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MYBA - Mediterranean Yacht Brokers Association

Myba is a global trade association founded in 1984 by a group of prominent yacht brokers with the aim of promoting standards of professionalism and ethics in the yachting industry both throughout the mediterranean and worldwide..

The membership of MYBA constitutes over 50 major brokerages, not including all the branch offices in France, Monaco, Spain, Italy, Great Britain, Germany, Switzerland, Hong Kong, and the United States. The collective member expertise spans over half a century and covers the sale, purchase, charter and management of substantial yachts, in addition to all other aspects of yachting such as new construction, project consultancy, MCA, ISM, crew recruitment, safety and manning.

MYBA only endorses membership to brokerages with a proven track record of professional excellence in the yachting industry, thereby offering valuable benefits and safeguards to clients choosing to purchase, sell, build or charter a yacht through a MYBA broker. The commitment of MYBA members is to set the highest standards of professional expertise in international yacht commerce.

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• MYBA - Mediterranean Yacht Brokers Association View Details
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• What you Need to Know about MYBA and MYBA Contracts
• Charter advice

What is the first thing that comes to mind when you think of a luxury yacht charter? Probably sun, sea, incredible food, fun, and relaxation, right? And you’d be correct (that and so much more)! Terms and contracts don’t really fit in this picture. However, to get to the fun and relaxation, there is a little paperwork that needs to happen.

One of our core values at Otium Yachts is TRUST , so we try to make everything as simple and transparent as possible. We want you to feel confident in us as your broker and fully informed about the process and details so there are no surprises at sea. That is why we decided to write this blog specifically about MYBA contracts, to explain what they are, and why this is our preferred contract to use with clients.

What is MYBA?

The Mediterranean Yacht Brokers Association (MYBA) is a worldwide yachting association that was founded in 1984 by a group of yacht brokers whose goal was to promote the highest standards of professionalism and ethics in the yachting industry and to set a standard for charter agreements.

MYBA created the industry’s most respected and widely used contracts – the MYBA Sales and Purchase Agreement (MoA) and the MYBA Charter Agreement . These documents are regularly updated to ensure they stay in sync with the ever-changing needs of the global yachting market. With these contracts, clients can enjoy the peace of mind that comes from knowing these contracts have been prepared to the highest standard by industry professionals, with the client in mind .

Benefits of MYBA Contracts

1. Professional Industry Standard

The MYBA contract is the result of 40 years of experience from pioneers in the yachting industry. Some owners and agencies have their own charter terms and conditions – therefore, their own contracts. However, we prefer to trust something that has been prepared by industry professionals with decades of experience booking yachts around the world.

MYBA contracts are not available to all brokers . To have access to a MYBA contract you need to be an established and experienced broker with a proven record of professional excellence in the yachting industry. Such brokers invest a lot of time, money, and energy traveling to charter shows, inspecting yachts, and meeting the crews, owners, and Central Agents. So, brokers who have access to MYBA contracts typically only work with Central Agents or Stakeholders that they have personally met or reference-checked with their trusted colleagues. All of this benefits the client.

2. MYBA Contracts can still Work with Gulet Terms

As we mentioned in our last blog (Yacht Charter Terms and Agreements Explained), there are two sets of terms under which yachts usually operate and they are quite contrary (operating terms – the terms under which a yacht operates, and lays out what is, or is not included in the charter rate):

• Western Mediterranean Terms (WMT), also known as “MYBA Terms”

Under WMT (OR MYBA) terms the charter fee includes charter of the yacht and equipment, crew wages and food, ship's laundry , basic operating consumables, and insurance of the yacht for marine risk, third-party claims, and the crew for employer's liability insurance. The charterer will be charged extra  and at a cost to the yacht, for all other expenses. These expenses include food and all beverages for the charter guests, fue l for the yacht and auxiliary craft, dockage , VAT if applicable, taxes , harbor fees , communications , guest laundry , and shore-side electricity and water . 

