Author: Kasia

Artificial intelligence (AI) is probably the most popular expression in recent years. However, it’s not just a chatbot that will help you text or generate funny, slightly odd graphics. AI is first and foremost an opportunity, but also a threat. Below, I will try to give an overview of what AI can bring to the yachting industry.

However, it is important to bear in mind that the issue of artificial intelligence in yachting, or the maritime industry more broadly, is so vast that it is only the tip of the iceberg.

For the time being, there is no broader regulation of the most autonomous units. However, we will look at this issue in future articles.

Yacht design – smart tools from the first dash

The process of designing a yacht is complex and requires many factors to be taken into account – from hull shape to aerodynamics to interior layout and materials. This is where artificial intelligence can speed up and simplify the whole process. AI-based tools can automatically generate preliminary designs and test hundreds of variants in a short period of time.

AI algorithms analyze data from previous projects, learning from mistakes to avoid problems in the early stages of the work. This gives designers more control over every detail and can make the design process faster and more precise. AI can also tailor designs to individual customer preferences, creating more personalized units.

Building a yacht – automating and optimizing processes

In the construction phase of a yacht, artificial intelligence can also significantly improve the entire process. AI-based systems can automate many tasks, such as material cutting or assembly, allowing for greater precision and faster project times. AI can also monitor the quality of work in real time and suggest corrections if something does not go according to plan.

With its resource management algorithms, AI can help optimize construction costs by selecting the most efficient materials and technologies, saving money for both the shipyard and future yacht owners.

Yacht operation – intelligent systems on board

The biggest changes thanks to artificial intelligence will be seen in the everyday operation of yachts. Autonomous navigation systems are already being developed, which in future will probably allow yachts to navigate the waters autonomously. AI can monitor weather conditions, the movement of other vessels and adjust the route, greatly increasing safety at sea.

The AI can also monitor the technical condition of the yacht in real time by analyzing data from various sensors. This allows owners and operators to prevent breakdowns before they occur. The systems can also plan yacht maintenance, based on the actual wear and tear of individual components, which will minimalise unexpected downtime.

Yacht fleet management – greater efficiency through AI

Artificial intelligence will also play a key role in yacht fleet management. For charter companies and fleet operators, AI can monitor the technical condition of each vessel, track service schedules and automatically plan the most efficient routes. This will minimalise downtime and ensure fleets are better utilized.

AI will also allow dynamic fleet management, adjusting yacht availability and charter prices according to season, location or demand. Such solutions will help companies optimize profits and be more responsive to customer needs, increasing competitiveness in the market.

The charter market – personalization and automation

In the charter market, artificial intelligence will revolutionize the yacht booking process. AI will be able to analyze customer preferences and suggest the most suitable vessels, itineraries and additional services. This will make each booking more customized.

Dynamic management of vessel availability will allow for more flexible price offers and personalization of services will become standard. Charter operators will be able to better monitor the use of yachts, which will minimalise the risk of breakdowns and improve the comfort and safety of cruises.

Yacht handling in and out of port

Artificial intelligence will also find applications in harbour operations. Automatic docking systems equipped with AI will allow precise manoeuvring in tight marinas, minimising the risk of collisions. This will enable yachts to dock autonomously, saving time and increasing safety in crowded harbours.

AI systems will also monitor the condition of the vessel while at berth, helping harbour operators and yacht owners to better manage service and maintenance. Automated systems will be able to predict when individual components need repair or replacement, which will extend the life of the vessel.

The future – autonomous yachts and sustainability

In the future, artificial intelligence could lead to fully autonomous yachts that can sail without a crew. Such vessels will be ideal for those seeking maximum comfort and safety, as well as for charter companies that want to offer new services to their clients. Perhaps this will make human service and the presence of a captain on board an even greater luxury.

However, it is important to bear in mind that vessels with the highest level of autonomy (the most autonomous), will also create new legal problems, but about that next time.

Summary

Artificial intelligence will transform the yachting industry at every stage – from design and construction, to operations, to fleet management and the charter market. With AI, yachts will become more advanced, safer and greener, and operators will be able to better manage fleets and optimize their operations. All this will translate into a more comfortable yacht experience and a better experience for customers. But is it the only thing?

