在船舶运营中最熟悉的应该是海事声明，所谓海事声明的定义是船舶在航行或停泊时遭遇自然灾害或意外事故，估计可能发生船货损害或损害难以避免，但实际情况又不详时，由船长代表承运人向有关方提出要求免责或保留索赔权利的一种书面声明。
在使用海事声明应特别注意的细节：在航行过程中，如果您的船只是或经历过恶劣天气或任何性质的特殊事件，您担心您的船舶和/或货物造成损坏或损失，您必须准备一份抗议声明，并在到达和/或在24小时后（不包括节假日、周六和星期日）在公证人公证。应由船长把海事声明递交给当地的海事管理机构，在国外则提交本国驻当地领事馆或其他有关机构签证，有时也可交公证机关签证。海事声明一般要附加遭遇不可抗力期间的航海日志摘要。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。
船上在提交这种声明时还需要做足相关的功课，“抗议的声明”应该在你认为它最重要和必要的时候去做，而不是为了这样做。例如，如果有可能产生来自另一方的索赔；如果您怀疑仅对船舶造成了损坏（即通过恶劣天气、接触底部、撞锁等）。没有必要发出“抗议说明”，同样可以在“事实记录”上陈述；当写这样的“抗议的声明”时，请记住，你必须坚持事实，并且只保持它尽可能的简短和清楚。如有需要，可以在以后延长。也不要表达任何意见。这种意见陈述可能而且确实会在以后导致不必要的复杂和/或混淆。
另外还需要特别注意的，如果“抗议声明”（或“海上抗议声明”）已由公证人公证，则不得忽视在方便的时间将副本留底或邮寄公司存档。还一定要在你的船的航海日志中做出所有适当的记录，严格地说，抗议声明不是合法的文件，但包含事件叙述或事实陈述的文件通常发生的一些不法行为的现状或后果与船长或船员的努力相反。例如，在货物操作过程中，一些超出船长控制的东西消失了或错了，船长无法做对，就像从岸上的装载或卸货作业、忽视货物搬运、违反安全工作习惯等。上述行为或发生应该是如此重要，船长感觉到自己应尽的义务并将这些应注意的事项告诉各方，以便立即采取行动或供将来参考，但它仍然没有任何法律文件效力来保护船长的立场。
此外，由于海事声明的格式不具有法律和合同的约束力，所以世界各地的公证人使用各种类型/表格作为“抗议声明”，很难承认/提供任何标准表格，船长可以根据当时的情况按照合适的格式编写海事声明，最常见的表格如下。
1. Note of Marine or Sea Protest
Note of sea protest
Xxx shipping company
Date ____
Port _____
To: 1) port authority ,or
2 ) diplomatic representative ,or
3)notary public
Dear sirs ,
Name of ship : kind of cargo
GRT : Tons of cargo :
NRT : port of registry
My vessel sailed from port of ___on ____20xx,
bound for the port of ___and arrived at
the port of ___on ____20xx.
As fearing loss or damages to the vessel and
cargoes owing to _______during the voyage ,
I hereby note my protest against all losses,
damages,etc and reserving my right to claim
against parties concerned and extend same
at time and place convenient .(whenever necessary)
I hereby affirm that report mentioned above is
correct and true,
Yours truly,
_________
Master’s sign
(ship’s stamp chopped here)
Witness on board:
NOTE OF PROTEST (US)
On this day ____ of ____ in the year Two Thousand
Two Hundred and personally appeared and presented
himself before me____ Consul/Notary Public____
,____ Master of the____ called the____ of____
Officia1 Number and____ Tons Register,
which sailed from____ on or about the____ day
of with a cargo____ of bound for____
and arrived at____ on the ____day of
and fearing loss of damage____ owing to____ he
hereby notes his protest against
all losses, damages & etc., reserving right to
extend the same at time and place convenient.
Signed before me____(signed)
Consul Master
Notary Pub1ic at ____ (signed)
this ____day of____ Two Thousand…..
