my song yacht accident

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Sinking of the sailboat My Song: Everyone passes the buck

Shipowner, carrier, manufacturer of the berth... The communication war is launched to determine who is responsible for the loss of the 130-foot yacht My Song. The conveyor company Peters & May officially reacts.

The Baltic 130 My Song lost in the Mediterranean

The loss of the yacht My Song has been in the news in recent days. The 130-foot custom-made sailboat built by the Finnish Baltic shipyard fell off the deck of the cargo ship that was carrying it from the West Indies to the Mediterranean. It likely sank as a result of the damage caused by the accident. If we had not initially mentioned the event, considering the information despite its sadness as a matter of fact, the emerging debate on responsibilities seemed interesting to us. Attacked from all sides, Peters & May, owner of the cargo ship, reacted by questioning the solidity of the ship's berth. Supplied by the owner of My Song and built by Naval Tecnosud, who is responsible for the tooling? Was it used properly?... The press release below from Peters & May illustrates the situation, revealing a sensitive subject that arises more often than one might think.

Peters & May defends itself in the sinking of My Song

We do not normally comment on loading incidents, but given the high-end nature of this yacht and the interest of the media, we believe that we need to provide formal clarifications. Several individuals give their judgments about what would or would not have happened and we will try to provide clarity, albeit at an early stage of the investigation. Our reputation comes first and foremost and we will not let it be tarnished by any individual asserting judgments without elements in hand. I would add that I am disappointed that confidential photos have leaked into the media.

We were informed of the loss of a yacht on the deck of the MV Brattinsborg at approximately 04:00 LT on 26 May 2019. This yacht is the sailboat My Song. Upon receipt of the information, Peters & May instructed the captain of the MV Brattinsborg to attempt the rescue while third party rescuers were designated.

The vessel maintained visual contact with My Song until the maritime and air searches began. At 09:00 BST on 28 May 2019, rescue attempts continue. To ensure the safety of the remaining vessels, Peters & May instructed the transport vessel to continue its journey to Genoa as planned. No other vessels were involved in the incident.

A full investigation into the causes of the incident has been launched. Nevertheless, the first observations are that the yacht's berry (owned and provided by the yacht, guaranteed by the yacht for transport at sea and assembled by the yacht's crew) collapsed during the journey from Palma to Genoa and consequently caused the loss of the My Song overboard. I would add that this is only an initial statement, subject to confirmation in due course.

As a leader in yacht transport for the past 40 years, we are proud of what we do and go beyond standard operating procedures to ensure the safety of the yachts we transport. We have procedures in place to respond to this type of incident, although we hope they are never necessary.

This incident is more than regrettable, however, the transport of yachts on cargo ships remains one of the safest and most economically efficient solutions when conducted by a respectable company like Peters & May.

More information will be made available in due course, but in the meantime, I ask everyone to respect the sensitivity of the situation for the parties concerned.

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Baltic 130 Custom Superyacht My Song "Beyond Repair"

The Baltic 130 Custom sailing yacht My Song  cannot be saved, according to its owner.

The yacht, which was lost at sea after falling from a cargo ship, was hauled out in Palma earlier this month. Photographs taken by onlookers showed extensive damage to the yacht, with several holes in the hull of the boat.

Now, owner Pier Luigi Loro Piana has confirmed himself that the yacht is beyond repair.

His spokesman told The Times newspaper: "The damage outside and to the interiors of the yacht mean it is not salvable. It may have hit the side of the cargo ship as it fell."

Pier Luigi Loro Piana also spoke out about the incident directly to the Italian newspaper La Repubblica, stating: "For anyone who loves the sea, his boat is like a second home, and it is as if my home has burnt down."

It comes after the 39.6 metre yacht was salvaged from the coast of Menorca by MCS Marine Claim Services Germany. It was then towed into Palma's STP shipyard where it was accessed.

Yacht transport company Peters & May released a statement in response to the incident, in which  My Song fell from the 138 metre cargo ship  Brattinsborg on Sunday, May 26.

Peters & May chief executive David Holley revealed that the company was informed of the incident at around 4am on May 26th and instructed the captain of  Brattinsborg  to try and salvage the yacht from the open water.

The cargo ship's crew kept eyes-on contact with  My Song  until air and sea salvage attempts began. Holley revealed that  My Song's  cradle had "collapsed", causing the yacht to fall from the cargo ship.

He emphasised that the cradle was "owned and provided by the yacht, warrantied by the yacht for sea transport and assembled by the yacht's crew." This cradling system has now been discharged and is under inspection.

Following the incident, Peters & May instructed  Brattinsborg  to continue to its original destination of Genoa, where it was due to dock on May 27. It previously departed the island of St John in the Caribbean on May 7.

It is understood the yacht was due to attend the Loro Piana Superyacht Regatta in Porto Cervo. Owned by keen regatta sailor Pier Luigi Loro Piana,  My Song  won the same regatta last year.

Delivered in 2016,  My Song  features exterior design by  Nauta Design  with hull lines by  Reichel-Pugh  naval architects. The five-cabin interior was also designed by Nauta Design.

The single-masted yacht, which was built from a carbon-fibre sandwich construction, features a plumb bow and wide stern.

Peters & May chief executive David Holley's statement in full:

"We would not normally comment on cargo incidents but given the high-profile nature of this yacht and the media interest we feel that we need to formally give some clarification. There are several individuals passing judgement on what may or may not have happened and we will attempt to offer some clarity, albeit at an early stage of the investigation. Our reputation is second to none and we will not have it tarnished by unqualified individuals passing judgement without facts in hand. I will add that I am disappointed that confidential photographs were leaked to the media.

We were informed of the loss of a yacht from the deck of the MV Brattinsborg at approximately 0400hr LT on 26th May 2019. The yacht is sailing yacht MY SONG. Upon receipt of the news Peters & May instructed the captain of the MV Brattinsborg to attempt salvage whilst 3rd party salvors were appointed.