However, as I have already indicated, this is just the tip of the iceberg. Especially from a legal angle. Changes to the decision-making structure will shift the burden of responsibility from water to land. How? More about that, coming soon.

A general average is a situation where extraordinary measures are taken during a sea voyage to save the ship and cargo from a hazard (e.g. storm). The costs of these actions, e.g. throwing part of the cargo overboard, are then shared between all parties involved in the voyage – the shipowner and the cargo owners.

General average in Polish maritime law

In Polish maritime law, the rules on general average are governed by the Maritime Code of 2001.  A general average occurs when deliberate and reasonable actions are taken to save the ship, cargo and freight from a common danger. These actions must be:

• deliberate,
• voluntary,
• directed at protecting the common interests of all parties involved in the sea voyage.

Example No. 1: A ship carrying cargo runs into rocks and begins to take on water. The captain decides to hire a tugboat to tow the vessel to the nearest port. The cost of the towing is treated as a general average and shared between all owners of the goods and the shipowner.

Example No. 2: During a storm, the captain decides to throw some of the heavy cargo overboard to prevent the ship from sinking. As a result, the ship and the rest of the cargo are saved. The costs resulting from the loss of the cargo are shared between the shipowner, the cargo owners and the carrier.

General average in international law

General average is regulated not only by national rules, but also by international rules. The York-Antwerp Rules are applied worldwide and set out detailed guidelines on the costs and losses that cen be considered a general average and how they should be allocated between the parties involved.

Expamplce No. 3: When a transport vessel sailing between two countries decides to change course due to the threat of piracy, the additional costs, such as longer travel time or increased fuel consumption, cna be accounted for as a general average under the York-Antwerp Rule.

Determining and accounting for a general average

Determining whether a situation qualifies as a general average and the allocation of costs arising from salvage operation is a process that involves specialists, known as marine loss adjuster.

They analyse documents related to the incident, such as captain’s reports, navigational data and other evidence, to determine exactly what losses and costs occurred and how they should be shared.

Example No.4: At the end of the voyage, the marine loss adjuster prepares a report determining that 500,000 PLN worth of cargo was thrown overboard to save the vessel. The liquidator determines that the cost of this action will be shared proportionally between the shipowner and the owners of the (remaining) cargo.

General average is crucial to the operation of shipping as it ensures that costs are shared fairly in situations where emergency salvage operations are undertaken. It ensures that the costs of such actions do not fall solely on one party, which could lead to conflicts and destabilisation in the industry.

Example No. 5: During an international trade voyage, a ship becomes stranded. To free it, part of the cargo is transferred to another ship. The costs of this operation are shared between all cargo onwers, as the action was intended to save entire ship and the rest of the goods carried.

Marine loss adjuster’s report

The marine loss adjuster prepares a report of his work. The report specifies, among other things, how the costs associated with the general average should be divided and is the basis for settlements between parties. It ensures transparency and fairness in the allocation of costs. At later stages, the report can be examined by the courts and, in particular, by the maritime chambers.

Summary

General average is a key institution in maritime law that ensures that the costs of salvage operations are shared fairly between all parties involved in a maritime voyage. Through this mechanism, the risks associated with making difficult decisions in maritime emergencies are shared proportionally. This in turn contributes to greater stability and safety in maritime transport, protecting the interests of all participants.

We have already covered the topic of alcohol on a yacht (click here). And although the holiday season is over for most, the sailing season continues unabated. Therefore, it is worth recalling the most important things.

Alcohol on a yacht – important rules

One thing to note at the outset: it is illegal to steer a yacht after drinking alcohol or under the influence of other drugs.

The legal consequences depend on the level of alcohol in your system:

• State of drunkenness – when you have between 0.2‰ and 0.5‰ of alcohol in your blood (or between 0.1 mg and 0.25 mg of alcohol in 1 dm3 of exhaled air).
• State of intoxication – when you have more than 0.5‰ of alcohol in your blood (more than 0.25 mg in exhaled air).

If you steer a motor vehicle on the water (e.g. a yacht with an engine) while under the influence of alcohol, you can get a custodial sentence or a fine of between 2500 PLN and 3000 PLN. If you steer while intoxicated, you are liable as for criminal offence, just like a car driver. The court will then certainly impose a driving ban of at least three years.