I certify the foregoing to be a true
and correct copy of the origina1 Note of Protest,
entered in the Acts of this Consulate and copied therefrom.
Consul Date
N O T E O F P R O T E S T (UK)
Be it hereby made known:
That on this the 15th day of February in the year of Our Lord,Two Thousand and twenty and personally appeared and presented himself in the officeof Attorneys and Notaries before me, John Mills ,
New York and arrived at this Port on 15th day of February 2004 now lying within the harbour. And the said Appearer did hereby declare to note his protest against all perils, dangers, casualties and occurrences of all nature or kind whatsoever and all loss or damage thereby occasioned,
reserving to himself the right to extend the protest in times and places convenient, and causing this minute of all singular the premises to be entered in this register.
(Signed)
Agents____. Master____.
Notary Public____
N O T E O F P R O T E S T (general)
Notary Office:
Genoa, Italy
I , Master of the M/V under the flag of the
Republic of Croatia, owned by , Croatia, Gross Tonnage , Net.
Tonnage , sailed from Rijeka, Croatia on , to Genoa, Italy, via Venice,
Italy with a full load of bulk wheat of Tonnes.
During the voyage the vessel met with stormy weather and heavy seas, the
ship suffered rolling and pitching, heavily shipping water fore and aft and spraying
overall.
All precautions were taken to save the cargo and the ship but nevertheless,
fearing damage to the cargo during the bad weather, I state the present sea protest,
reserving the right to extend the same at the time and place convenient.
Master____.
Witnesses:
1.____ , Second Mate
2.____ , Chief Engineer,
3.____
The Notary Office
NOTE OF PROTEST
I, ________ (name) Master Mariner and Commander of the M/V ___AAAA___ (nationality of
vessel), of gross and _ net registered tons, under _ flag, registered at _ by Official
Number now laying at (anchor/berth No___ ) in the port of _ where she arrived on this day
of_ in the year 19 __, solemnly declare that, On the (date) the said vessel, being tight,
staunch and substantially and sufficiently manned and furnished with everything necessary for
such a vessel and intended voyage, in every respect seaworthy, her engine and machinery in
good order, her loaded cargo properly stowed, sailed from the port of _ laden with a cargo of
_ (tons) of _ (name of cargo) in bulk, for delivery at this port (or at port of _______) unto
Messrs _ (Cargo Receivers), and that, During the prosecution of the said voyage and on the
date (here describe the accident, machinery breakdown, or heavy weather). (example of
heavy weather:) "on the dates of the vessel encountered heavy weather with winds of
force_ and heavy seas which caused her to roll, pitch, labor and strain heavily, and waves
breaking on the decks, in consideration of which fearing loss or damage to the vessel and her
cargo, even though the ship's course and speed were altered to ease her according to good
seamanship under the circumstances".
Whereof, I, the undersigned, hereby note my protest against all losses, damages, etc.,
reserving the right to extend the same at time and place convenient,
At the port of ____ On the ____
_____________________________
The Master of M/V AAAA
Captain
抗议信是一个人对行为表示个人反对或反对的正式声明。它可以是由公证人在票据或票据持有人的要求下作出的书面声明，以描述该票据或票据，并声明该票据在某一天被提交给和（例如）。被拒绝了，付款。在航运过程中，普遍使用抗议声明来记录船舶和岸上数字之间的差异、疑似存在含水量、货物损坏或损失等。船长还抗议船舶的租船人或货物的收货人未按照合同规定或在合理或规定的延误时间内装卸船舶；另一方面，商人可以对船长的不当行为、醉酒等未按时派遣出海、未按惯例形式签署提单以及其他违规行为提出抗议（即抗议信/声明）。
我们应该在什么时候写抗议信和发出抗议信的理由，通常在一下情况：
常用样本如下：
Re: Damage ..........ship and cargo during discharge
Dear Sirs,
I regret to inform you that owing to incompetent handling of the winch, by your winchman while discharging the cargo of cement in Hold No.2 at11.00 hours today, the crane block crushed part my of deck superstructure and damaged the forward port rail in way Hold No. 2 for a length about four metres.