The vessel maintained visual contact with MY SONG until the air and sea search was initiated. As of 0900hr BST on 28th May 2019 the salvage attempts are still ongoing. To ensure the safety of the remaining yachts, Peters & May have instructed the carrying vessel to continue her planned voyage to Genoa. No other yachts have been affected by this incident.

A full investigation into the cause of the incident has been launched, however the primary assessment is that the yacht’s cradle (owned and provided by the yacht, warrantied by the yacht for sea transport and assembled by the yacht’s crew) collapsed during the voyage from Palma to Genoa and subsequently resulted in the loss of MY SONG overboard. I will add that this is the initial assessment and is subject to confirmation in due course.

As a leading yacht transporter for the past 40 years we take great pride in what we do and go above and beyond all standard operating procedures to ensure safe transit of all yachts carried by us. We have procedures in place to respond to this kind of incident, although we hope that they are never required.

This incident is more than regrettable, however the transport of yachts on cargo vessels continues to be one of the safest and most cost-effective solutions when carried out by a reputable company such as Peters & May.

More information will be made available in due course but in the meantime, I request that everyone respects the sensitivity of this issue to all parties concerned."

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Lost in the seas: 40m Baltic sailing superyacht My Song falls from cargo ship and other yacht news

We selected for you top 5  yacht stories  of the last week at  Yacht Harbour .

Lost in the seas: 40m Baltic sailing superyacht My Song falls from cargo ship

On the evening of May 25,  the sailing superyacht My Song  from Baltic 130 line fell from the cargo ship that was carrying her across the Atlantic, from the Caribbean to the Balearics.

My Song  was supposed to be unloaded in Ibiza ahead of her appearance in  this year’s Loro Piana Superyacht Regatta that is taking place form June 3 to June 6 in Sardinia , as the past year winner.

Built in 2016, this 39.6-metre tall and 8.5-metre wide sailboat was well known for its sleek outline with designs by Nauta Design studio. The yacht is owned by Pier Luigi Loro Piana (net worth $1.6 billion – Forbes), an heir to the high end clothing company Loro Piana. Mr. Loro Piana also hosts eponymous yacht racing events.

Last December, My Song’s crew set a new speed record during the RORC Transatlantic Race. The journey of 3,000 nautical miles from the Canary Islands to Grenada took 10 days, 5 hours, 47 minutes and 11 seconds for the crew — almost 1 hour and 20 minutes less than the previous record holders in 2015. Sails, rising on the 56-meter mast, accelerated My Song to 30 knots.`

30m motor yacht Stoli resqued after collision

The 30-metre yacht Stoli with three sailors on-board struck a small group of islands Les îlots des Moines, 3.5 km off Roccapina, on the night of May 16-17, according to local media  Corse Matin . The vessel reportedly departed from Sardinia heading to Saint-Tropez.

The captain stranded the boat at Tradicettu beach after the collision to avoid sinking, where she stayed for more than a week on the shore. Last weekend, Stoli was bailed out and towed to the port of Propriano. The crew members were taken care of, found shocked though not injured.  

The operation of carrying the 115-tonnes boat was performed by the sea rescuers of the SNSM Propriano, the Sea and Assistance Company and BEXMA Expertises Maritimes.

Earlier, hazard weather conditions did not allow the towing of the yacht. During the operation, the rescuers had to pump fuel into the bunkers, mandated by the shipowner and insurance terms. 

The specialised team extracted 10,000 litres of diesel oil, sea water and viscous liquid within 19 hours. Meanwhile, the risks of pollution were eliminated, thanks to erected floating pollution barriers.

This operation has mobilised for more than a week more than thirty marine rescuers of SNSM Propriano. Further investigations are under way to permanently secure the boat to a port where it will be landed.

Since the accident, the three sailors have been heard by the Maritime Gendarmerie. For the moment, the collision with the islands remains unexplained, even if the yacht was sailing at a rather high speed. 

Tragedy at the Cannes Film Festival: crew member dies after two yachts collide

On the last day of  the Cannes Film Festival 2019 , a British man died in a collision of two yachts within Cannes marina, according to  The Telegraph .  The 28-metre Pershing Vision  hit  the 27-metre Minx by Princess Yachts  at around 9pm on May 25, injuring the 29-year-old crew member on-board the Minx.

He suffered a cardiac arrest and died despite the efforts of medical staff onboard a rescue boat called to the scene, according to  a statement from the Maritime Prefecture of the Mediterranean . Reportedly, seventeen other passengers were safely evacuated to a nearby port, although shocked.

Minx, was anchored north of the island of St Marguerite at the time of the collision. Afterwards, both vessels were towed to Port Pierre-Canto in Cannes and the maritime office of Marseilles launched an investigation.

A Foreign Office spokesperson claimed, that their staff “are assisting the family of a British man following his death in France, and are in contact with the local authorities.”

As to the vessels, they both suffered significant damage. According to The Telegraph, the nose of  Minx  is broken off and fibreglass is splintering out from the front of the vessel, while  Vision  bears long scratches down the starboard side. 

85m explorer Bold: Silver Yachts launches the largest yacht built in Australia

On May 25,  Australia-based builder Silver Yachts  has launch its long-anticipated flagship, a 85-metre explorer superyacht Bold. Formerly known as  Silver Loft , the vessel represents the largest project built in Australia so far, outpacing her predecessor,  77-metre Silver Fast.

The yacht’s exteriors were developed in collaboration  with Espen Oeino , who had also worked on the successful Silver Series of high speed and efficient motor yachts. The Bold’s low draft and highly optimised hull form provide her owner with remarkably low fuel consumption, fast repositioning and access to shallow cruising grounds unusual for yachts of her size.

Revolving around a 300-square-metre sky lounge with 3,75-metre tall floor-to-ceiling windows, the yacht’s sundeck will feature sunbeds, a rotisserie barbecue setup and a dining table for up to 16 guests, whereas the upper deck aft will feature a Jacuzzi and sunbeds.

