Who should pay when regulation changes after the deposit?
Make this a contract question before it becomes an expense dispute. The following is a recommended negotiation framework, not a statement of automatic legal rights.
| Situation | Question for the broker and counsel | Evidence to request |
|---|---|---|
| A published tax or fee was omitted from the original quote | Who bears an existing charge that was missed? | Applicable instrument, effective date and original cost assumptions. |
| A genuine new charge begins after signature | Does the agreement permit a pass-through, and is there any materiality threshold? | Final instrument and calculation for this booking. |
| The yacht lacks a required permission | Is this treated differently from a subsequent change in law? | Licence status and the relevant contractual obligation. |
| A preferred anchorage becomes unavailable | Is the itinerary aspirational, or was access a material booking condition? | Alternative shore-access and cost plan. |
| A guest cannot satisfy entry requirements | What cancellation terms apply, and what does insurance actually cover? | Relevant clauses and written insurer or adviser response. |
| A permit expense is not incurred | How will the unused provision be reconciled? | Expense records and the agreed reconciliation procedure. |
Ask counsel to separate operator readiness, regulatory change, guest eligibility, ordinary itinerary discretion and force majeure. Avoid allowing one broad label to answer all five questions.
For insurance, request confirmation against the actual concern. “Trip cancellation included” is not a sufficiently specific response to a question about licensing failure, denied entry or an unavailable anchorage.
Sources cited
This page does not link to an external source directly.
All sources for Regulatory news and changes