At the same time many bags of cement were torn, the contents thereof being spilled into thehold.
In view of the above I have to hold your firm responsible for the damage caused and ask you
for urgent repairs of the said damages.
Yours faithfully,
XY, Master of MV
"SUN"
LETTER of the Receivers (Forwarders) to the Ship Agent concerning loss
of and damage to cargo:
Re: bags .........., B/L ..........
Ex MV …………. from …………, dated ………. .
On taking delivery of the above mentioned cargo the following
remarks were made: “112 bags torn, stained, slack, part of contents
missing”.
For this shipment we possess a clean receipt on behalf of our
principal and must hold you responsible for this damage and shortage.
While awaiting your comments we remain,
Yours truly, ........... (International Forwarders)
THE VESSEL/MASTER /OWNER SHALL NEVER BE RESPONSIBLE FOR ANY POSSIBLE SHORTAGE OF THEBUNKER QUANTITY, AND ALL THE RIGHTS RESERVED.
ERROR AND OMISSIONS EXCEPTED, WITHOUT PREJUDICE.
ACKNOWLEDGEMENT OF RECEIPT MASTER OF MV AAA
SIGNATURE: SIGNATURE:
NAME: NAME:TOM
RANK:
---------------------------------------------------------------------------------------------------------------
Loading the cargo in bad condition (damaged prior loading):
Port of_______________
Date:07/10/22
To: (Name of Company, responsible for Loading)
LETTER OF PROTEST
I, Captain (NAME), the Master of m.v. “ABILITY”, loading cargo of BULLSHIT at the port of PORTNAME on DATA acting on behalf of the Owners OWNERSNAME and the Charterers IFANY, hereby notify you of the following damages to above cargo found prior to the time of shipment:
- The cargo arrived/was stored on the quay and is/was:
Exposed to rain,
Found wet, thawed,
Other_________________
The quantity of cargo affected _______________or cannot be determined.
- The packaging of the cartons was damaged, visually ripped, torn, stained, chaffed,
other_______________
The quantity of cargo affected __________________or cannot be determined.
- The temperature of the cargo was declared to be ________, but was found to be___________.
- Other types of damages__________________________
We reject all liability for the damage/s referred herein and hold you fully responsible for all consequences which may arise from our loading the cargo in a damaged condition.
Furthermore, all remarks as to the condition of cargo will be inserted in the Mate’s Receiptand Bills of Lading.
Yours faithfully
SIGNATURE & STAMP
Received by:
Copy: the Charterers
the Owners
常用样本如下：
Cargo, damaged at the time of discharge or after discharge from vessel:
Port of_______________
Date: 07/10/22
To: (Name of Company, responsible for discharging)
LETTER OF PROTEST
I, Captain (NAME), the Master of m.v. “ABC”, discharging cargo of BULLSHIT at the
port of PORTNAME on DATA acting on behalf of the Owners OWNERSNAME and the
Charterers IFANY, hereby notify you of the following damages to above cargo found at the
time of discharge or after discharge from abovementioned vessel:
- The following damages were caused by the stewedores acting on your behalf:
_______________________________________________________(description of damages)
The quantity of cargo affected _______________or cannot be determined.
- The following cargo was pilferred_______________
The quantity of cargo affected __________________or cannot be determined.
- The cargo was stored ashore, but exposed to ___________.
- Other types of damages__________________________
We reject all liability for the damage/s referred herein and hold you fully responsible for all
consequences which may arise.
