How should you compare MYBA, inclusive and bespoke charter agreements?
Compare the actual edition, completed particulars and amendments—not just the contract logo. A familiar name does not tell you which obligations have been modified.
- Practical recommendation:
Hill Dickinson reported that MYBA released revised charter terms in April 2025, including KYC obligations, sanctions provisions, clarified rights concerning breakdown-related force majeure and an entire-agreement clause. Its June 27, 2025 article noted that both 2017 and 2025 forms were then circulating. MYBA subsequently discussed its revised agreement in September 2025. (hilldickinson.com)
MYBA 2017 form
- Useful comparison
- Identify its edition and compare provisions with the proposed alternatives
- What not to assume
- That a previous charter’s clause numbering or remedies match a newer form
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| Agreement presented | Useful comparison | What not to assume |
|---|---|---|
| MYBA 2017 form | Identify its edition and compare provisions with the proposed alternatives | That a previous charter’s clause numbering or remedies match a newer form |
| MYBA 2025 form | Review compliance requirements, payment provisions, disruption clauses and incorporated promises | That the form makes every brochure statement contractual |
| CYBA inclusive agreement | Review inclusions, exclusions, payment handling and cancellation provisions in the issued document | That “inclusive” means either fully refundable or free of extra charges |
| Bespoke operator agreement | Obtain specialist review of the complete risk allocation | That a shorter document is necessarily simpler or more favourable |
CYBA identifies an Inclusive Charter Agreement electronic-contract system in its standing rules. That establishes the form’s existence, not the terms of a particular completed booking. (cyba.net)
Which clauses deserve side-by-side review?
Ask a qualified adviser to complete this issue table against the actual drafts:
Charterer cancellation
- Question for each proposal
- Which paid and unpaid sums are exposed at each date? What happens if the yacht is re-let?
Show the full table
| Issue | Question for each proposal |
|---|---|
| Charterer cancellation | Which paid and unpaid sums are exposed at each date? What happens if the yacht is re-let? |
| Owner cancellation | What repayment or compensation is due, on what timetable, and subject to which exceptions? |
| Breakdown after embarkation | What triggers a refund, extension or termination, and what notice must the charterer give? |
| Weather and force majeure | Is the event a route change, interruption or cancellation under this wording? |
| Sale of the yacht | How is the charter preserved or terminated if ownership changes? |
| Essential equipment | What follows if the elevator, stabilisers, tender or other agreed feature is unavailable? |
| Material promises | Which crew, access, dietary, equipment or itinerary commitments belong in the executed agreement? |
| Claims and disputes | What law, forum, notice deadlines and complaint procedures apply? |
The public 2025 MYBA specimen reviewed contains separate provisions for charterer cancellation, breakdown, sale, insurance and the entire agreement. It is an illustrative specimen hosted by a yacht website—not a substitute for the final validated agreement or advice on enforceability. (ionian-ray.com)
Practical recommendation: identify the small number of promises without which the principal would not book, then ask counsel how to express them and the consequence of non-performance. Hill Dickinson’s discussion of the entire-agreement provision makes reliance on informal broker communications particularly important to examine. (hilldickinson.com)
Sources cited
- hilldickinson.com https://www.hilldickinson.com/our-view/articles/superyacht-charter-season-the-terms-of-the-contract-to-let-and-hire/
- cyba.net https://www.cyba.net/standing-rules/?utm_source=openai
- ionian-ray.com https://ionian-ray.com/wp-content/uploads/2025/04/MYBA-2025-E-Charter-DRAFT.pdf