Towage contract

A towage contract is an agreement in which the tug undertakes to provide towage services in exchange for a fee called the towage fee. This contract, which has been in practice for many years and is still widely used today, aims to ensure that towage services are carried out safely in accordance with the request of the tow. The realization of this objective is only possible if the parties fulfill their respective obligations. The nature and scope of these obligations, their legal characteristics, the liabilities arising from their breach, and the rights and remedies available to the parties constitute the primary focus of our study. In this study, the subject has been examined comparatively, especially in Anglo-American and German Law, considering the towage contract forms used in practice regarding the towage contract. Within this framework, the elements and characteristics of the towage contract have first been identified, followed by a comparison with similar maritime trade contracts. Additionally, the parties and intermediaries involved in the contract have been explained. Thereafter, the duties of the parties were analyzed individually, and potential issues arising from non-compliance with these obligations were examined with a view to finding appropriate solutions. In addition to obligations and liabilities, the circumstances that terminate the towage contract and their legal consequences have been examined. Furthermore, the applicable law governing the towage contract and the jurisdiction for resolving disputes have been analyzed. In the last part of the study, the relationship between towage contracts and maritime accidents is discussed.