A vevessssel el whwhicich h is is excexclulusisivelvely y dedestistinened d to to ththee tr
trananspsporortattatioion n of of papassssengengerers s mumust st taktake e ththemem di
direrectctly ly to to ththe e porport t or or porports ts of of desdestintinatatioion, n, nono matter what the number of passengers may be, matter what the number of passengers may be, making all the stops indicated in her itinerary.
making all the stops indicated in her itinerary.
4.
4. RESPONSIBILITIES OF CAPTAINRESPONSIBILITIES OF CAPTAIN ARTICLE 701
ARTICLE 701
The convenience or the interest of the passengers The convenience or the interest of the passengers shall not obligate nor empower the
shall not obligate nor empower the captain to standcaptain to stand in shore or enter places which may take the vessel in shore or enter places which may take the vessel out of her course, nor to remain in the ports he out of her course, nor to remain in the ports he must or is under the necessity of touching for a must or is under the necessity of touching for a period longer than that required for the business of period longer than that required for the business of the navigation.
the navigation.
ARTICLE 702 ARTICLE 702 In the
In the absenabsence of ce of an agreemenan agreement to t to the contrarthe contrary, ity, it shall be understood that the maintenance of the shall be understood that the maintenance of the pas
passensengers durigers during ng the the voyvoyage age is is incincludluded ed in in thethe price of the passage; but should said maintenance price of the passage; but should said maintenance be for the account of the
be for the account of the latter, the captain shall belatter, the captain shall be un
undeder r ththe e obobliligagatition, on, in in cacase se of of necnecesessisityty, , toto fur
furnisnish h thethem m the the vicvictualtuals s at at a a reareasonsonablable e pripricece necessary for their maintenance.
necessary for their maintenance.
ARTICLE 703 ARTICLE 703
A passenger shall be looked upon as a shipper in so A passenger shall be looked upon as a shipper in so far as the goods he carries on board are concerned, far as the goods he carries on board are concerned, and the captain shall not be liable for what said and the captain shall not be liable for what said passe
passenger may nger may preserpreserve ve under his under his immedimmediate andiate and special custody unless the damage arises from an special custody unless the damage arises from an act of the captain or of the crew.
act of the captain or of the crew.
ARTICLE 705 ARTICLE 705 In case
In case of the of the deadeath th of a of a paspassensenger duriger during theng the voy
voyage age the the capcaptaitain n is is autauthorhorizeized, d, witwith h regregard toard to
th
the e bobodydy, , to to tatake ke ththe e ststepeps s rereququirired ed by by ththee circumstances, and shall carefully take care of the circumstances, and shall carefully take care of the papers and goods there may be
papers and goods there may be on board belongingon board belonging to the passenger, observing the provisions of Case to the passenger, observing the provisions of Case No. 10 of Article 612 with regard to members of No. 10 of Article 612 with regard to members of the crew.
the crew.
ARTICLE 612 ARTICLE 612 The followin
The following g obligaobligations are tions are inherinherent ent in the in the officofficee of captain:
of captain:
1.
1. To hTo havave on be on boaoard brd befeforore ste starartinting on g on a voa voyayagege a detailed inventory of the hull, engines, rigging, a detailed inventory of the hull, engines, rigging, tackle, stores, and other equipments of the vessel;
tackle, stores, and other equipments of the vessel;
the navigation certificate; the roll of the persons the navigation certificate; the roll of the persons wh
who o mamake ke up the up the crcrew ew of the of the vevesssselel, , anand d ththee con
contratracts entercts entered ed intinto o witwith h the the crcrew; ew; the list the list of of passengers; the health certificate; the certificate of passengers; the health certificate; the certificate of the registry proving the ownership of the vessel, the registry proving the ownership of the vessel, and all the obligations which encumber the same and all the obligations which encumber the same up
up to to ththat at dadate; te; ththe e chchararterters s or or auauthethentnticicateatedd cop
copies ies thethereofreof; ; the the invinvoicoices es or or manmanifeifest st of of thethe cargo, and the instrument of the expert visit or cargo, and the instrument of the expert visit or inspection, should it have been made at the port of inspection, should it have been made at the port of departure.
departure.
2.
2. To To hahave ve a ca copopy of y of thithis Cs Code ode on on boboarard.d.
3.
3. TTo o hahavve e ththrree foee folilioeoed d anand d sstatammpeped d bobookoks,s, placing at the beginning of each one a note of the placing at the beginning of each one a note of the number of folios it contains, signed by the maritime number of folios it contains, signed by the maritime of
offificicialal, , anand d in in hihis s ababsesencnce e by by ththe e cocompmpetetentent authority.
authority.
