船舶在商业操作中在不可控制的情况下，会有许许多多的事故，这些事故我们不可控制。别人对我们索赔，我能做到的便是反索赔 ( 持有自己的证据，但是不能管别人的言论 )。结合自己在船遇到的海事应用文，列举如下，虽然这不是范本，但是它可以打开你的思路，可以确保在船工作时，知道什么情况下需要递交抗议书或是海事声明。
海事声明，是指运输过程中，船舶遭遇海损事故或恶劣天气造成或可能造成船舶或货物损害，船长所签署的声明。该声明申述本船对不可抗力所造成的任何损害不负任何责任，同时保留向有关方索赔和在适当的时间和地点延伸或补充声明的权利。海事声明经第一抵达港的航海机关或公证机构或船籍国驻当地使领馆签证后，就成为保险人所必须取得的文件。
按照国际惯例，如须提交海事声明，应在开舱前送交签证 ; 如等开舱后发现船、货的损害与所递交的海事声明有关时，船方还可以作补充说明或者延伸声明，重申对损害不负任何责任或者保留向有关方索赔的权利。多数国家的法庭对海事声明的效力未予肯定，有少数国家的法律 ( 如苏联海商法 ) 明确规定了海事声明具有证据效力。海事声明的作用是：船长签署海事声明的目的是说明船舶遇到不可抗力，对船、货已经或可能造成损失，承运人不负责任。船舶到达第一个港口的 24 小时内，应由船长把海事声明提交港务监督，在国外则提交至本国驻当地领事馆或其他有关机构鉴证，有时也可交予公证机关鉴证。海事声明一般附存航海日志摘要。
海事声明的法律地位各国不一：欧洲大陆国家一般作为法定依据 ; 美国则认为仅是单方面的事实记录，不能作为对船方有利的证明文件。船长提交海事声明所涉情节有关，可以另作延伸海事声明，重申对损失或损坏不负责任并保留向有关方面索赔的权利。
船长实践工作中应用文书举例：
01. 亏仓声明
In accordance with the terms and conditions of the Charter Party applicable to this voyage and the sailing instructions, the vessel ordered [name of shipper] to provide on board [quantity: A] metric tons of [cargo – type and grade] at [name of the port] for carriage to [name of discharging Port] and had provided cargo space on board sufficient to load the quantity as so ordered accordingly.
Upon the completion of loading at this port on [date, time], the total cargo loaded on board was found to be [quantity: B] metric tons as per quantity shown on the Mate’s Receipt / Bills of lading, which is definitely short of the quantity as so ordered.
Therefore, I, Captain [name], the Master of the M.V. [name of vessel] hold all of you fully responsible and liable for loss of freight or other result whatsoever due to and/or in relation to the alleged shortage of [quantity: A - B] metric tons of [cargo - type and grade] as the above-mentioned.
02. 装货港船岸双方货物重量不一致
Upon the completion of loadingthe abovementioned gradeof cargo at this (Port Name) on [Date & time], the total quantity of cargo loaded was found to be as follows:
As per Ships draft survey: _______________
As per Shore (Mates receipt / BL) figures: ____________________
The difference between Ship / Shore figure is: ____________________
Hereby I, Captain [name], the Master of the M.V. [name of vessel] on behalf of the vessel and her Owners/Managers note protest and hold you fully responsible for any claims consequences that may
arise/result out of this discrepancy.I further reserve the right to extend this protest at anytime in the future as required.
03. 装货过程中工人野蛮操作克令吊
This is to Place on record that vessel M.V.xxxxx (IMO no:xxxxxxxx), arrived at Port of Lazardo Cardenas at 31 May 2018.
POB:2130 lt
All fast : 2248lt
Commenced cargo : 0150 lt
As per the agents email report on 01 Jun 2018
0200-0250lt HOLD 5 / SHIP’S CRANE No.4 - ELECTRICAL FAILURE
1220-1245lt HOLD 3 / SHIP’S CRANE No.2 – FAILURE
Ship’s crew immediately checked crane condition and stevedore operation status, found crane Jib limit, crane auto stopped lift highest level, only lower or swing can operational. Crew talked operator and teached. But failed ,operator only understand Spanish language. He insisted on his procedure, tried crane many many times, foreman also not always onboard monitored cargo loading status!
Before loading 2300lt 31 May 2018-0100 lt 01 Jun 2018 charterer independent surveyor inspection and practical tested vessel 4 pcs crane( copy some document) ,found all is in very good condition.
Hereby I, Captain xxxx , the Master of the M.V.INTERLINK xxxxx on behalf of the vessel and her Owners/Managers note protest and hold you fully responsible for any claims & consequences that may arise/result out of this case. I further reserve the right to extend this protest at any time in the future as required.
