Unhappy After Your Charter? How a Complaint Actually Works

Monday, 09:10. Three days after a 7-night charter. Six guests are home.

The APA statement is in the inbox. The photos are on the phone.

One guest has a list of 5 things that went wrong on board.

Nobody mentioned any of them to the captain.

She writes to the broker and asks what happens now.

The broker answers that morning and gives a date for the next update.

The list is specific, and that helps.

The short answer

A complaint travels from your broker to the yacht’s management or central agent, and from there to the owner. Each step needs an answer, and that is why it takes days.
Under the standard MYBA charter agreement (2017 version), once the stakeholder receives written notice of a complaint, the balance is held for 14 days (Clause 20).
Arbitration (London, with a small claims route under EUR 50,000) exists, and it is rarely proportionate for a typical complaint.
Specific complaints with dates and photos get further than general ones.
A problem raised during the charter can be fixed during the charter. After the charter, the owner has nothing left to fix.

Your own contract governs. Clause wording differs between versions and contract forms, so ask your broker to show you the clause.

Who reads your complaint

Three parties sit between you and a decision.

Your broker. The broker reads it first, answers you, and puts it to the yacht’s management.
The management company or central agent. They run the yacht for the owner. They ask the captain for his or her account.
The owner. The owner decides on anything that costs money.

Each of them has to read, check facts and reply. The captain’s account is one input. The photos and messages you send are another.

Your broker is on your side of that chain. The job is to put your account in front of the owner clearly, and to push for a specific answer.

The 14-day balance hold

Clause 20 of the MYBA charter agreement (2017 version) sets out how the money moves.

Your broker passes the funds to the stakeholder.
The balance goes to the owner on the first working day after the charter, unless the stakeholder has received written notice of a complaint.
Once written notice arrives, the stakeholder holds the balance for 14 days. The 14 appears in square brackets in the form, which marks it as a default, so check your own contract.

If the complaint is settled by agreement in that period, the balance is released as agreed. If neither side has appointed an arbitrator after 14 days, the stakeholder pays the balance to the owner. If an arbitrator has been appointed, the balance stays in a designated account until an award or a settlement.

The clock is short. This is why your broker helps you put the complaint in writing on time, so the stakeholder has it in hand.

Clause 21 is the other half. It asks you to complain to the captain on board, so the time, date and nature of the complaint are noted. If it cannot be resolved on board, you notify the owner or the broker within 24 hours of the event, by voice first if need be, and confirm it in writing as soon as possible, describing the precise nature of the complaint.

That is a high bar for a long list of small things. It is easier when problems are raised as they happen.

Arbitration, and why it is rarely used

Clause 23 of the MYBA charter agreement (2017 version) sends disputes to arbitration in London, under English law. There is a small claims procedure if neither the claim nor the counterclaim exceeds EUR 50,000. Mediation can be agreed at any time, and it is optional.

For a complaint of a few thousand euros, a London arbitration costs time and money out of proportion to the amount.

That is why many complaints are settled by talking. The 14-day balance hold gives that talk a deadline, and your broker’s follow-up keeps it moving.

Caribbean contracts use different forms, often with a 24-hour breakdown threshold and their own complaint deadlines; your broker will show you yours.

How to write a complaint that gets read

A complaint that says the trip was disappointing gives the owner nothing to act on.

A complaint that says what happened gives them something to check.

Dates and times. “Tuesday evening, the air conditioning in the two aft cabins stopped, and was working again on Thursday at noon.”
Photos and short videos, with the time stamp.
What you told the captain, and what the captain said.
What you want. A credit, a day on a future charter, a reply to a question. Say it plainly.
Separate items. Number them, so the reader can find each point and answer it.

Keep the tone calm. A calm account is easier to forward to an owner, and an owner who reads it is more likely to respond to the points in it.

Goodwill and contract rights

Two different things can come out of a complaint.

A contractual remedy applies when the contract gives you one, such as the Clause 12 breakdown remedy on the breakdown page, and the conditions have been met. Written notice and timing usually decide this.

Goodwill is the owner’s choice. An owner may offer a credit, a gesture or a day on a future charter because the experience fell short. No clause requires it.

Items the contract says should be delivered and were not, such as a toy that was broken or a crew position left empty, are different again. These can appear as credits on your APA statement. Your broker asks for them as an item, not as a favour.

What a settlement looks like

If the owner makes an offer and you accept, the terms are confirmed in a short letter.

Ask to see the letter before you sign. It should say who pays, how much, by when, and what it covers.

Your broker reads it with you. If a clause in it surprises you, say so before you sign.

Check your junk folder

Replies from your broker or from management can land in a junk or quarantine folder. This can happen with links and attachments.

If you wrote a complaint and heard nothing, check the junk folder, then message your broker by WhatsApp or text to ask whether the email arrived.

What your broker does

Answers the same day and always tells you when you will hear next.
Puts your complaint to the yacht’s management in writing the same day.
Helps you put the complaint in writing on time, so your rights under the contract stay protected.
Pushes the owner for specific fixes, including credits for things not delivered, shown on your APA statement.
Keeps separate problems separate. A payment question does not hold up a complaint, and a complaint does not hold up a payment that is due.
Chases the APA account and any balance after the charter, and keeps you updated until it is closed.

The money side is on the APA page and the payments page. Cancelling before a charter is on the cancellation page. All the situations are on the hub page.

Questions people ask

How long does a yacht charter complaint take?

It takes days, and sometimes longer. It passes through the broker, the management company and the owner, and each needs to check facts. Your broker tells you when you will hear next.

Can I get money back after the charter?

Sometimes. A contractual remedy depends on the clause and on written notice. Goodwill depends on the owner. Neither is automatic, and your broker cannot promise a result.

What if I did not complain during the charter?

You can still write. It limits what can be done, because the owner could not fix anything on board. Specific facts and a calm tone still help.

Do I have to go to arbitration?

No. Under the MYBA charter agreement (2017 version) it is one route, with a small claims option below EUR 50,000. Many complaints are settled before it comes to that.

Why has nobody replied to my email?

Check your junk and quarantine folders. Then message your broker by phone to confirm it arrived.

What happens to the balance when I complain?

In the MYBA charter agreement (2017 version), written notice to the stakeholder holds the balance for 14 days, per Clause 20. Your broker helps you get that notice in on time.

Tell your broker early, and tell them in writing.

Planning a charter? Start with our yachts, or see what to have ready before you talk to a broker. More guides like this one are in our Knowledge Base.