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Guests

3 October 2017

Last revised

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3

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Just because charterer guests have paid a great deal of money for the exclusive use of a superyacht, this does not mean that he (or she) has the right to do with the boat and crew as he pleases. A Member recently sought advice with regard to redress following a charter during which guests behaved in a way which was at best depraved – and at worst illegal.

minutes

3

Reading time

3 October 2017

Last revised

Just because charterer guests have paid a great deal of money for the exclusive use of a superyacht, this does not mean that he (or she) has the right to do with the boat and crew as he pleases. A Member recently sought advice with regard to redress following a charter during which guests behaved in a way which was at best depraved – and at worst illegal.

  • In the absence of an agreement stating otherwise, the broker marketing the yacht is considered the owner's agent and must act in the owner's best interests.

  • Once the broker books the charter, the owner is bound by the charter agreement and must provide the yacht to the charterer.

  • The terms of the charter agreement are often based on the MYBA Charter Agreement, which allows the owner to back out only in exceptional circumstances and with financial consequences.

  • The captain is required by law to refuse illegal instructions from the charterer, but there are other unsavory or immoral actions that may not be illegal.

  • The MYBA form explicitly prohibits certain behaviors, such as causing nuisance or disrepute, commercial photo shoots, and harassment of crewmembers.

  • Any breach of the charter agreement may entitle the owner to terminate the contract immediately and claim damages.

  • The captain must raise issues with the charterer before the owner can terminate the contract, according to the MYBA Charter Agreement.

  • Despite the challenges, chartering can help offset the costs of owning large yachts with the right guidance and support.

  • The MYBA form explicitly prohibits certain behaviors, such as causing nuisance or disrepute, commercial photo shoots, and harassment of crewmembers.

  • Any breach of the charter agreement may entitle the owner to terminate the contract immediately and claim damages.

  • The captain must raise issues with the charterer before the owner can terminate the contract, according to the MYBA Charter Agreement.

  • Despite the challenges, chartering can help offset the costs of owning large yachts with the right guidance and support.