Main deck exterior has been kept uncluttered with a vast aft deck allowing for versatile watercraft storage options. Built with an explorer philosophy in mind, Bold boasts a helideck aft of the main deck complete with over 3,000 litres of helicopter fuel storage. Meanwhile, under charter mode, the dedicated storage hangar can be utilised as a watersports equipment storage facility.

Inside, Germany-based Andreas Hölnburger of Vain Interiors has created a sophisticated and luxurious interior with the practicalities and functionality in mind to match the vessel’s intended use. The contemporary interiors include teak and oak panelling, metallic painted features combined with oak and marble floors.

Bold can accommodate up to 16 guests within a master suite, three VIP cabins on the upper deck and four other cabins on the lower deck. A total of 21 crew are accommodated across 9 crew and 4 staff cabins. 

CNC reveals new Ocean King explorer yacht

Italian builder Cantieri Navali Chioggia (CNC)  has presented new Ocean King model in its Classic explorer series. The 34-metre Classic 108 has been designed in collaboration with VYD Studio and features heavy displacement double-bottomed Grade A steel hull and lightweight aluminum superstructure.

Designed with long-range capability in mind, the Classic 108 boasts fuel capacity of over 50,000 litres, enabling her to cross the Atlantic and return on a single tank of fuel, claims the yard.

Trieste-based VYD Studio also developed the design concept for the yacht’s 350-GT interior space. Within her “luminous and fresh” interiors, the accommodation for a total of 10 guests in five cabins will be offered. The cabins layout includes a main deck master suite that takes full advantage of the 8.3-metre beam and four guest cabins on the lower deck, alongside the crew accommodation.

Outdoor areas are trademarked with a 204-square-metre deck area with multiple seating and sunbathing zone, and a tender garage convertible into a beach club.

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£30m superyacht My Song lost at sea after falling off cargo ship

A £30 million superyacht belonging to an Italian billionaire fell off a cargo ship in the Mediterranean because of an error by her crew, the company that was transporting her said yesterday.

Peters & May, a Southampton-based company, said that My Song, owned by the fashion heir Pier Luigi Loro Piana, had fallen from the deck of the MV Brattinsborg on Sunday because the yacht’s crew had failed to secure her properly. The 40m (130ft) yacht was lost between Mallorca and Genoa during a journey from Antigua to Sardinia.

She was built in 2016 by Baltic Yachts of Finland, which said she was a “state of the art, multi-role custom superyacht” made of advanced carbon fibre laminate.

David Holley, the head of Peters & May,

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A 40 metre luxury superyacht thought to be worth about $55 million has vanished after it fell off a cargo ship into the Mediterranean.

MY Song, owned by Italian fashion billionaire Pier Luigi Loro Piana, was being transported between the Spanish island of Mallorca and the Italian city of Genoa when the incident occurred.

Fox News said the superyacht, which was on the last leg of a journey that began in the Caribbean, was not secured correctly by the crew, according to the company that transported her.

Forbes magazine puts Mr Piana’s net worth at $1.6 billion.

MY Song, which was built in 2016, was being transported to Ibiza to take part in the Logo Piana Superyacht Regatta, which is running in Porto Cervo from June 3 to June 6, when it broke loose over the weekend. MY Song won the regatta last year.

David Holley, the head of Peters & May, the company that handles the transportation of MY Song, said in a statement: “Upon receipt of the news Peters & May instructed the captain of the MV Brattinsborg to attempt salvage whilst third-party salvors were appointed.”

“The vessel maintained visual contact with MY Song until the air and sea search was initiated ... the salvage attempts are still ongoing.”

Mr Holley said a full investigation has been launched into the cause of the incident.

“However the primary assessment is that the yacht’s cradle (owned and provided by the yacht, warrantied by the yacht for sea transport and assembled by the yacht’s crew) collapsed during the voyage from Palma to Genoa and subsequently resulted in the loss of MY Song overboard. I will add that this is the initial assessment and is subject to confirmation in due course.”

On social media, yachting organisations and publications lamented the misfortune that befell MY Song, a star in the regatta and luxury yacht worlds. Its past honours include Best Yacht at the World Superyacht Awards.

It also set a speed record during last year’s RORC Transatlantic Race.

GCaptain.com noted that besides being an award-winning performer in competitions, MY Song was a jewel in luxuriating circles: “The interior accommodation is for six to eight guests including the owner, the focal point being a spectacular deck saloon with hull and superstructure ports, plus skylights providing panoramic outboard views.”

This story was originally published by Fox News and is reprinted here with permission.

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A commuter has slammed a major “flaw” at a Sydney train station, calling out the “dumb” design.

Unlucky Billionaire’s $38M Megayacht Falls Off Cargo Ship, Gets Lost at Sea

The 130-foot boat was being transported by boat so it could compete in a boat race elsewhere on the planet. Because first world problems.

We’ve all heard of the unfortunate story of someone losing their car or motorcycle in a freak accident, but what about losing a $38-million megayacht ? Various international news outlets report that a 130-foot sailing yacht named MY Song was recently lost in the Mediterranean Sea after falling off a cargo ship while in transport. 

You’d think that a boat that fell off another boat would just land in the water and float after suffering some minor damage, right? Unfortunately, this was not the case. According to reports, MY Song fell off its transport freighter and plunged into the Mediterranean after being hit by an unexpected severe storm. Thankfully, it didn’t sink all the way to the bottom, but it did sustain significant damage. Recent reports claim the yacht was last spotted drifting about 40 miles north of the island of Menorca with nearly half of its hull submerged under water.

The boat is owned by Italian billionaire Pier Luigi Loro Piana, and it was on its way to the Loro Piana Superyacht Regatta in Porto Cervo in Sardinia, Italy. It was supposedly being transported on a massive freighter after spending some time sailing around North America.