• Gulet Terms

Generally speaking, larger luxury crewed charter yachts operate under “MYBA terms” , and smaller standard crewed yachts (gulets) operate under “Gulet terms” . As we explained in our previous blog, different terms suit yachts for different reasons. However, regardless of the terms under which a yacht operates, we can (and prefer to) use MYBA contracts. Under Clause 8 of the MYBA contract, it states what is included in the charter rate and what is extra . However, there is a SPECIAL CONDITIONS section where we can state anything that is contrary between certain terms. For example, under SPECIAL CONDITIONS section we can put “contrary to Clause 8) of this Agreement Charter Price Includes: fuel for 4 h of the engine work daily, fuel for the generator 24/7, fuel for tender transfers to/from the yacht, Wi-Fi, VAT...” and other conditions specific to yachts operating according to the Gulet Terms. Hence, we can make adjustments required by certain terms and still use our favorite type of contract.

3. MYBA Contracts Offer the Best Protection for Clients

The MYBA contract clearly defines all terms related to yacht charter; from delivery, crew, and captain’s authority, to cancellation, breakdown, insurance, and the very important Clause 20 regarding payment of the charter fee. Every possible scenario has been covered ; the MYBA contract offers protection to the client like no other contract. Clause 20 is the essence of the MYBA terms and contracts. It states that all funds received by the broker are immediately transferred to a Stakeholder (if the broker is not the Stakeholder) and then held by the Stakeholder in a designated account – safeguarding the client’s money . Fifty percent of the Charter Fee is paid to the owner of the yacht on the first day of the charter . The APA (Advanced Provisioning Allowance) is also paid to the Captain or the owner prior to embarkation . The remaining 50% of the charter fee is not paid to the owner until the first working day following the successful completion of the charter . If there are any complaints or issues raised, the funds are held until there is a resolution between the parties (with or without arbitration). In short, clients can trust that their money is safeguarded .

MYBA Contracts are our Preferred Contract

For all of these reasons, MYBA contracts are our preferred contract . We hope these two blogs (this blog and Yacht Charter Terms Explained ), help clear up this side of chartering a yacht. As always, contact us if you have any questions, and trust that we will handle your inquiry with care and professionalism from beginning to end. Otium Yachts , we are here for you.

By SuperyachtNews 21 Jul 2014

MYBA no longer mysterious

Since its origin in 1984, myba has adopted an increasingly influential role in the superyacht industry. but many owners still seem to be unaware of what the association does, or even its significance. in an attempt to rectify this, and find out why owners and industry alike should care about myba, superyachtnews.com speaks to general secretary cora tracey.….

"MYBA’s ultimate objective would be to see a harmonised rate of VAT across Europe, harmonised documentation, and harmonised interpretation and application of all legislation."

Profile links

MYBA (Mediterranean Yacht Brokers Association)

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The Mediterranean Yachting Association

What is myba.

MYBA is a worldwide professional trade association founded in 1984 by a group of prominent yacht brokers with the aim of promoting standards of professionalism and ethics in the yachting industry throughout the Mediterranean, and ultimately, worldwide.  Today, MYBA remains the only organisation in Europe with this focus and enjoys international standing in all corners of the globe.

Over the last decade in particular, yachting has evolved immeasurably and, as a result, MYBA has adopted an increasingly influential and significant role in an industry which has no regulatory body or ombudsman. MYBA Membership is now composed of over 70 major brokerage companies, with branch offices in France, Monaco, Spain, Italy, Great Britain, Germany, Switzerland, Hong Kong, and the US. Their collective expertise of several centuries covers the sale, purchase, charter and management of substantial yachts, in addition to all other aspects of yachting such as new construction, project consultancy, MCA, ISM, crew recruitment, safety and manning. MYBA only endorses membership to eligible companies with a proven track record of professional excellence in the yachting industry, thereby offering valuable benefits and safeguards to clients choosing to purchase, sell, build or charter a yacht through a MYBA broker. Over the next decade, MYBA’s commitment is to continue to blaze the trail for setting the highest standards of professional expertise in international yacht commerce.

Qualified to Represent YOU 

Ancasta International Boat Sales is an active member of MYBA. MYBA members are committed to establish and maintain a high standard of professional ethics, professional rules and skills in charter, sales, and yacht management.

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Once you have chosen the ideal yacht, checked availability and price for your chosen dates and ports of embarkation/disembarkation, we will send you out the contract.

This will be either the standard MYBA Agreement with or without amendments or EMT Contract with or without amendments.

The MYBA (Mediterranean Yacht Broker Association) is a global trade association, founded in 1984 by a group of prominent yacht brokers with the aim of promoting the highest standards of professionalism and ethics in the yachting industry both throughout and the Mediterranean and worldwide and standardising the method of charter agreements.