Yours faithfully
SIGNATURE & STAMP
Received by:
Copy: the Charterers
the Owners
Cargo quality in dispute:
Port of_______________
Date:
07/10/22
To: (Name of Company)
LETTER OF PROTEST
I, Captain (NAME), the Master of m.v. “ABC”, loading cargo of BULLSHIT at the port
of PORTNAME on DATA acting on behalf of the Owners OWNERSNAME and the
Charterers IFANY, hereby notify you of the following amount/s in dispute between the
quantity and/or weight of the cargo declared by your PERSONINCHARGE and the quantity
and weight shipped on board according to our figures:
Quantity loaded as declared by you__________,
Quantity loaded according to ship’s figures__________,
Weight loaded as declared by you___________,
Weight loaded according to ship’s figures_________,
Weight/Quantity in dispute_______________.
We reject all liability for this amount in dispute and hold you fully responsible for all
consequences which may arise. Furthermore quantity and/or weight in dispute will be
declared in the Mates Receipt and Bills of Lading.
Yours faithfully
SIGNATURE & STAMP
Received by:
Cargo quantity unknown:
Port of_______________
Date:
07/10/22
To: (Name of Company, responsible for Loading)
LETTER OF PROTEST
I, Captain (NAME), the Master of m.v. “ABC”, loading cargo of BULLSHIT at the port
of PORTNAME on DATA acting on behalf of the Owners OWNERSNAME and the
Charterers IFANY, hereby notify you that we are unable to confirm that the quantity/weight
declared by you to have been loaded on our vessel is correct.
Therefore notify you of our intention to clause the Mate’s Receipts and Bills of Lading as
follows:
“ The numbers of packages or pieces and the quantity and the weight as shown are furnished
by the shipper and are unknown to the carrier and the Master, who has no reasonable means
of checking this themselves.”
We reject all liability for any claims that may be made and hold you fully responsible for all
consequences which may arise.
Yours faithfully
SIGNATURE & STAMP
Received by:
Copy: the Charterers
the Owners
Bunkering: Bad oil quality
Port of_______________
Date: 07/10/22
To: __________________
__________________
C/P DD: ______(charter date)_____
LETTER OF PROTEST
I hereby give you notice, that fuel oil supplied by you at the port of PORTNAME prove to be
wholly unsuitable for use in the vessel’s machinery. The main engine manifested instant
problems, when the supplied fuel was burned. All action undertaken by our technical staff
taken to stop the problem proved to be unsatisfactory.
Fuel samples will be sent for laboratory analysis.
(or, if the possibility to determine fuel oil parameters on board the ship exists:
Shipboard analysis of a representative sample indicate the quality of fuel exceed standards of
the grade ordered.)
In the circumstances, I cannot jeopardise the safety of the vessel by accepting or using the
fuel supplied without first receiving instruction to do so from my owners.
In the meantime, on behalf of my owners, I hold you wholly responsible for all damages and
delays and other loss or expense arising as a direct or indirect consequence from your failure
to supply the guaranteed grade of fuel.
Yours faithfully
MASTER
SIGNATURE & STAMP
Received by:
COPY: the Owners
Oil pollution while bunkering/oil transfer operations:
Port of_______________
Date:
07/10/22
To: BUNKERS SUPPLIERS
____________________
LETTER OF PROTEST
I, Captain (NAME), the Master of m.v. “ABC”, acting on behalf of the OwnersOWNERSNAME and the Charterers IFANY, hereby reject any responsibility arisen from thespill of oil which resulted entirely from a negligent work of your stuff, while my wessel wasbunkered today, DATE AND TIME at PLACE (or on the road of PLACE), as the following
accident was discovered by the crew of our vessel:
- the hose was leaking as the bunkering started,
- the pumping rate was higher than that agreed – which solely contributed to the referred
leakage,
- the hose was not sufficiently emptied before disconnecting (after receiving your order),
- Other sources of spill__________________________
By the copy given to the local Coast Guard/Port Authorities I repudiate any responsibilities
which may arise from the referred oil pollution.
Yours faithfully
SIGNATURE & STAMP
Received by:
Copy: Coast Guard/ Port Authorities