In the first book, which shall be called "log book,"
In the first book, which shall be called "log book,"
he
he shshalall l enenter ter eveevery ry daday y ththe e cocondndititioion n of of ththee at
atmomospspherhere, e, ththe e prprevevaiaililing ng wiwindnds, s, ththe e cocourursese sailed, the rigging carried, the horsepower of the sailed, the rigging carried, the horsepower of the engi
enginesnes, , the the disdistanctance e covcovereered, d, the the manmaneuveeuversrs exec
executeduted, , and and othother er incincideidents nts of of navnavigaigatiotion. n. HeHe shal
shall also enter l also enter the damage sufferethe damage suffered by d by the vesselthe vessel in her hull, engines, rigging, and tackle, no matter in her hull, engines, rigging, and tackle, no matter what is its
what is its causcause, as e, as well as the well as the imperimperfectionfections ands and av
avereragages es of of ththe e cacargrgo, o, anand d ththe e efeffefeccts ts anandd consequence of the jettison, should there be any;
consequence of the jettison, should there be any;
and in cases of grave resolutions which require the and in cases of grave resolutions which require the advice or a meeting of the officers of the vessel, or advice or a meeting of the officers of the vessel, or even of the passengers and crew, he shall record even of the passengers and crew, he shall record th
the e dedecicisision on adadopopteted. d. FoFor r ththe e ininfoformrmatatioionsns indicated he shall make use of the binnacle book, indicated he shall make use of the binnacle book, an
and d of of ththe e ststeaeam m or or enengigine ne bobook ok kekept pt by by ththee engineer.
engineer.
In the second book, called the "accounting book,"
In the second book, called the "accounting book,"
he shall enter all the amounts collected and paid he shall enter all the amounts collected and paid for the account of the vessel, entering specifically for the account of the vessel, entering specifically article by article, the sources of the collection, and article by article, the sources of the collection, and th
the e amamouountnts s ininveveststed ed in in prprovovisisioionsns, , rerepapairirs,s, acquisition of rigging or goods, fuel, outfits, wages, acquisition of rigging or goods, fuel, outfits, wages, and all other expenses. He shall furthermore enter and all other expenses. He shall furthermore enter th
therereiein n a a lilist st of of alall l ththe e memembmberers s of of ththe e crcrewew,, statin
stating g their domiciltheir domiciles, es, their wages their wages and salariesand salaries,, an
and d ththe e amamounounts ts ththey ey mamay y hahave ve rerececeivived ed onon ac
accocoununt, t, eieithether r didirerectctly ly or or by by deldeliviverery y to to ththeieirr families.
families.
In the third book, called "freight book," he shall In the third book, called "freight book," he shall record the entry and exit of all the goods, stating record the entry and exit of all the goods, stating their marks and packages, names of the shippers their marks and packages, names of the shippers an
and d of of ththe e coconsnsigigneneeses, , poportrts s of of loloadadining g anandd unl
unloadoadinging, , and and the the frefreighight t earearned. In ned. In the the samsamee bo
book ok he he shshalall l rerecocord rd ththe e nanamemes s anand d plplacaces es of of sa
saililining g of of ththe e papassssengengerers s anand d ththe e nunumbmber er of of
packages of which their baggage consists, and the packages of which their baggage consists, and the price of the passage.
price of the passage.
4.
4. To To makmake, be, beforefore re receieceivinving thg the fre freigheight, wt, with ith thethe of
offificecers rs of of ththe e crcrewew, , anand d ththe e twtwo o exexpepertrts, s, if if re
reququirired ed by by ththe e shshipipperpers s anand d papassssengengerers, s, anan exa
examinminatiation on of of the the vesvesselsel, , in in ordorder er to to ascascertertainain whether she is watertight, and whether the rigging whether she is watertight, and whether the rigging and engines are in good condition; and if she has and engines are in good condition; and if she has th
the e eqequiuipmpmenent t rereququirired ed fofor r gogood od nanavivigagatition,on, preserving a certificate of the memorandum of this preserving a certificate of the memorandum of this inspection, signed by all the persons who
inspection, signed by all the persons who may havemay have taken part therein, under their liability.
taken part therein, under their liability.
The experts shall be appointed one by the captain The experts shall be appointed one by the captain of the vessel and the other one by the persons who of the vessel and the other one by the persons who rreqequuesest t ththe e exexaammiinnaatitioonn, , aannd d iin n ccaasse e oof f dis
disagragreemeeement nt a a thithird rd shashall ll be be appappoinointed ted by by thethe marine authority of the port.
marine authority of the port.
5.