In the MBYA terms contract ; the charter rate includes the hire of the yacht with all its equipment in working order, tools, stores, cleaning materials, the crew’s wages, the crew’s subsistence, the insurance of the yacht for marine risk and third party claims and the crew for employer’s liability. All other operating expenses are payable by the charterer such as fuel for engines and generators, fuel for tenders and motorised water toys, harbour fees & taxes, custom clearances, all food & drinks, pilotage fees, communication costs and others.

Some yachts (mostly motorsailers and gulets) are contracted under the EMT (Eastern Mediterranean Terms) sometimes known as Gulet Terms . Within EMT the charter rate includes; fuel for up to 3-4 hours cruising per day, fuel for generators (usually limited to A/C usage hours per day), public harbour fees & taxes.

We will provide full details of any charter terms that vary from standard MYBA terms or EMT when presenting the relevant yachts

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East Med Yachting LTD, New Connexion House, Shepley, HD8 8AE email: [email protected] Tel: +44 7817 306 054 East Med Yachting offers professionally organised luxury crewed charters in the East Mediterranean. East Med Yachting

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The Damen Yachting team visits Monaco to support the first annual IYBA/MYBA Summit for brokers

The Mediterranean Yacht Broker Association (MYBA) and the International Yacht Brokers Association (IYBA) are two well-recognised and respected organisations in the yachting industry. This year for the first time, IYBA and MYBA joined forces to host the first IYBA/MYBA Summit at the Monaco Yacht Club for more than 100 individuals from the industry’s brokerage community.

The two-day agenda educated guests on a variety of topics, including sustainability, shipyard contracts, cryptocurrency, professional standards, insurance, and the latest design trends.

As avid supporters of the brokerage community and proud sponsors of the event, the Damen Yachting team attended the Summit to meet with many brokers and answer their questions on the yard’s values and developments as part of the event’s Shipyard Speed Dating segment.

Mediterranean Yacht Broker advice for Sellers and Buyers

12 January 2016

Allied Yachting provides these guidelines to guide its customers, covering some of the questions most often raised, when using a yacht Broker in the course of the sale or purchase of a boat:

a) as a Seller’s Broker (when selling a boat) b) as a Buyer’s Broker (when purchasing a boat) c) as both of the above (when being the only intermediary)

ROLE OF A YACHT BROKER

A Broker’s business is to market the Seller’s boat which will include arranging viewings, negotiating the terms of sale, handling the paperwork and obtaining agreement for distribution of the sale price. A Broker may also carry out title and financial checks, provide documentation in support of the vessel’s VAT status and evidence of class, building and several other dispositions compliance. For doing this work the Broker normally charges the Seller (and sometimes the Buyer) an agreed commission fee, generally a total of 10% of the gross sales price for MYBA members.

BROKER REPRESENTATION & INSURANCE

We recommend only using a Brokerage firm that is a member of a representative organisation, like the Mediterranean Yacht Brokers Association (MYBA), since we abide to a very strict code of ethics and operate under clear rules that define the customs and practices of our profession.

At Allied Yachting, our code of ethics demands we have equal responsibilities and duties towards both the Seller and the Buyer.

Yacht Brokers are exposed to boat handling, custody and showings risks as well as errors or omissions in their professional activity, so a serious professional Brokerage firm must have an adequate insurance policy covering these eventual liabilities.

STANDARD CONTRACTS

We advise potential Sellers and Buyers to familiarise themselves with key aspects of these contracts:

Contractual terms of business between Seller and Broker in the form of a Listing Agreement:

• Central Agency Agreement, when proposing a boat for sale under exclusivity
• Sale Mandate – Open Listing/Agency, when proposing a boat for sale with no exclusivity

Standard Sale and Purchase Agreement between Seller and Buyer:

• Memorandum of Agreement (MOA)
• Similar Purchase Order (New boats), Sales Agreement or Bill of Sale

The use of a Co-Brokerage Agreement is also frequent and provides exclusivity for the sale of a boat to 2 joint-Brokers, sharing marketing efforts.

