Published by: Andela Grcic (Charter Specialist)
Reading time: 3 min.
Imagine this: You’re sailing through crystal-clear waters on a luxury yacht charter, enjoying the sun and sea breeze, when suddenly, the yacht slows down, and the captain informs you of an unexpected mechanical issue. What now?
While yacht breakdowns during a charter are rare, they can happen. Knowing what to do and understanding your rights under the MYBA (Mediterranean Yacht Brokers Association) charter agreement can help you stay calm and in control. One key safeguard is Clause 12, which outlines what happens if a yacht experiences a
mechanical failure or becomes unusable during your trip.
Understanding MYBA Clause 12: Breakdown or Disablement
MYBA Clause 12 is a standard part of the yacht charter agreement designed to protect both charterers and yacht owners in the event of mechanical failures, grounding, or other disabling issues.
Short-Term Disablement (12–48 Hours)
If the yacht is temporarily disabled for 12 to 48 hours—and it’s not your fault as the charterer—the owner must offer one of the following options:
- A pro-rata refund for the lost charter time.
- An extension of the yacht charter by the same duration.
Good to know: You're not liable for extra costs related to the breakdown, although you will still be responsible for regular charter expenses like food, fuel, and docking fees during the downtime.
Long-Term Disablement or Total Loss (More Than 48 Hours)
If the yacht breakdown lasts more than 48 hours or the vessel becomes completely unusable, you have the right to terminate the charter contract. In that case, the yacht owner must:
- Refund the unused portion of your charter within two working days.
- Cover return travel and accommodation costs for you and your guests.
- Alternatively, if the issue exceeds 48 hours but you choose to remain onboard and continue the experience, you can waive future compensation claims.
Why Does MYBA Clause 12 Matter?
This clause is a crucial safety net in yacht charters for both parties:
- For the charterer, It ensures financial protection and provides options if your yacht charter is disrupted by a mechanical failure.
- For the owner, it offers clear, professional guidelines for managing unforeseen issues while maintaining trust and customer satisfaction.
Additional Assurance: Can You Get a Replacement Yacht?
Although most yachts are maintained to the highest professional standards, it’s worth asking your broker about replacement yacht availability in case of an unexpected issue. Some owners may provide a substitute vessel if one is accessible, so this is an excellent point to discuss before signing your MYBA charter agreement.
What Should You Do If Your Yacht Breaks Down?
If your charter vessel breaks down, follow these steps:
- Stay calm and consult the captain – They’ll evaluate the situation and provide immediate guidance.
- Contact your yacht charter broker – Your broker can help with negotiating refunds, possible extensions, or arranging a replacement yacht.
- Review your MYBA Clause 12 – Familiarize yourself with your options and entitlements.
Final Thoughts: Be Prepared, Sail with Confidence
While the chances of experiencing a mechanical issue during a yacht charter are low, knowing your rights under Clause 12 of the MYBA contract helps ensure you're protected. Before booking, take time to discuss this clause with your broker and ask questions.
With the right knowledge and preparation, you can relax and enjoy a luxurious, worry-free sailing experience.
Need expert advice? Reach out to your Otium Yachts team for help navigating charter agreements and securing the perfect yacht for your next adventure.