5. To rTo rememaiain con consnstatantlntly on boy on boarard the vd the vesessesel wil withth the crew during the time the freight is taken on the crew during the time the freight is taken on board and carefully watch the stowage thereof; not board and carefully watch the stowage thereof; not to
to coconsnsent ent to to anany y memercrchahandndisise e or or googoods ds of of aa da
dangngererouous s chchararacacter ter to to be be tatakeken n onon, , susuch ch asas inflammable or explosive substances, without the inflammable or explosive substances, without the pr
prececauautiotions ns whwhicich h arare e rerecocommmmenendeded d fofor r ththeieirr packi
packing, management and isolation; not to ng, management and isolation; not to permitpermit that any freight be carried on deck which by reason that any freight be carried on deck which by reason of
of its its disdispospositiition, on, volvolumeume, , or or weiweight ght makmakes es thethe wor
work k of of ththe e sasaililorors s didifffficiculult, t, anand d whwhicich h mimighghtt end
endanangeger r ththe e sasafefety ty of of ththe e vesvessesel; l; anand d ifif, , onon ac
accocoununt t of of ththe e nanatuture re of of ththe e memercrchahandndisise, e, ththee special character of the shipment, and principally special character of the shipment, and principally th
the e fafavorvorabable le seseasason on it it tatakekes s plplacace, e, he he alallolowsws merchandise to be carried on deck, he must hear merchandise to be carried on deck, he must hear the opinion of the officers of the vessel, and have the opinion of the officers of the vessel, and have the consent of the shippers and of the agent.
the consent of the shippers and of the agent.
6
6.. TTo o ddeemmaannd d a a ppiilloot t aat t tthhe e eexxppeennsse e oof f tthhee ves
vessesel l whwhenenevever er rereququirired ed by by nanavivigagatition, on, anandd pr
prinincicipapalllly y whwhen en a a poportrt, , cacananal, l, or or ririvever, r, or or aa roads
roadstead or tead or anchoanchoring place is to ring place is to be entered withbe entered with whi
which neithech neither r he, the he, the offofficeicers nor rs nor the crew the crew areare acquainted.
acquainted.
7.
7. To bTo be on de on dececk at tk at the the timime of e of sisighghtiting lng lanand and andd to take command on entering and leaving ports, to take command on entering and leaving ports, canal
canals, s, roadsroadsteads, and teads, and riverrivers, s, unlesunless there s there is ais a pilot on board discharging his duties. He shall not pilot on board discharging his duties. He shall not spend the night away from the vessel except for spend the night away from the vessel except for serio
serious us causcauses es or or by reason by reason of of officofficial businessial business..
cdtai cdtai 8.
8. TTo o prpresesenent t hihimsmselelf, whf, when maen makiking a ng a pporort t iinn distress, to the maritime authority if in Spain * and distress, to the maritime authority if in Spain * and to
to the Spanithe Spanish * sh * conconsul if sul if in a in a forforeign couneign countrytry,, before twenty-four hours have elapsed, and make before twenty-four hours have elapsed, and make a
a stastatemetement nt of of the name, registhe name, registrytry, , and port of and port of departure of the vessel, of its cargo, and reason of departure of the vessel, of its cargo, and reason of arr
arrivaival, l, whiwhich ch decldeclaraaratiotion n shashall ll be be visvised ed by by thethe authority or by the consul if after examining the authority or by the consul if after examining the sa
same me it it is is fofounund d to to be be acacceceptptabablele, , gigiviving ng ththee captain the proper certificate in order to show his captain the proper certificate in order to show his arri
arrival under val under stresstress s and the and the reasoreasons therefor. Inns therefor. In the absence of marine officials or of the consul, the the absence of marine officials or of the consul, the de
decclalarratatioion n mumusst t be be mmadade e bebefforore e ththe e llococalal authority.
authority.
9
9.. TTo o ttaakke e tthhe e sstteepps s nneecceessssaarry y bbeeffoorre e tthhee co
compmpetetenent t auauththororitity y in in orordeder r to to enenteter r in in ththee certificate of the Commercial Registry of the vessel certificate of the Commercial Registry of the vessel th
the e oboblligigaatitionons s whwhiicch h hhe e mmay ay cconontrtracact t iinn accordance with Article 583.
accordance with Article 583.
10.
10. To puTo put in a saft in a safe place place and kee and keep all tep all the paphe papersers and belongings of any members of the crew who and belongings of any members of the crew who mig
might ht die on die on the vessethe vessel, l, dradrawinwing g up up a a detadetaileiledd in
inveventntorory, y, in in ththe e prpresesenence ce of of papassssenengegers rs asas
inveventntorory, y, in in ththe e prpresesenence ce of of papassssenengegers rs asas