04. 装货过程中工人受伤
This is to Place on record that vessel M.V.Interlink xxxxx (IMO no: xxxxxx), arrived at Port of Lazardo Cardenas at 31 May 2018.
POB:2130 lt
All fast : 2248lt
Commenced cargo : 0150 lt
As per the attached Statement of Facts / photo report a stevedore was today on 01 Jun 2018 date at 1300LT injured on board the Interlink xxxx in Cargo Hold 5. The stevedore was injured through no fault of the vessel.
The extent of the stevedore’s injuries are unknown to the vessel.
Vessel notified agents as well of the incident.
Vessel hereby refuses any responsibility for this incident.
I Capt.xxx master of M.V. Interlink xxxxx hereby strongly protest on behalf of vessel/owners/managers and hold Stevedoring company fully responsible for all time losses and/or expenses and/or any charges and/or any claims and/or penalties to arise against the vessel now or in future due to this incident.
I reserve the rights of my principals to refer to this matter at a later date and to take such action as may be deemed necessary.
05. 岸上装卸设备受限，货物不能装载在船舶的另一侧
In view of the following:
the Caption ship alongsided wharf EE 749-001 1148lt 16 Dec 2018 and ready for loading the cargo UREA GRAN IN BULK/UREA PRILLED IN BULK. Cargo commenced loading at 1545lt 16 Dec 2018. During periods of loading above cargo, shore loader limit, cargo only loading cargo hold starboard side, vessel list to starboard side more than 2 drg, shore crane limit only reach after No.3 cargo hold for trimming,vessel free provided all cargo gear for loading this cargo ,but shore cannot provided suit grab for vessel’s crane.
the statement of fact, blw target time figure was ture.
0620-0800 lt 26 Dec 2018 suspended loading due to shore loader limit,waitting for trimming.I, master of “INTERLINK xxxxxx” have to lodge this protest to against all losses, claims etc, arisen by the aforesaid fact, and reserving my right to extend this protest at any time or place that may be convenient.
To see attached picture.
06.装货港，遭受恶劣天气，水面结冰、下雪，水尺计算无法确定货物数量
In view of the following:
the Caption ship alongsided wharf EE 749-001 1148lt 16 Dec 2018 and ready for loading the cargo UREA GRAN IN BULK/UREA PRILLED IN BULK. Cargo commenced loading at 1545lt 16 Dec 2018. During periods of loading above cargo, vessel encountered heavy weather, all deck and hatch cover covered about 30-40 cm snow, ballast tank and sounding pipe also freezing, final draft survey unpumped ballast water not fixed in this weather condition. for heavy weather condition may be caused the cargo quantity difference as the B/L at discharging Buenaventura, Colombia // Guayaquil, Ecuador.
I, master of “INTERLINK xxxxxx” have to lodge this protest to against all losses, claims etc, arisen by the aforesaid fact, and reserving my right to extend this protest at any time or place that may be convenient.
To see attached picture.
07. 货舱损坏
贵轮2010.06.06 1300hrs 于Kohsichang 卸货时，工人操作不慎致第二舱舱底板数处破洞，严重影响日后压舱水作业。请制作抗议书 (Letter of Protest) 一份，除要求装卸公司及租方立即修复外，并作适当保护船方的主张。
I, Captain (insert captain’s name), Master of M.V. (insert vessel’s name), regretfully inform you that the under-mentioned damages were made by the stevedores’ rough handling/operation of (insert machine) during vessel’s loading/discharging operation at Kohsichang.
- Time of damage occurred: 1300LT 06/Jun/2010
- Description of the damages:The tanktop in hold no.2 was deformed and leaks were found in the cargo hold.
The leaks in hold no.2 have seriously damaged vessel’s ballasting system. Please urgently repair the damages prior to vessel’s departure from Kohsichang at the time and account of your company.
I hereby file my protest for the above-mentioned stevedores’damages and reserve all the rights to claim for any expense, cost, loss of time, and consequence arising wherefrom.
08. 在锚地恶劣天气中作业
贵轮现于锚地装货涌浪颇大，若继续作业可能造成吊杆或船体损伤。经与现场领班讨论，对方认为海象仍可作业。请你立即草拟抗议书 (Letter of Protest)，通知相关单位，叙明现时情况及船方顾虑，除严正声明租方及装卸公司将对因此而造成的一切损害负完全责任外，并且一切的时间损失均与船方无渉。
I, Captain (insert captain’s name), Master of M.V. (insert vessel’s name), declare that M.V. (insert vessel’s name) under my command started loading operation at (insert anchorage) on (insert day/month/year).
At (insert time) on (insert day/month/year), strong wind and high swells occurred at the anchorage, and therefore made it hazardous to carry out the cargo operation. However, the stevedore foreman insisted to continue loading under the above-mentioned weather condition despite my objection.