Pier Luigi is the grandson of Pietro Loro Piana, the founder of an ultra high-end clothing company. Forbes last reported Loro Piana’s net worth at around $1.6 billion.

MY Song’s construction completed in 2016 and in the following year, it won the 2017 World Superyacht Award for the “Best Sailing Yacht ” in its class and size. It also set a speed record while participating in the RORC Transatlantic Race, a 3,000 nautical mile journey from the Canary Islands to Grenada. The boat beat the previous record by nearly 1 hour and 20 minutes. Its mast is over 56 meters tall and the boat was capable of speeds of up to 30 knots.

"We were informed of the loss of a yacht from the deck of the MV Brattinsborg at approximately 0400hr LT on 26th May 2019. The yacht is sailing yacht My Song," said David Holley in an official statement, the chief executive of the logistics company responsible for transporting MY Song. "Upon receipt of the news Peters & May instructed the captain of the MV Brattinsborg to attempt salvage whilst third-party salvors were appointed."

By SuperyachtNews 13 Aug 2020

Update: owner of ‘My Song’ seeks compensation for loss of yacht

Peters & may address this latest development following the loss of the yacht from a cargo ship last year….

Last week, SuperyachtNews reported that Mr Loro Piana, the owner of 40m sailing yacht My Song is trying to sue Peters & May for the loss of the yacht after it fell from a cargo ship in May last year. Since then, SuperyachtNews  has spoken exclusively to Peters & May about this latest development.

“It is a matter of public record that Mr Loro Piana is attempting to sue Peters & May in Milan for damages,” explains Michael Wood, legal counsel and claims manager at Peters & May. “It is also a matter of public record that Peters & May recently sought declaratory relief in the English High Court to have any litigation against Peters & May relating to the loss of the My Song brought only in England (pursuant to the terms of our contract with Mr Loro Piana).”

As mentioned in the previous SuperyachtNews coverage, Peters & May was successful in its claim for declaratory relief. According to Wood, however, Mr Loro Piana has not yet withdrawn his claim for damages in Italy or sought to make a claim for damages in England.

With regards to the investigation into the incident, the last statement Peters & May issued claimed that, “Whilst the investigations into the cause of the loss are still ongoing, it has recently transpired during the investigations that the cradle provided by the yacht owners had undergone an undisclosed and apparently uncertified modification prior to shipment. This modification appears to have resulted in the failure of the yacht’s cradle.”

Peters & May is unable to provide any further details of the findings of the investigations that are subject to current and ongoing litigation. “However, I can confirm that Peters & May is confident that its initial findings will be proved correct and will successfully defend any claim made by Mr Loro Piana for damages,” Wood concludes.

Profile links

Peters & May Ltd

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Superyacht MY SONG Lost from Cargo Ship During Transport

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MY Song. Photo: Baltic Yachts

The big story from over the weekend was without question the loss of the 40-meter sailing yacht MY Song in the Mediterranean Sea after the superyacht fell from the deck of the cargo ship that was transporting it.

The award-winning yacht, owned by Italian billionaire Pier Luigi Loro Piana, was being transported aboard the general cargo ship MV Brattinsborg when the incident occurred early Saturday morning.

Yacht transport company Peters & May confirmed some of the details of the incident in a statement from its CEO, David Holley, on Tuesday. Holley said the company was informed of the incident early on Saturday, 26 May.

“Upon receipt of the news Peters & May instructed the captain of the MV Brattinsborg to attempt salvage whilst 3rd party salvors were appointed,” Holley said in the statement.

“The vessel maintained visual contact with My Song until the air and sea search was initiated. As of 0900hr BST on 28th May 2019 the salvage attempts are still ongoing,” Holley said.

Photos leaked to the media show the yacht partially sunk:

ESCLUSIVA – Direttamente interpellata dalla nostra redazione in relazione alla perdita del 130’ My Song di Pigi Loro Piana, la compagnia Peters&May, incaricata del trasporto dello yacht dai Caraibi a Genova risponde con un… https://t.co/PxZONd15qj pic.twitter.com/amd2SFuLEC — Giornale della Vela (@giornalevela) May 28, 2019

The MV Brattinsborg has since been instructed to continue its voyage to Genoa, Italy with remaining yachts still on board.

An undated photo below shows the MY Song loaded on the Brattinsborg cargo ship:

Holley’s statement also shed some light on the possible cause of the incident, blaming the loss on a failure of the yacht’s cradle that was provided by, warrantied, and assembled by the yacht’s owner and crew.

“A full investigation into the cause of the incident has been launched, however the primary assessment is that the yacht’s cradle (owned and provided by the yacht, warrantied by the yacht for sea transport and assembled by the yacht’s crew) collapsed during the voyage from Palma to Genoa and subsequently resulted in the loss of MY SONG overboard. I will add that this is the initial assessment and is subject to confirmation in due course,” Holley said.

The MY Song was built by Baltic Yachts in 2016. The company describes the yacht as a high-performance, all-carbon yacht built for both cruising and racing:

The Baltic 130 My Song is a state of the art, multi-role custom superyacht combining performance and light displacement with a stunning contemporary interior providing an immensely comfortable cruising platform. Since the delivery in 2016 My Song has won several awards and was judged best yacht at World Superyacht Awards. Naval architects Reichel/Pugh used the latest design programs to produce a seriously high-performance sailing yacht while Nauta Design was responsible for the overall styling, deck and interior design. My Song took 22 months to build and was launched on time despite design changes, modifications and the installation of a new propulsion system. This all carbon yacht features interchangeable mainsails for cruising or racing and Baltic’s latest retractable propulsion system which rotates though 180 degrees to double as a stern thruster and a keel fin more akin to maxi raceboat design. The Baltic 130 custom’s plumb bow and wide transom exploit the speed benefits of a long waterline and powerful stern sections to meet the owner’s demands for a really effective race boat. The interior accommodation is for six to eight guests including the owner, the focal point being a spectacular deck saloon with hull and superstructure ports, plus skylights providing panoramic outboard views.