If you are steering a vessel that is not a motor vehicle (for example, a canoe or rowing boat), the penalties are a little more lenient. You can get a custodial sentence or a fine between 1000 PLN and 5000 PLN for steering while intoxicated. If you are in a state of intoxication, the penalty is between 2500 PLN and 3000 PLN. The court may also decide to ban you from steering for between 6 months and 3 years, but this is not mandatory.

Se depending on your state of intoxication and the vessel toy are steering, the legal consequences will be different, as illustrated in the graphic below:

Forfeiture of a yacht

Previously, vehicle forfeiture only applied to land traffic (i.e. cars, for example). However, it has now been proposed that it should also cover other vehicles, including yachts and motorboats. The draft amendments are already at the Ministry of Justice. Experts view the changes positively, as they believe that a drunken helmsman on the water should not be treated more leniently than a drunk driver on the road.

However, impoundment is not to be mandatory – it will be up to the court to decide whether the vessel should be taken away. There are also no set alcohol levels above which confiscation would be automatic.

We will keep an eye on how these regulations evolve and keep you updated!

 

Compiled by:

trainee advocate Michał Wieczorek

There is not much time left until 25 September. It is on this date that the Act on the Protection of Whistleblowers will take effect. This regulation aims to increase transparency and accountability in private and public companies.

We reported on the details of the new legislation in our July article (read here). We now take a look at the system of internal reporting regulations and the benefits for companies of implementing them.

Introduction and purpose of the rules

A whistleblower is a person who reports violations of the law that have occurred in connection with his or her work.

The new regulations are intended to provide protection for any whistleblower. The whistleblowing regulations are a key document that aims to create a secure and confidential channel for employees to report violations of the law. It is mandatory for entities with at least 50 employees, but smaller companies can also implement it, which is highly recommended.

Process for drawing up the regulations

The bylaws should be drafted after consultation with the company’s trade union or employee representatives and their provisions become effective 7 days after they are made public.

The document should clearly specify, among other things:

• who is responsible for receiving notifications,
• what forms the report take (written, oral, telephone, etc.),
• whether anonymous reports are accepted,
• who follows up on the report, including internal verification of the report,
• what is the post-notification procedure.

Implementation of the rules

The rules and regulations should be clear and understandable to all employees and colleagues. Regular training and information on the procedures will also certainly be very important for the effective functioning of the notification system. In turn, monitoring and updating the bylaws will ensure that they are in line with current legislation and effective in practice.

Benefits of implementing internal notification procedures

Implementing internal reporting procedures offers numerous benefits to businesses, both legally and in terms of image. First and foremost, creating a secure channel for reporting legal violations allows for early detection and resolution of potential problems before they escalate into major legal or employer reputation crises.

Additionally, businesses that implement such procedures gain a tool for effective risk management, which can reduce financial and operational losses related to irregularities.

From an image perspective, companies that actively promote transparency and accountability build trust among employees, customers and business partners alike. A company that is committed to ethical standards is seen as more credible and trustworthy. This, in turn, can attract better employees, business partners and customers who value integrity and transparency in their operations.

Summary

There is little time left to implement internal whistleblowing regulations, but it is worth carrying out the process thoughtfully, diligently and thoroughly. It is crucial to ensure the confidentiality and protection of whistleblowers’ personal data and to precisely define roles within our organization.

The creation of rules and regulations should include consultation with either trade unions or employee representatives and provide effective communication channels and legal support.

The implementation of the bylaws must be carefully planned, adapted to the specifics of the organization and, above all, in compliance with the applicable legislation.

We recently wrote about insurance in yachting (click here). Today we’re back with the topic and we’re taking on Accident Insurance (hereafter: AI).

Yachting carries risks associated with being on the water. Accident insurance in the context of yachting is extremely important. It provides financial protection in case of accidents that may occur while sailing.

So what is accident insurance and why is it important for sailors? What risks does it cover and what to look out for when choosing a policy?

What is accident insurance?

Accident insurance is a policy that provides compensation in the event of personal injury, permanent disability or death as a result of an accident. The policy can cover both accidents in private life and during specific activities, such as sailing.

Why is accident insurance important for sailors?