BROKER RESPONSIBILITIES INCLUDE THE FOLLOWING:

• The yacht Broker shall collect all available title documentation from the Seller which should include, class and compliance certificates, evidence of VAT status, registration, outstanding finance, bills of sale from previous owners and builder’s certificate. The Broker should arrange for a new bill of sale from Seller to the Buyer to be completed and passed with all title documentation upon completion.
• The yacht Broker should provide a Sale and Purchase Agreement for review and use by the Seller and Buyer. Amendments to the agreement should be agreed and initialled by both parties.
• The Broker should check as far as possible whether there are any outstanding mortgages, liens or bills relating to the boat and should make sure these sums are settled before completion and before sending the balance to the Seller.
• The Broker should send completion monies to the Seller as soon as the funds have cleared and all documentation has been completed.
• The Broker shall use best endeavours to ensure that all boats offered for sale conform to relevant legislation.
• The Broker should ensure that information given to a Buyer is accurate and that defects known to the Broker must be pointed out to the Buyer and the Seller.
• The use of a Sale and Purchase Agreement (MOA) for a second-hand or pre-owned boat is recommended for use on all occasions. The Sale and Purchase Agreement should include an inventory which itemises the components and accessories included within the sale. The purpose of this is to manage expectations as to what the boat comes with and excludes. The Broker should ensure that the Buyer understands the particulars of the Sale and Purchase Agreement.
• The Buyer should employ a qualified marine surveyor to carry out a full condition survey. The Broker should make sure that a surveyor is entirely independent, even if he recommends him.
• Buyers are also advised to carry out a sea trial to test the boat and check propulsion and other relevant systems in navigation. Buyers should be aware that they are responsible for the costs associated with sea-trial and lift out/in for survey.
• Yacht Brokers should keep sales proceeds entirely separate from their own business account in a bona fide designated Client account or escrow to protect the Buyer’s money.

Upon sale and before completion, the yacht Broker must ensure that the vessel is properly deleted from its previous registry upon the request of the vessel owner or an authorized agent on behalf of the owner. The request must be in writing and must include the vessel’s official number and reason for deletion (Sale). The original Certificate of Deletion (COD) is to be returned by the owner named on the certificate.

At Allied Yachting, we propose this service upon the Sellers’ instruction.

REGISTRATION

At Allied Yachting, we also propose registration service and a Buyer may wish us to transfer the ownership of a registered boat on his behalf. A Buyer can instruct the yacht Broker separately on this issue so that he is acting for the Buyer alone when he transfers title.

If the Buyer, his professional advisors, or the Broker have preliminarily and adequately investigated title then transfer of registry should be simple and straightforward.

Deletion / Registration fees may apply in both cases.

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Vripack Joins MYBA

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By Louise Marsh   7 September 2012

Vripack Brokers, based in the Netherlands, are the first Dutch yacht brokerage house to join MYBA (the Mediterranean Yacht Brokers Association).

Becoming part of this renowned worldwide trade organisation, founded in 1984, means that Vripack can now offer its clients in the superyacht market better security and support.

Maarten Ten Holter, the Director of Vripack Brokers, explains that “Since our foundation we have always been a member of the elite Dutch brokerage association and by joining the MYBA we take our service levels to an even higher level.” Marteen co-founded the brokerage house in the late 1990s with Peter Naeyé, another extemely well-known figure in the superyacht industry

In order to become a member of the MYBA, the broker's team had to pass a thorough accreditation programme, including references, certificates of good standing, comprehensive accountant’s reports and interviews with the MYBA board members.

As the only brokerage house in the Netherlands to be a part of the MYBA, we can provide the best possible terms and conditions for large transactions...

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The Mediterranean Yacht Brokers Association Memorandum Of Agreement

