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Direct questions · Permissions, contracts and cancellation

Does bad weather mean I can cancel or receive a refund?

Short answer

Not automatically; unfavorable weather, a changed itinerary and a qualifying contractual event are different issues. Hill Dickinson cautions that not every unexpected disruption qualifies as force majeure and that frustration of a charter agreement is a narrow legal doctrine. (hilldickinson.com)

Redacted charter papers and a pen on a teak desk

Ask the broker and lawyer to explain three scenarios:

  • The yacht can operate, but the preferred anchorage is unsuitable.
  • The yacht can operate only within a substantially revised area.
  • Conditions prevent delivery or performance within the contract’s relevant provisions.

Then ask the insurer separately whether each scenario is covered. A contractual remedy and an insurance benefit are not interchangeable.

Our recommended family briefing is simple: agree the vacation’s priorities, acceptable alternatives and decision authority before departure. For example, is a quieter sheltered route acceptable if it preserves swimming and family time?

Do not ask the captain to promise an unsafe route to satisfy a fixed sightseeing list. Ask for a credible alternative plan and a clear explanation of the commercial consequences if the charter cannot proceed.

Sources cited

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