Sailing, while providing a lot of excitement and pleasure, also involves various risks that can lead to accidents. That is why accident insurance is also important in yachting. Just a few of the reasons are worth mentioning:

• crew and passenger protection – insurance can cover not only the captain but also the crew and passengers, which is particularly important when cruising with family or friends,
• financial security – in the event of an accident, the insurance provides financial support to cover medical, rehabilitation and other expenses,
• peace of mind – accident insurance provides peace of mind because, in the event of an accident, you will not have to worry about the costs associated with treatment or rehabilitation.

The scope of cover of accident insurance for sailors

Accident insurance for sailors can cover a variety of situations, often resulting in accidents. Typical coverage includes:

• bodily injury – compensation for permanent injury such as fracture, sprain, head injury, burn,
• treatment and rehabilitation costs – reimbursement of costs related to hospital treatment, medical procedures, rehabilitation and purchase of medical equipment,
• death of the insured – financial benefit to the family or persons nominated by the insured in the event of death due to an accident,
• permanent disability – payment of a single indemnity or pension in the event of permanent disability caused by a boating accident,
• additional benefits – depending on the policy, the insurance may also cover the cost of medical transport, assistance in adapting the apartment to the need of the disabled person and other forms of support.

What to look for when choosing an accident insurance policy for sailors?

When choosing an accident insurance policy, pay attention to:

• the scope of cover – make sure the policy covers all the risks associated with sailing, both during sea and inland voyages,
• the price of the policy – compare quotes from different insurers, but remember that the cheapest policy does not always provide the best cover. It is important that the policy is tailored to your needs and sailing style,
• exclusions and limitations – look at the situations where the insurer, may refuse to pay claims, such as accidents under the influence of alcohol, drugs or involvement in illegal activities,
• sum insured – which determines the maximum amount the insurer will pay out in the event of an accident, this sum determines the maximum amount the insurer will pay out int the event of an accident, this sum should be adequate for potential medical and rehabilitation costs,
• additional options – check whether the policy offers additional options such as boating equipment, insurance, medical assistance or cover for medical treatment abroad.

Summary

Accident insurance in the context of yachting is a key element of financial protection for sailors. It provides support in the event of an accident, covering medical, rehabilitation and other expenses related to the accident. When choosing the right policy, it is worth looking at the scope of cover, the sum insured and the exclusions and limitations. Having an accident insurance policy, combined with proper education and adherence to safety rules on the water, gives boaters a sense of security and reassurance that they will not be left alone with financial problems in the event of an accident.

What is risk?

Risk management in projects is a key element that can determine the success or failure of a project. Risks in projects are any uncertain events or conditions that can have a positive or negative impact on project objectives. Effective risk management allows for:

• identifying,
• assessment,
• and control of these uncertainties,

Which in turn helps to achieve the objectives.

What is risk management?

Risk management is the process of:

• identifying all possible risks that could affect the project. It is important to consider both internal and external risks,
• analyzing them in terms of their probability and potential impact on the project. The analysis identifies which risks are most important and require special attention,
• responding to project risks (developing a strategy). We can avoid risk, reduce its impact, transfer the risk to another entity (e.g. through insurance) or accept the risk and prepare an action plan in case it occurs,
• monitoring and control, because risk management is an ongoing process that requires regular oversight of risks. As the project progresses, new risks may emerge, which also need to be identified and analyzed.

The aim of risk management is therefore first and foremost to minimize negative impacts and maximize the benefits of emerging opportunities.

What is risk register?

The risk register is a tool for recording risks during the development, construction and operation phases of a project, which should:

• identify individual risks,
• identify the source and category of risks,
• identify the owner of the risk,
• describe in detail the risks and their possible consequences,
• report the results of the qualitative and quantitative analysis,
• indicate the planned countermeasures.

The risk register should be regularly updated with new risks. And risks that no longer materialize should be removed from it. The register should also include an up-to-date assessment of the severity and probability of events, as well as an estimate of their time and cost impact.

Why is risk management important?

Risk management allows you to:

• increase the chances of project success – identifying and controlling risks helps avoid problems that could disrupt the project,
• save time and money – early detection of potential problems enables rapid response and minimization of costs,
• improve communication – regular reporting of risks and mitigation actions improves communication within the project team and with stakeholders.

