I refer to the article entitled ‘We paid for Libya ferry delay, says Kmiec’ (February 4).

The contract which Virtu Ferries had entered into with the United States of America provided for the swift emergency evacuation of about 500 passengers from Libya through a commercial voyage charter party.

The arrangements for the Maria Dolores to enter Tripoli port and land arrangements for the embarkation of passengers was the responsibility of the United States.

The charter party provided for the payment of freight and demurrage if laytime exceeded six hours. Unfortunately, laytime was exceeded by 46 hours and while the United States have indeed paid the freight they have not paid the demurrage as was provided for in the charter party.

Virtu Ferries has spent a great deal of time and effort to try to resolve this issue amicably. However, there remained complete resistance by the United States to pay the demurrage in terms of the contract they had signed.

Clearly, therefore, Douglas Kmiec must have been given the wrong information because, from his comments to the press, he seems to be under the impression that the demurrage was paid.

Unfortunately, the United States continue to contest the claim and payment for demurrage, which is why Virtu Ferries was left with no option but to commence the action.