The MY Song was headed from the Caribbean to Italy where it was due to compete in the Loro Piana Superyacht Regatta next week, in which it was the returning champion. 

CEO David Holley’s full statement is provided below: 

This press release is in response to the ongoing media speculation in reference to the loss of sailing yacht MY SONG in the Mediterranean. We would not normally comment on cargo incidents but given the high-profile nature of this yacht and the media interest we feel that we need to formally give some clarification. There are several individuals passing judgement on what may or may not have happened and we will attempt to offer some clarity, albeit at an early stage of the investigation. Our reputation is second to none and we will not have it tarnished by unqualified individuals passing judgement without facts in hand. I will add that I am disappointed that confidential photographs were leaked to the media. We were informed of the loss of a yacht from the deck of the MV Brattinsborg at approximately 0400hr LT on 26 th May 2019. The yacht is sailing yacht MY SONG. Upon receipt of the news Peters & May instructed the captain of the MV Brattinsborg to attempt salvage whilst 3 rd party salvors were appointed. The vessel maintained visual contact with MY SONG until the air and sea search was initiated. As of 0900hr BST on 28 th May 2019 the salvage attempts are still ongoing. To ensure the safety of the remaining yachts, Peters & May have instructed the carrying vessel to continue her planned voyage to Genoa. No other yachts have been affected by this incident. A full investigation into the cause of the incident has been launched, however the primary assessment is that the yacht’s cradle (owned and provided by the yacht, warrantied by the yacht for sea transport and assembled by the yacht’s crew) collapsed during the voyage from Palma to Genoa and subsequently resulted in the loss of MY SONG overboard. I will add that this is the initial assessment and is subject to confirmation in due course. As a leading yacht transporter for the past 40 years we take great pride in what we do and go above and beyond all standard operating procedures to ensure safe transit of all yachts carried by us. We have procedures in place to respond to this kind of incident, although we hope that they are never required. This incident is more than regrettable, however the transport of yachts on cargo vessels continues to be one of the safest and most cost-effective solutions when carried out by a reputable company such as Peters & May. More information will be made available in due course but in the meantime, I request that everyone respects the sensitivity of this issue to all parties concerned. -END-

We’ll update as more information becomes available. 

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Swansong for “MY SONG” owner as court hands down judgment on superyacht loss

• Using your device

The recent judgment of the Commercial Court in the case of Weco Projects APS -v- Loro Piana and Others [2020] EWHC 2150 (Comm) provides numerous elements of useful guidance for those in the freight forwarding and cargo / freight liability insurance industries, encompassing findings on the meaning of a ‘contract of transport’, the determination of consumer as against business interests, incorporation of terms (including BIFA law and jurisdiction) and multifaceted jurisdictional considerations. The methodical and precise discussion of consumer rights may in particular be of assistance to carriers facing consumer rights arguments and challenges to limits of liability, even if not all as dramatic as in respect of the loss of the “MY SONG”.

Italian businessman Mr Loro Piana retained a shareholding in a high-end clothing company founded by his family, but was predominately engaged in management of the resultant wealth, and recreational yacht sailing. Following the conclusion of the winter sailing season in early 2019 Mr Loro Piana sought to arrange for the carriage of his yacht, “MY SONG”, from the Caribbean to Europe, in time for a regatta planned for Sardinia shortly after. During that voyage the vessel on which the yacht was stowed encountered heavy seas and the yacht was lost overboard. Although the yacht’s hull section was recovered from the waters near Menorca it had sustained significant damage and was ultimately deemed unsalvageable.

Although Mr Loro Piana was said to have no obligation to the clothing company nor interest beyond his minority shareholding, the clothing company sponsored global regattas including that in Sardinia, its branding featured on the yacht prominently including the crew uniforms, the yacht featured in the company’s marketing and Mr Loro Piana used the yacht as the centrepiece of influencer-based marketing involving celebrities, models and journalists invited to the events and on board.

These ties came to play a more prominent part before the English courts than any of the players involved could have anticipated, as they were discussed in a fascinating and thorough judgment of Christopher Hancock QC, sitting as a judge of the High Court, which also considered the legal nature of booking notes, the incorporation of BIFA terms, and the definition of a consumer in the context of a raft of jurisdictional issues and challenges.

P&M Ltd (PML), the party engaged by Mr Loro Piana to arrange the carriage, deny liability for the loss of the yacht and their preliminary statement following the loss details their primary assessment that the yacht’s cradle (owned and provided by the yacht, warrantied for sea transport, and assembled by the yacht’s crew) collapsed during the voyage.

Contractual Structure

• Mr Loro Piana, through his logistics agent and qualified lawyer Mr Georgio Benussi, concluded a booking note dated 13 November 2018 with PML, having dealt directly with P&M S.r.l (PMS).
• PML was party to a contract of affreightment with Zeamarine Carrier GmbH and entered into an amendment on 20 March 2019 providing for the yacht to be carried on board “BRATTINGSBORG”.
• PML procured a non-negotiable liner sea waybill from Zeamarine dated 10 May 2019 which named Mr Loro Piana as shipper and consignee.
• Zeamarine charterered the vessel from RZ Carrier, who had chartered it from bareboat charterers Weco.

Proceedings

• Mr Loro Piana commenced proceedings in Italy against PML and PMS on 14 June 2019 in the courts of Milan.
• The Milan court was therefore the first seised, but the action constituted a prima facie breach of the jurisdiction agreements in the booking note.
• On 27 June 2019 Weco commenced negative declaratory relief proceedings against Mr Loro Piana, Credem (a leasing company and the yacht’s legal and registered owner), and PML, in England.
• On 18 August 2019 PML commenced Part 20 proceedings against Mr Loro Piana and Credem also seeking negative declaratory relief.
• On 18 September 2019 P&M Srl commenced essentially the same proceedings.
• On 13 May 2020 Mr Loro Piana commenced proceedings against Zeamarine and Weco in the Courts of Genoa.