Examples of project risks

The most common risks in projects are:

• financial risks – budget overruns, payment delays, currency exchange rate changes,
• organizational risks – lack of human resources, communication problems, changes in the company’s management,
• external risks – changes in legal regulations, natural disasters, actions of competitors.

Summary

Risk management is an integral part of effective project management. It allows you to anticipate potential problems and react quickly to changes, which in turn increases the chances of successful project completion.
Remember that risk management is an ongoing process that requires a systematic approach and the involvement of the entire project team 😊

In the booming yachting industry, intellectual property protection is becoming increasingly important. Competition is demanding and often exploits routes blazed by other market participants. Why and how should intellectual property be protected?

Benefits of intellectual property protection

1. Brand protection

Registering trademarks protects a company against unauthorised use of marks by competitors. This makes the company recognisable, builds customer loyalty and gains the trust of business partners. Brand protection means that customres will be assured that products come frome a proven and trustworthy manufacturer that cares about every aspect of its business.

2. Combating counterfeiting

In the yachting industry, quality is key. Registration rights allow you to effectively combat fakes. This provides customers with authentic, high-quality products and innovative manufacturers with a deserved income. It is also worth noting that effectively fighting counterfeits not only protects a company’s reputation, but also significantly facilitates complex court procedures when legal disputes arise.

3. Increasing goodwill

A registered trademark is tangible value that can be used as an asset on a company’s balance sheet. It is also an important asset when negotiating with investors, who often look at the level of IP protection before deciding to commit capital. Besides, if a company is sold, registered trademarks can signigicantly increase its market value.

4. Protection of innovation and design

Registering industrial designs protects the uniqe design and appearance of your products. This keeps your innovations safe and can give your company a competitive advantage. Design protection is particularly important in industries where people “buy with their eyes” and the aesthetic and functionality of design play an equal role.

5. Earings

Selling rights to registered marks or designs allows you to profit from innovation by licensing your intellectual property to other companies. This can be additional source of income that increases profitability of your business. Licensing your intellectual property can also lead to strategic business partnerships.

6. Monitoring of design and trademark registers

Allows you to react quickly if competitors attempt to copy your brand of products. Regular monitoring of registers enables you to act quickly and prevent infringement, which in turn minimises the risk of financial and reputational damage

What can be protected in yachting?

The number of objects of protection under intellectual property law is basically limited only by the imagination of the creators. However, the most typical and at the same time the most frequently registered manifestations of entrepreneurs’ creativity can be distinguished:

• the company name and logo, i.e. the basic elements of brand identification,
• the name of the yacht model, which protect the uniqueness of the offer,
• the advertising slogan and slogan, which build recognition,
• the shape and design of the yachts, which protect the unique design,
• colours and paint scheme as distinctive elements,
• specific technology, where technical innovations are protected,
• the name of the service package and loyalty programme as unique offers,
• the individual name of the yacht, which highlights its uniqueness,
• a unique piece of equipment to protect unique features,
• team/sports club logos that build identity,
• accessories and sportswear as additional brand products.

How to check whether a company should protect its intellectual property?

The number of expressions of creativity that are protectable as intellectual property is unlimited. Just as human ingenuity is unlimited. However, intellectual property and the rights arising from it are protected by specific legislation. That is why professional support in the examination of needs – from formulation of the documentation to the conclusion of the official procedure – makes it possible to obtain adequate protection and provide a sense of security. Effective care of intangible aspects of business, including industrial property, requires knowledge of the regulations, the industry and the specifics of the company’s business and other market players. Therefore, it is always advisable to take advantage of an audit and examine the needs of the company. Perhaps small changes, under the guidance of a professional, will bring significant benefits.

Summary

Protecting intellectual property in the yachting industry is not only a necessity, but also a key, although often overlooked, element of business strategy that brings numerous benefits. It is worth remembering that a business can function perfectly well without protecting its intellectual property, but when problems arise it may be too late to respond effectively. Then all that is left is costly loss minimisation. Therefore, on the one hand, intellectual property should be treated as an insurance policy just in case, and on the other hand, being aware of its tangible value, it should be taken care of from the very beginning.

