Salvage services performed on 20 August 2016 by Lima Delta BV (Lima) with its salvage vessel Odin to a grounded sailing yacht chartered out by Enjoy Sailing BV (Sailing). The charterer of the yacht reported the grounding by phone to the Royal Dutch Life Boat Association and asked for help. About the same time the Odin came alongside and offered assistance to the charterer. The yacht was then pulled afloat by the Odin, after which the charterer was shown a salvage form which stated that he accepted the services offered by the Odin. The charterer signed. Lima sent an invoice to Sailing in the amount of EUR 4,400 for the salvage, which amount was subsequently lowered to EUR 3,600, which was a reasonable salvage reward according to an expert hired by Lima. The Kantonrechter (Sub-district Judge), rejecting Sailing's defence that the salvage should be without charge or that the salvage contract was entered into on the basis of fraud, fixed the salvage reward at EUR 88. Lima appealed.
Held: The salvage reward is fixed at EUR 1,500 on the basis of the criteria mentioned in art 8:563 para 2 Dutch Civil Code (incorporating art 13.1 of the Salvage Convention 1989). Relevant is that at the time of the incident the yacht was a few months old and had an estimated value of EUR 65,000; that there was a brisk wind and a considerable swell, as a result of which the yacht moved up and down quickly with the risk of being damaged, while panic had broken out on board; that the salvage assistance started quickly and was carried out professionally and was completed in a short period of time (about half an hour and some follow-up); that the costs of the actual operation, which was without risk, amounted to EUR 88 based on the usual hourly rate and taking into account the fuel consumption; that the Odin is available 24 hours a day for salvage services, which is important for the safety of shipping; that a salvage reward is also intended to encourage salvage operations, and that Lima has invested EUR 93,000 in the Odin. If the refloating had demanded riskier endeavours and had involved more time and costs, a higher salvage reward would have been justified.
The fact that the experts involved by the parties came to other amounts carries no weight. Furthermore, Lima is not awarded any costs for its expert. His report contributed more to an escalation of the dispute than a resolution.