Law and Jurisdiction

• The booking note provided for English law and jurisdiction. (The EJC clause)
• The booking note contained a Himalaya clause providing that any agent of PML would have ‘every exemption from liability, limitation, condition and liberty herein contained and every right, exemption from liability, defence and immunity of whatsoever nature applicable to the Company or to which the Company is entitled hereunder shall also be available and shall extend to protect every such servant or agent’.
• The booking note incorporated the standard BIFA terms which included an exclusive English law and jurisdiction clause. The court found the EJC clause in the booking note was the governing clause.
• The Zeamarine waybill contained a jurisdiction agreement providing for disputes to be determined by the courts and in accordance with the law of where the carrier had their principal place of business. Zeamarine’s principal place of business is in Germany.

Mr Loro Piana’s consumer protection rights

Mr Loro Piana alleged that the EJC was invalidated either by reason of the consumer contract provisions of the Recast Regulation, or by the provisions of the Consumer Rights Act.

The provisions in the Recast Regulation do not apply to consumer ‘contracts of transport’, so the court had to determine whether the booking note was a contract of transport, and secondly whether Mr Loro Piana was a consumer.

As to the first issue, Mr Loro Piana argued that the booking note was only a contract to arrange transport, carriage of goods was not its principal purpose, and the Regulation only excluded ‘contracts of transport’, not ‘contracts relating to transport’.

PML referred to the opinion of AG Trstenjak before the ECJ in Pammer (C-585/08) in which the purpose of the exemption was said to relate to consumer contracts ‘in the case of contracts the main purpose of which is transportation’. They submitted that it did not matter whether they arranged or carried out the carriage, as the exemption does not limit itself only to carriers, nor does it refer to roles within the contract. It applies where the main purpose of the contract is transport.

The court found that this booking note was a contract of transport. Among the factors considered a number bear similarity to the determination of freight forwarder and first carrier under the CMR Convention, including that PML invoiced for freight, not commission, and effectively subcontracted the carriage and paid a separate rate of freight to the shipowners. Further, the contract was not limited to the arrangement of carriage, as within the incorporated BIFA terms was a liberty to perform the carriage, and the booking note anticipated the possibility of the PML effecting the carriage.

The judge expressed the obiter view that any such freight forwarding contract would likely be a contract of transport, but stopped short of reaching a concluded view.

Although is was unnecessary to determine whether Mr Loro Piana was a consumer as the Recast Regulation excludes contracts of transport, the judge nonetheless considered the point and following a review of the case law determined obiter that, in circumstances such as this where it could be argued that the purpose of the contract was part personal and part business use (owing to the links to the clothing company), for it to be a consumer contract the business use of the yacht would have to be no more than ‘negligible’.

Mr Loro Piana submitted that neither his wealth nor his extensive experience in yacht transport contracts were capable of precluding his being a consumer, and that he had no contract or obligation with the clothing company capable of causing a business use in the yacht. PML referred to the yacht’s (and yachting events’) prominence in the clothing brand’s marketing strategy, and a sponsorship agreement which provided for payment and expense sharing.

The court obiter determination was that the burden was on Mr Loro Piana to show that the business use was no more than negligible, and with reference to the marketing link to the clothing company, he had not managed to do so.

Mr Loro Piana’s alternative argument was that the EJC was unfair in the terms of the Consumer Rights Act, that it hindered his right as consumer to take legal action. It was buried in small print, did not feature in the ‘Key Facts’, and required him as the foreign consumer to be sued in the trader’s domicile in a foreign language, and he had in fact been required to instruct Italian lawyers to instruct English lawyers, whereas PML was familiar with English law and litigation and should have drawn the EJC to his attention.

PML in turn argued that the Consumer Rights Act could not either interfere with or undermine the Recast Regulation exclusion, and the case law made clear the two were to be kept distinct. They further made reference to Mr Loro Piana’s experienced in-house legal advisers and his significant wealth and experience of yacht carriage contracts to rule out him being the ‘weaker party’ with the result that such a term could be unfair.

The court’s obiter conclusion found these elements in no way precluded Mr Loro Piana being a consumer, but that the clause was not unfair, in part as a result of them. Mr Loro Piana had signed the note next to the clause and so cannot be said to have not read it, and was guided by advisers. Further, there was no imbalance as both parties had to instruct English lawyers for the proceedings.

Weco’s jurisdiction arguments – Recast Regulation

Weco, as the party commencing the English proceedings with the intention of seizing the English court through pursuit of negative declaratory relief, had to prove their case on establishing that English jurisdiction. They relied on two arguments in that regard:

1) The provisions of Article 8(1) of the Recast Regulation

2) The benefit of the EJC in the booking note by virtue of the Himalaya clause in the same document

Article 8(1)

On Article 8(1), Weco argued that PML (a co-defendant in the action) were domiciled in England, and the facts of the casualty required that the interconnected claims be determined in the same way. That they had taken this action specifically in order to bring Mr Loro Piana within the jurisdiction of the English courts was no barrier to that result as a matter of English law. Mr Loro Piana disputed the interconnection of the claims and made reference to the artificial nature of the action. He argued that the English court could defer decision in any action between PML and Weco until the Italian court had determined his claim and, further, that he could not have contemplated being sued in England by a Danish bareboat charterer of a vessel performing a voyage from Antigua to Genoa during which his yacht had been salvaged (and so Weco suffered no direct loss) merely because the forwarder was English.

The court concluded both that there was no freestanding requirement of foreseeability, and that Mr Loro Piana should have foreseen this outcome given the EJC.

On the interconnected nature of the claims, the court determined that what matters was the interconnection between the claims against the various defendants, as opposed to other individual claims in the overall matter. There was a close connection between Weco’s two claims for negative declaratory relief.