Fearing loss or damage that may be sustained by the vessel’s hull, machinery and cargo through rough and boisterous weather during the cargo operation, I hereby note my protest against all losses and damages caused thereby. In addition to that, the ship and her Owners reserve their rights to extend same whenever/wherever necessary and are not responsible for any time thereby lost, if any.
09. 船期短造成违反港口规定
贵轮被通知前往黑海乌克兰装货，但租家因时间紧迫，要求贵轮直接驶往装货港，而不必理会黑海区域对换排压舱水的规定。请即发函租家，请对方立即书面确认将对贵轮因此而遭致的一切损害 ( 包括但不限于罚金扣船等 ) 负全部赔偿责任后，贵轮只得依对方指示办理。
Proceed directly to (port) without exchanging ballast water.
This is referred to your message on (date) requesting the ship under my command to proceed to (port) directly without exchanging ship's ballast water in open sea as per relevant ballast-exchange rules in the Black Sea area.
Charterers please immediately confirm your agreement to take full responsibilities of all losses and costs, in any, including, but not limited to, penalty and detention of the vessel and whatsoever nature which the ship may sustain by reason of breaking the Black Sea water ballast regulation in accordance with Charterers request.
Without Charterers written confirmation of the above, the ship will have no way but to follow up the existing rules about ballast-exchange. In that case, the ship may spend about (number) additional hours for drifting at (drifting location) at Charterers time and cost. The ship and her Owners shall of course not be responsible for any delay or time loss arising therefrom.
10. 工人野蛮卸货作业致货损
贵轮在卸货期间码头卸货工人作业极其粗糙，屡屡发生程度不一的货损。请即向相关单位发出抗议书 (Letter of Protest)，请对方立刻改善并对贵轮的权益作适当主张。
I, Captain (insert captain’s name), Master of M.V. (insert vessel’s name) noticed that during cargo discharging operation at (insert port name) on (insert date), several cargo damages are observed due to stevedores’ rough handling.
I hereby file my protest for future reference and strongly request receivers immediate intervention to push your stevedores improve their operation. Ship and her Owners are not responsible for any loss and/or claims occurred wherefrom.
11. 工人无故暂停装 / 卸货作业
贵轮在装货 / 卸货期间，码头工人在无明确告知原因下突然暂停作业。请即向相关单位发出抗议书 (Letter of Protest)，要求码头工人立即复工并声明若因此而产生的一切延误与损失均与贵轮及船东无渉。
I, Captain (insert captain’s name), Master of M.V. (insert vessel’s name) declare that M.V. (insert captain’s name) under my command started loading/discharging at (insert anchorage/port name) on (insert day/month/year).
At (insert time) on (insert day/month/year), the loading/discharging operation (at Hold No.1, 2, …) was suspended with unknown reason while the ship was in all respects ready for loading/discharging.
I hereby file my protest for future reference and strongly request receivers’ immediate intervention to push your stevedores to resume working. Ship and her Owners are not responsible for any delay and cost occurred wherefrom.
12. 移泊至锚地等候办关手续
贵轮在落后地区，得知代理欲安排船舶先行移泊至外海锚地并后补所扣文件及结关证书，如当时船舶并无装卸货且无须在外海锚地进行之作业，请制作文书收条(Receipt) 一份要求该代理签署。
I, (agent company name), as the agent assigned by my principal Messrs. (agent's principal) to handle your vessel's port clearance at (Port Name), hereby acknowledge the receipt of all the required documents listed below and now request the vessel to shift to outer anchorage firstly in order to save time/expenses of the harbour stay while I arrange port clearance of the vessel.
I confirm that I will return you all vessel's documents I’m holding when your vessel arrives at the anchorage. If there is any ship's delay, damage and/or loss caused by my failing or delay returning of the documents, both this office and (agent's principal) will take full responsibility and indemnify you and your owner for all delay, damage and/or losses.
如该代理拒绝签署你制作的文书收条 (Receipt) 或给予其他同性质的保证，请你制作一份报告通知当地港务局及领港站，除告知上情并声明贵轮拒绝代理行的无理安排外，另请求港务局立即介入处理，若因此而衍生的一切延误与损失应由代理行负责，与贵轮及船东无渉。
The captioned ship under my command completed her discharge/loading at xxxx hours of (date). The ship is now in all respects ready for sail.
I'm notified by the port agent (agent name) that my ship has to be shifted firstly to outside harbour, but the agent refuses either to return me ship's documents he is holding or to confirm his undertaking of adequate procedure and liabilities.
To protect the safety of your good port as well as my ship and all crew members onboard, I hereby declare my rejection to comply with agent's arrangement, and strongly request your immediate intervention.
All costs, expenses, delay therefrom shall be for (agent name)'s account and nothing related to the ship and her owner