Are all the legal doc­u­ments of the super-yacht cor­rect? At YACHTS INVEST, we also offer a reg­is­tra­tion ser­vice and a buy­er may wish that we trans­fer own­er­ship of a reg­is­tered ves­sel on his behalf. A buy­er may sep­a­rate­ly order the yacht bro­ker on this issue, so that he acts only for the buy­er when the title is trans­ferred. Are there any mort­gages, fees or oth­er charges record­ed against the super-yacht (because they must be unloaded upon deliv­ery)? This is a ques­tion that any pru­dent buy­er should ask, and if you sell, you must make sure that you can pro­vide the tran­script of the record­ing that shows that your supery­acht is not con­t­a­m­i­nat­ed. The process can become more com­pli­cat­ed if he reg­is­ters mort­gages against the super yacht. YACHTS INVEST offers these poli­cies to guide its clients who cov­er some of the issues most fre­quent­ly raised when using a yacht bro­ker in con­nec­tion with the sale or pur­chase of a boat: is supery­acht VAT paid? Or is VAT account­ed for? Has VAT been recov­ered? Who‘s my bro­ker? Do I have to enter into an agency agree­ment? Is the super-yacht fund­ed? If so, the bank‘s agree­ment is gen­er­al­ly required for the sale. It cov­ers all the impor­tant aspects of the law on the yacht in a sin­gle book Is it a supery­acht plea­sure and record­ed pri­vate, or do I want to char­ter the super yacht? Do I want to keep the same flag? Will the cur­rent flag have an impact on the use of the super-yacht? What is relat­ed to chang­ing flags? Will the new flag include this type of supery­acht as a pri­vate or com­mer­cial supery­acht? Sur­round your­self with peo­ple who know what they‘re doing and have a good bal­ance sheet, includ­ing: sur­vey­or, lawyer, super-yacht man­ag­er, bro­ker and vat/accountant advi­sor. Make sure your con­tract, spe­cif­ic terms and con­di­tions are all avail­able in writ­ing. The most com­mon form of the agree­ment for the sale and pur­chase of used super yachts is the Mediter­ranean Yacht Bro­kers Asso­ci­a­tion (MYBA) form of sale and pur­chase, known as the MYBA Mem­o­ran­dum of Agree­ment (MYBA MOA). Addi­tion­al con­di­tions or changes to stan­dard con­di­tions must be record­ed (for example.B. trans­fer of char­ters cur­rent­ly reserved for the sea­son or works to be removed).

It is impor­tant that oral agree­ments be record­ed in writ­ing. You should think care­ful­ly before sign­ing the staff guar­an­tee that sub­scribes to the company‘s sales or pur­chase oblig­a­tions. This can affect the own­er­ship struc­ture you have care­ful­ly set up and cause tax law prob­lems when sell­ing. A bro­ker activ­i­ty involves mar­ket­ing the seller‘s boat, which includes arreas­ing vis­its, nego­ti­at­ing terms of sale, pro­cess­ing paper­work and obtain­ing an agree­ment to dis­trib­ute the sale price. A bro­ker may also con­duct prop­er­ty and finan­cial account checks, pro­vide doc­u­ments sup­port­ing the vessel‘s VAT sta­tus and, after receiv­ing proof of clas­si­fi­ca­tion, build­ings and oth­er rules. 

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Mediterranean Yachts

Founded in 1987, Mediterranean Yachts combines decades of new construction and yacht brokerage experience with a passion for the sea.

We develop unique yachting experiences for our clients through collaborating with the world’s leading superyacht shipyards, lawyers, surveyors and management companies. Our multilingual team based in Puerto Portals, Mallorca can also advise you on high quality charters, technical assistance or service, yacht management, registration, moorings and insurance.

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MEDITERRANEAN YACHT SHOW REGISTRATION NOW OPEN

• Posted 02-11-2020
• Worldwide  
• Boat Show   Industry   International  

Calling all yacht charter brokers, central agents and exhibitors!

It’s time to register for the 7th Mediterranean Yacht Show! The largest luxury crewed yacht charter show in the world is set to take place from the 2nd to the 6th of May 2020 in Nafplion, and we are looking forward to welcoming you there.

The MEDYS is your opportunity to reach out to a global audience of industry professionals and promote your yacht and services. As requests have been incoming long before registration opens, the Greek Yachting Association encourages you to register your interest as soon as possible in order to avoid disappointment.

Every attendee plays an important role in making the show a success and, as you might already know, last year saw 450 international brokers from 31 countries in attendance. That number, together with the fact that, in 2019 the MEDYS officially became the biggest charter show in the world in terms of the total number of registered yachts (102), makes its contribution to yachting tourism in Greece undisputed.

Register online here .

Article URL: https://www.mediterraneanyachtshow.gr/

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Tatarstan Spring Open 2017

Teen center "Limonad"

Assembly Hall

Dinara Khamzina

Registration will be closed on March, 13 or when we reach 70 competitors. Registration fee: * 100 RUB for Rubik's Cube only; * 200 RUB for any 3 events; * 250 RUB more 3 events. Please see the website for more information.

Online registration opened and closed .

Timur Frolov won with an average of 11.50 seconds in the 3x3x3 Cube event. Erik Shakirov finished second (11.56) and Vladimir Vetkin finished third (12.77).