What the course covers
The course opens by separating the two MYBA forms that are cited interchangeably. The MYBA Charter Agreement governs charter; the Memorandum of Agreement is the sale and purchase contract. The structure of the first is then examined: parties, identification of the yacht, period and cruising area, charter fee, payment schedule and security deposit.
Sessions work through the APA, the advance provisioning allowance from which the owner meets fuel, berthing, provisions and dues on the charterer's account, together with the accounting rendered at the end of the charter. The owner's obligations on condition of the yacht, crew, certification and insurance are reviewed, alongside the charterer's duties on the number of persons aboard, permitted use and agreed cruising area. Delivery and redelivery clauses are set out in detail, with late delivery, breakdown preventing navigation, cancellation by either party and the allocation of liability for damage.
One block addresses the Spanish administrative framework. Commercial operation requires registration on list six of the Registro de Buques y Empresas Navieras (Register of Ships and Shipping Companies), administered by the Capitanías Marítimas, while list seven covers private use. This connects with article 66.1 of Ley 38/1992 de Impuestos Especiales (Excise Duties Act), which exempts from registration tax vessels put to effective and exclusive use in chartering; Ley 16/2013 removed the 15-metre length threshold, and the owner's own use forfeits the exemption. The final block covers governing law, forum and arbitration.
Who it is for
Owners and yacht-owning companies, charter and yacht management companies, brokers, captains and chief engineers, marine underwriters and intermediaries, and in-house counsel.
No prior legal training is required. Sessions work on the MYBA form itself and on incidents arising during the season.
Why it matters
A charter is signed on an English-language form and performed under Spanish rules on registration, crewing and tax. Friction arises where the two meet: a yacht on list seven that is chartered out, or a registration tax exemption relied on while the owner uses the yacht.
APA accounting and cancellation clauses account for much of the dispute with charterers. Knowing what each heading supports, and how the expenditure is documented, shapes the position taken when return of the balance is claimed.
Programme
- MYBA Charter Agreement and Memorandum of Agreement: two forms with distinct functions
- Structure of the MYBA Charter Agreement: period, cruising area, fee, payments and deposit
- The APA: expenditure covered, handling of the advance and final accounting
- Delivery and redelivery, late delivery, breakdown, cancellation and allocation of damage
- List six and list seven; registration tax exemption under article 66.1 of Ley 38/1992
- Governing law, forum and arbitration in charter disputes
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