MYBA Charter Agreement

The MYBA Charter Agreement is a widely used standard contract for professional crewed yacht charters. It sets out who the parties are, which yacht, when and where, what you pay and when, what each side must do, and what happens if something changes.

This guide summarises the main commercial subjects in plain language so you know what to check. It does not reproduce the agreement and is not legal advice. The document that binds you is the current MYBA Charter Agreement supplied for your transaction, together with its special conditions.

MYBA publishes and regularly updates its contract documents for its members. Lund does not name a particular edition here, because the edition in use is the one supplied for your charter.

MYBA is a professional association of yacht brokers and related businesses, primarily active in the Mediterranean charter and brokerage market. Its standard contracts are used widely by members and non-members alike.

No. Many professional charters use it, but some yachts, regions or programmes use other standard forms or bespoke contracts. Whatever form is used, the same questions apply: parties, dates, money, obligations and what happens if plans change.

Older sample contracts found online may be outdated. Do not rely on them to understand your rights. The authentic agreement for your charter is the one issued for the transaction, increasingly through an electronic contract system.

Check that each party is correctly named. If you charter through a company, the company is the charterer and the signatory needs authority to sign for it.

The stakeholder holds charter payments under the agreement and releases them as it provides. The stakeholder is not the owner, and Lund is only the stakeholder if the agreement expressly names it.

The agreement names the yacht and the exact start and end dates and times. Check the time zone and the precise hours for boarding and leaving, as these define the charter period.

The delivery place is where you board and the redelivery place where you leave. These are not the same as where the yacht happens to be today. A one-way charter, starting and ending in different ports, may carry a delivery or redelivery fee.

The agreement usually defines a cruising area. Leaving it may need the owner's consent and can affect fees, insurance and tax. The itinerary itself is agreed with the captain and can change for weather or safety.

The maximum number of overnight guests is set by the yacht's licensing and cannot be exceeded. Daytime event capacity may differ and should be agreed in writing. A guest list is usually required before boarding. Crew, including the chef, are the owner's employees; changes to key crew should be communicated.

The charter fee covers the use of the yacht and crew under the agreed terms. APA, VAT or local taxes, delivery fees and extras are separate. The charter cost guide explains the full budget.

The agreement normally states the APA amount or percentage and when it is paid. APA funds the charter's running expenses and is reconciled at the end. See the What Is APA guide for the detail.

Some agreements include a security deposit against damage or other obligations. A security deposit is not APA and is not the first instalment of the fee. Check whether one applies, how much it is and how it is returned.

Payments are usually staged: a first instalment on signature and the balance before the charter, often with the APA. The exact amounts and deadlines are in your agreement. Funds generally need to have cleared, not just been sent, by each deadline.

Missing a payment deadline can have serious consequences under the agreement, up to cancellation. If you foresee a delay, tell your broker immediately.

Lund never publishes bank details on its website. Payment instructions come only through the agreement and confirmed documents. Treat any email changing bank details as a warning sign and confirm by a known phone number. A small test transfer can be sensible for first payments.

A draft is not a binding agreement until it is signed by the parties as required. Electronic signature is common. Make sure the version you sign includes every agreed change, and keep a copy of the signed agreement and all addenda.

Special conditions are where the agreement is tailored to your charter: pets, events, extra guests, water toys, payment changes and more. They can modify the standard terms, so read them carefully. Never assume special conditions from another charter apply to yours. All signed documents together form the contract.

Cancellation terms depend on timing and the agreement. Do not assume any payment is refundable or non-refundable without reading your terms. If the yacht is re-chartered for your dates, the agreement may provide for some recovery. Travel or charter cancellation insurance is worth considering.

If the owner cannot provide the yacht, the agreement sets out your remedies, which may include a refund or the option of an acceptable replacement. A replacement is generally a choice, not an obligation.

If the yacht has a significant problem before boarding, or breaks down during the charter, the agreement deals with time lost and any compensation. The loss of one amenity, such as a water toy, is usually treated differently from the yacht becoming unusable.

The captain is responsible for the safety of guests, crew and yacht and can change or refuse a route, anchorage or departure for safety reasons. Weather-related changes are a normal part of chartering and do not usually give a right to a refund.

Events outside anyone's control, such as war, port closures, pandemics or government restrictions, may be treated under force majeure provisions. Effects depend on the agreement and timing.

The charterer is responsible for the guests' lawful conduct. Illegal drugs and unauthorised weapons are prohibited. Smoking, pets, children's supervision, water toys, jet skis, diving and helicopter operations are subject to the agreement, local law and the captain's rules. The charterer can be liable for guest damage beyond normal wear.

The owner is responsible for delivering the yacht in the agreed condition, properly crewed, licensed and insured for charter. Owner insurance covers the yacht's liabilities; it is not travel insurance for you or cover for your personal property.

Guests should disclose relevant medical needs in advance. The crew may have first-aid training, but the yacht is not a medical facility, and remote itineraries need planning.

The agreement records how VAT or local tax applies to your charter, often with a clause allowing adjustment if tax law changes. The tax position depends on facts such as where you board; the Charter VAT guide explains the principles.

The agreement states which law governs it and how disputes are resolved. Raise concerns promptly with your broker and the captain, and keep records. For legal questions, consult a qualified lawyer.

Use the checklist below to prepare your review.

As your retail broker, Lund explains the agreement, negotiates special conditions on your behalf and coordinates with the central agent. Lund does not give legal advice and does not hold funds unless named as stakeholder.