The Himalaya clause

The court’s conclusion under Article 8(1) meant they were not required to determine the argument on the Himalaya clause, but did so given the extent of the submissions.

Weco argued that they, as a servant, agent or subcontractor of PML, were entitled to benefit from the clause in the PML booking note, and so from the same exemptions, defences, limitations and liberties.

Mr Loro Piana made reference to “THE MAHKUTAI “ [1996] AC 650 (PC) in which Lord Goff declined to incorporate an English EJC into a Himalaya contract as the clause in that case was concerned with terms inserted to benefit the carrier, and so could not extend to a mutual agreement such as an EJC. Mr Loro Piana argued that the Himalaya clause in the booking note was similarly concerned with terms which benefit the principal.

Weco sought to distinguish the clause from that in “THE MAHKUTAI” on the grounds that the booking note clause did not contain the same requirement for exemptions benefiting the carrier (only). The clause extended to conditions and Weco described the EJC, located within the ‘Booking Note Terms and Conditions’ and ‘BIFA Standard Conditions’ as just such a condition.

Further, where Mr Loro Piana had argued that Weco could not be PML’s servant or agent in forwarding obligations in a forwarding contract, Weco argued that as bailee or sub-bailee of the yacht it was delegated performance of PML’s obligations.

The court found that Weco was a servant or agent of PML and so can claim benefit from the Himalaya clause, as the contract was a contract of transport under which PML undertook to carry the goods.

However, as to whether the EJC was passed on as part of that benefit, the court upheld “THE MAHKUTAI” and concluded it could not. The judgment argued there was no material difference in the wording, and no importance in the reference to ‘conditions’ in the clause.

The court agreed with the Thomas -v- Portsea line of authorities which also establishes that clauses in bills of lading purporting to incorporate the terms of charters do not incorporate dispute resolution clauses related to disputes under that charter in the absence of a clear and express term to this effect. The EJC in this case referred to disputes arising out of or in connection with the booking note. The disputes between Weco and the yacht interests arise out of alleged torts and breaches of bailment.

Other claims

The court also considered PMS’s ability to benefit from the EJC as against Mr Loro Piana, who had commenced proceedings in Milan against them. The court found that as (there was a good arguable case that) Mr Loro Piana had sued on the booking note in Italy, Mr Loro Piana was then bound by its terms, including the EJC.PMS’s alternative Himalaya clause argument failing for the same reasons as Weco’s.

The court concluded that PML was entitled to rely on its EJC as against Mr Loro Piana and Credem, finding that Mr Loro Piana’s consumer rights could not avoid this outcome.

Weco could found jurisdiction in England against PML, Mr Loro Piana and Credem under Article 8(1) of the Recast Regulation with the English Court first seised. Weco were entitled to claim against PML in England owing to their domicile, and the interconnected nature of that claim with their claim against Mr Loro Piana and Credem extended that jurisdiction to those claims.

PMS could benefit from the EJC as against Mr Loro Piana further to the principle of conditional benefit.

• Shipping law
• Commercial Court

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Yachting World

• Digital Edition

World’s coolest yachts: My Song

• Helen Fretter
• March 31, 2022

We ask top sailors and marine industry gurus to choose the coolest and most innovative yachts of our times. Before it was lost in a shipping accident, top racing navigator Nacho Postigo had picked the 130ft custom racer-cruiser My Song.

“What I love about My Song is the fact that somebody has been brave and said OK, I want to go cruising, I want to have comfort, but let’s make sure this boat is fast,” explained Nacho Postigo , then navigator on the Baltic 130  My Song .

The Reichel/Pugh and Nauta-designed, Baltic Yachts-built My Song weighed in at just over 105 tonnes fully loaded, around half that of many superyachts of a similar size. Together with a 7m draught and a lifting propeller, this luxurious racer showed a genuine turn of speed and  My Song’s  victories included line honours in the RORC Transatlantic Race in 2018.

In 2019 My Song  was being shipped between regattas in the Mediterranean when the cradle it was on broke , and the yacht fell off its transport ship into the sea. It was recovered but later declared a total loss.

My Song remains one of the biggest true high performance racer-cruisers ever built.

“Even if it doesn’t show from the outside, it’s a pure cruising boat. Nothing has been neglected for comfort: the interior decoration, the systems – we have even have sparkling water in the taps. It’s amazing,” said Postigo in 2018.

“You totally forget what you are driving, it’s like helming a TP52 ,” he added with a big grin.

Stats rating My Song

Top speed : 26.5 knots LOA : 39.62m Launched : 2016 Berths : 8 + 6 Price : Undisclosed Adrenalin factor : 75%

Nacho Postigo

Nacho Postigo is one of the world’s top racing navigators, in demand on yachts ranging from J Class to TP52s and Maxis . In his mid-40s, he also swapped the luxury of superyacht sailing to fulfill a lifetime dream to race in the gruelling single-handed Mini Transat in 2015 on his yacht Vamos Vamos . More recently he won the Supermaxi division of 2018’s Maxi Yacht Rolex Cup navigating the J Class Topaz .

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My Song lost

By Sonny Prior 2019-05-30T12:45:00+01:00

News of the loss of a luxury yacht in transit from Palma to Genoa has prompted speculation regarding the cause of – and liability for – the incident.

A statement by David Holley, ceo of yacht and boat shipping specialist Peters & May , said: “We were informed of the loss of a yacht from the deck of the Brattingsborg at approximately 04:00hr LT on May 26, 2019. The yacht is sailing yacht My Song. Upon receipt of the news Peters & May instructed the captain of the Brattingsborg to attempt salvage whilst third-party salvors were appointed.”

The general cargo vessel, which was also carrying several other yachts on its deck, maintained visual contact with My Song until an air and sea search was initiated. The salvage operation was still in progress on the morning of May 28.

