Rescue Wages for Assistance at Sea: What You Need to Know

A ship with engine trouble, stranded in busy waters. As the captain, you see the danger mounting: drifting toward a bridge pier, a sandbar, or a channel.

A passing vessel decides to intervene and tows the stranded vessel to a safe location. Nothing was agreed upon—no contract was signed, and no fee was discussed.

And yet, a bill follows later. The rescuer claims a rescue fee for assistance provided at sea.

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Maritime Rescue in the Media

Maritime rescue operations regularly make the news. Take, for example, the Ever Given, the container ship that blocked the Suez Canal in 2021 and was refloated after a large-scale operation with the help of salvage vessels.

Or the Fremantle Highway, the car carrier that caught fire off the Dutch coast in 2023 and was towed to the port of Eemshaven. And the Julietta D, the cargo ship that lost steering off the Dutch coast and collided with an oil tanker. In all these cases, salvage fees played a role in the resolution of the incidents.

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The Legal Framework for Maritime Assistance Wages

The fundamental principle of international and Dutch maritime, port, and commercial law is clear: assistance must be rewarded. This principle is enshrined in the 1989 London Convention on Assistance, which has been implemented in the Netherlands in Book 8 of the Civil Code. The idea behind this is that skippers and rescuers should not hesitate to intervene in dangerous situations at sea for fear that their efforts will go unrewarded.

Whether the assistance is provided by a professional salvage operator or by a ship that happens to be passing by makes no difference in principle.

Assistance Without a Prior Agreement

In practice, assistance is often provided without a prior agreement. Legally, this is not an obstacle. A contract is not required for the right to assistance pay to arise. The question is not whether you agreed on anything, but whether the legal conditions for providing assistance have been met. Those conditions are:

The vessel was in distress at the start of the assistance;
The rescuer actually provided assistance;
That assistance had a favorable outcome.

If these conditions are met, then, in principle, a right to a rescue fee arises.

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When is something legally considered a “danger”?

The concept of “danger” sounds more dramatic than it needs to be in legal terms. According to established case law, this threshold is relatively low. “Danger” within the meaning of Article 8:551(1) of the Dutch Civil Code exists when there is a situation of imminent loss or, at the very least, very serious harm, from which the ship cannot extricate itself by its own means, without outside assistance. Even a relatively minor degree of danger may be sufficient to establish the existence of danger.

In this regard, the Supreme Court has explicitly held that this broad interpretation serves the public interest in the safety of shipping. The provision of assistance must not be discouraged by a premature determination that no danger existed. This concerns a legal threshold for eligibility: the question of whether assistance qualifies for compensation.

The severity of the danger only plays a role in determining the amount of the assistance fee. The question of whether a danger existed must be assessed as of the moment the service began. The provision of assistance continues as long as the danger persists.

Obligation to Achieve a Specific Result: Assistance Leading to a Favorable Outcome

Not every rescue operation automatically entitles you to a rescue reward. The rescue must have been successful. This means that the actions actually contributed to securing the ship or its cargo or to limiting the damage—including environmental damage.

If such a result is lacking, you are generally not entitled to a salvage reward, regardless of the extent of the efforts, the time spent, or the costs incurred.

Is a prior contract required?

Rescuers may choose to enter into an agreement in advance with the owner or operator of the vessel in distress. Such a pre-established contractual basis provides clarity regarding the legal relationship, the applicable terms and conditions, and the method by which compensation is determined.

In practice, standard contracts such as the Lloyd’s Open Form (“LOF”) are often used. Our transportation law attorneys regularly encounter these forms.

How is the amount of the supplementary wage calculated?

If no amount has been agreed upon, the assistance fee is determined retroactively. There is no fixed rate. Both the 1989 Assistance Convention and Article 8:563 of the Dutch Civil Code stipulate that the assistance fee must be determined with a view to encouraging the provision of assistance.

This assessment takes into account a combination of factors, including:

The value of the ship and the other salvaged goods;

The expertise and efforts of the emergency responder in preventing or mitigating environmental damage;

The results achieved through the assistance provided;

The expertise and efforts of the responder in preventing or limiting environmental damage;

The nature and severity of the danger;

The dedication and professional competence demonstrated in saving property and, where applicable, human lives;

The time spent, costs incurred, and losses suffered;

The risks incurred by the emergency responder, including liability risks;

The speed with which assistance was provided;

The availability and deployment of specialized emergency response equipment;

The state of readiness, effectiveness, and value of the equipment used.

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