World Shipping Council (WSC) has just announced new regulations in the International Convention Convention for the Safety of Life at Sea (SOLAS) for the reporting of containers lost at sea.

The new regulations will come into force on 1 January 2026.

What will change

The new legislation introduces an obligation for ship masters to report lost containers. This is an important step towards improving shipping safety and protecting the marine environment.

What will the master do

• masters will immediately inform nearby ships, the nearest coastal state and the flag state of lost containers,
• the flag state will relay the information from the master of the International Maritime Organisation (IMO) via a special information system,
• masters who see drifting containers will have to report this to nearby ships and the nearest coastal state.

What will the reporting look like

• reports will be made quickly and updated as new information becomes available, 
• and will have to include the position of the lost containers, their number and whether there were dangerous goods in them.

The master will be able to provide additional information in the report, such as cargo or sea conditions.

The importance of the new regulations

Since 2008, the WSC has been collecting data on the number of containers lost at sea from its members. The “Containers Lost at Sea” report is regularly submitted to the IMO and is an important source of information on container safety.

The changes in the law are the result of an analysis of the data provided. They are certainly aimed at improving shipping safety and protecting the environment through the accurate reporting of lost containers. Immediate response and prompt action in undoubtedly a good step to minimise potential risks to the marine environment.

Summary

The new SOLAS regulations, which will come into force in 2026, make it mandatory to report all lost containers. This will make shipping safer and the marine environment better protected. WSC supports these changes and works with various stakeholders to ensure the safe transport of goods across the ocean.

 

Compiled by:

trainee advocate Michał Wieczorek

Fishing at sea is strictly regulated by law. The formalities we need to fulfill depend on whether we intend to fish recreationally or commercially. Today, we will focus solely on commercial fishing.

The Baltic Sea is one of the most important fishing areas in Europe. Around 304,000 tons of fish are caught here annually, with over 90% consisting of herring, sprat and flatfish such as flounder. Nearly 6,000 registered fishing vessels operate in the region, which demonstrates the scale and significance of this sector.

When can commercial fishing be conducted

To conduct commercial fishing legally, it is essential to have the proper documents:

• a fishing license,
• a special fishing permit.

A fishing license is mandatory for all fishing vessels conducting commercial fishing in maritime waters. Without a license, legal fishing is simply not possible.

A special fishing permit is required when fishing for specific species or in areas where catch limits are set. This permit specifies the fishing conditions and includes:

• catch quotas,
• number of fishing days,
• permitted fishing areas.

Who does not need these documents

Individuals fishing recreationally, for personal use, generally do not need a fishing license or a special fishing permit. However, it is always worth checking local regulations, as there may be additional requirements regarding equipment or fishing methods.

How to obtain a fishing license

To obtain a license, an application must be submitted with information about the vessel and the fishing equipment. The application for a fishing license should include:

• details of the vessel (e.g. length, width, draft),
• information about the vessel’s owner (name, address of residence or headquarters),
• type and number of fishing tools that will be used,
• the vessel’s fishing designation,
• previous designations of the vessel if they have been assigned,
• the IMO number, if assigned.

How to obtain a special fishing permit

The application for a special fishing permit must be submitted to the Chief Inspectorate of Marine Fishers by October 31st of the year preceding the year for which it is to be issued. The application should include, among other things:

• vessel and owner data,
• fish species to be caught,
• requested catch quota or number of fishing days,
• area of fishing,
• type and number of fishing tools.

Consequences of not having permits

Penalties arise from non-compliance with regulations specified in fishing laws, such as the Marine Fishers Act. These regulations aim to protect fish resources and ensure sustainable fishing practices. The lack of required fishing license can result in a fine of up to 5,000 PLN, and the absence of a special fishing permit mat incur an additional fine of up to 3,000 PLN. Moreover, repeat violations can lead to fines up to 11 or 15 rimes the value of the caught fish.

The Chief Inspectorate of Marine Fishers and regional marine fisheries inspectorates conduct inspections to ensure that all vessels have the necessary licenses and permits.

Reflections

Having the appropriate documents not only protects against fines but also supports the sustainable development of fisheries. Legal fishing practices help protect marine resources and ensure their availability for future generations. Compliance with regulations contributes to the health of the marine ecosystem and the economic stability of the region.