Holley confirmed: “To ensure the safety of the remaining yachts, Peters & May has instructed the carrying vessel to continue her planned voyage to Genoa. No other yachts have been affected by this incident.”

According to Holley, the initial understanding is that the yacht was lost when its cradle collapsed during the voyage.

While acknowledging that this assessment is subject to confirmation, he pointed out that the cradle was “owned and provided by the yacht, warrantied by the yacht for sea transport and assembled by the yacht’s crew”.

Fortunately, no one was injured during the accident. Holley said that while the loss of My Song is “more than regrettable … the transport of yachts on cargo vessels continues to be one of the safest and most cost-effective solutions when carried out by a reputable company such as Peters & May”.

The 130 ft (39.6 m), 100-tonne My Song, built by Baltic Yachts, set the monohull record during last year's Royal Ocean Racing Club transatlantic race and was worth GBP30 million (USD37.9 million). My Song was due to compete in the Loro Piana Superyacht Regatta, as the returning champion.

Weco Projects (owner of Brattingsborg) and Zeamarine (charterer of Brattingsborg) are at this point not considered liable for the loss of My Song.

While moving heavy and oversize cargoes on a ship’s deck is near commonplace, and extremely safe, it is prudent to consider the clauses in a bill of lading. Following consideration of a disputed clause by the English High Court, Lisa Clarke at UK P&I Club provided some insight on the topic.

“Carrying deck cargo exposes carriers to greater risks, with such goods considerably less protected against the elements than those carried in the holds,” said Clarke.

“If the cargo carried on deck falls outside the definition of Goods found within the Hague/Hague Visby Rules, the carrier will be deprived of the defences available to him under Article IV of the Hague/Hague Visby Rules, should the cargo be damaged or lost. It is prudent for the carrier to seek to exclude all liability for carriage of cargo on deck by inserting an appropriate clause into the bill of lading,” she advised.

Clarke pointed to the recent The Elin [2019] EWHC [1001] (Comm) case, in which the English High Court considered the interpretation of a clause in a bill of lading excluding the bulk carrier’s liability “for loss or damage howsoever arising” to deck cargo.

“A cargo of offshore production equipment was carried on deck and lost overboard in heavy weather,” Clarke outlined. “Cargo interests brought proceedings against the ship owner, arguing that the clause should be read as not excluding the carrier’s liability for loss or damage, these being obligations which were not specifically addressed in the clause. The owner denied the claim citing the deck cargo exclusion clause.”

The court agreed with the owner that a clause stating that a carrier will not be liable for loss or damage to deck cargo “howsoever arising” effectively excludes liability for the carrier’s negligence or its failure to exercise due diligence to make the vessel seaworthy.

“It should be noted that had the Hague Visby Rules applied, the exclusion would have restricted the carrier from contracting on terms that relieve or lessen a carrier’s liability from the duties in the rules,” Clarke pointed out.

She added: “Carriers are advised to consult with and utilise their club’s loss prevention department when considering a voyage involving deck cargo… It is also important to check that the relevant bill of lading has the correct protective wording.”

The UK P&I Club rules, for instance, make no express exclusions with regard to the carriage of deck cargo. There will be no cover for a member’s liability for deck cargo unless either it is customary to carry such cargo on deck (such as containers), or the managers have approved the proposed carriage in advance, possibly with additional cover in place.

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24.7m  /  81' | nautor's swan | 2022.

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Special Features:

• Multi-award winning
• Built in 2022
• Interior design from Nauta Design
• Sleeps 6 overnight

The multi-award winning 24.7m/81' sail yacht 'My Song' was built by Nautor's Swan in Italy at their Massa Carrara shipyard. Her interior is styled by Italian designer design house Nauta Design and she was delivered to her owner in July 2022. This luxury vessel's exterior design is the work of Juan Kouyoumdjian.

Guest Accommodation

My Song has been designed to comfortably accommodate up to 6 guests in 3 suites. She is also capable of carrying up to 8 crew onboard to ensure a relaxed luxury yacht experience.

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My Song is built with a GRP hull and GRP superstructure.

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Sail yacht My Song is currently not believed to be available for private Charter. To view similar yachts for charter , or contact your Yacht Charter Broker for information about renting a luxury charter yacht.

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My Song Awards & Nominations

• Boat International Design & Innovation Awards 2023 Outstanding Exterior Sailing Yachts Finalist
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• International Superyacht Society Awards 2023 Best in Sail <500GT Finalist

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BALTIC 130 MY SONG

The Baltic 130 My Song is a state of the art, multi-role custom superyacht combining performance and light displacement with a stunning contemporary interior providing an immensely comfortable cruising platform. Since the delivery in 2016 My Song has won several awards and was judged best yacht at World Superyacht Awards.

Naval architects Reichel/Pugh used the latest design programs to produce a seriously high-performance sailing yacht while Nauta Design was responsible for the overall styling, deck and interior design. My Song took 22 months to build and was launched on time despite design changes, modifications and the installation of a new propulsion system.

This all carbon yacht features interchangeable mainsails for cruising or racing and Baltic’s latest retractable propulsion system which rotates though 180 degrees to double as a stern thruster and a keel fin more akin to maxi raceboat design. The Baltic 130 custom’s plumb bow and wide transom exploit the speed benefits of a long waterline and powerful stern sections to meet the owner’s demands for a really effective race boat.

The interior accommodation is for six to eight guests including the owner, the focal point being a spectacular deck saloon with hull and superstructure ports, plus skylights providing panoramic outboard views.

DELIVERY YEAR

MAIN SPECIFICATIONS

• L.O.A. 39.62 m
• D.W.L. 36.78 m
• BEAM 8.52 m
• DRAFT 7.00 m
• DISPLACEMENT 105,000 kg
• BALLAST 36,250 kg
• NAVAL ARCHITECT Reichel Pugh Yacht Design

IMAGE GALLERY

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