of national laws in this regard.

The rescuers of human life who took part in the accident that gave rise to the rescue or assistance are entitled to a fair share of the compensation granted to the rescuers of the ship, the cargo and their accessories.

The action for payment of remuneration shall be limited to two years from the day on which the assistance or rescue operation is completed.

The causes of suspension and interruption of this requirement are determined by the law of the court seised of the action.

The High Contracting Parties reserve the right to admit in their legislation, as an extension of the above deadline, the fact that the assisted or rescued vessel could not be seized in the territorial waters of the State in which the applicant has Home or principal place of business.

Every master shall be held, as long as he can do so without serious danger to his ship, its crew, its passengers, to render assistance to any person, even an enemy, found at sea in danger of losing himself.

The owner of the vessel is not responsible for the contraventions of the previous provision.

High Contracting Parties whose legislation does not criminate the infringement of the preceding Article undertake to take or propose to their respective legislatures the measures necessary for the offence to be reprimed.

The High Contracting Parties shall, as soon as possible, communicate the laws or regulations which have already been enacted or which are to be enacted in their States for the implementation of the preceding provision.

This Convention shall not affect the provisions of national laws or international treaties on the organisation of assistance and rescue services by or under the control of public authorities, and in particular on the Rescue of fishing gear.

This Convention shall be without application to warships and State ships exclusively assigned to a public service.

The provisions of this Convention shall be applied in respect of all interested parties when, either the assistant or rescuer, the assisted or rescued ship belongs to a State of one of the High Contracting Parties, as well as in Other cases provided for in national laws.

However, it is understood that:

1.

That, in respect of the nationals of a non-Contracting State, the application of those provisions may be subject to the condition of reciprocity by each of the Contracting States;

2.

That, when all the persons concerned are nationals of the same State as the court seised, it is the national law and not the convention that is applicable;

3.

That, without prejudice to the more extensive provisions of national laws, Article 11 shall apply only between ships which are nationals of the States of the High Contracting Parties.

Each of the High Contracting Parties shall have the option of provoing the meeting of a new Conference after three years from the entry into force of this Convention, with the aim of seeking improvements which could be And, in particular, to extend, if possible, the sphere of application.

The power of the powers which would make use of this option would have to notify its intention to the other powers, through the Belgian Government, which would convene the conference within six months.

States which have not signed this Convention are entitled to accede to it on their request. This accession will be notified by diplomatic channels to the Belgian Government and, by the latter, to each of the governments of the other contracting parties; it will be effective one month after the sending of the notification by the Belgian Government.

This Convention shall be ratified.

After the expiry of the period of one year from the date of signature of the Convention, the Belgian Government shall enter into contact with the governments of the High Contracting Parties which have declared themselves ready to ratify it, to the effect of To make a decision as to whether it should be brought into force.

The ratifications will, if necessary, be deposited immediately in Brussels and the Convention will have effect one month after the deposit.

The protocol will remain open for another year in favour of the states represented at the Brussels conference. After that period, they could only accede to it in accordance with the provisions of Art. 17.

In the event that either of the High Contracting Parties would denounce this Convention, that denunciation would have effect only one year after the day on which it was notified to the Belgian Government and the Convention would remain in effect for the Of the other Contracting Parties.

In witness whereof , the plenipotentiaries of the respective High Contracting Parties have signed this Convention and have affixed their stamps to it.

Done at Brussels, in one copy, on 23 September 1910.

(Suivent signatures)