MYBA vs CYBA
The Charter Agreements That Quietly Shape Every Great Yacht Holiday
Anyone who spends enough time around yachts eventually learns a simple truth. The best charters, the ones where everything feels frictionless and inevitable, are always built on a contract that understood the trip long before the engines ever started. Guests see sunsets, perfect anchorages and service that anticipates them. What they never see is the legal scaffolding that made all of it stable.
Two agreements sit at the centre of almost every serious charter: the MYBA Charter Agreement and the CYBA Charter Contract. They grew out of different regions and different historical pricing cultures, but today they operate globally. They protect guests, owners, brokers and crew with the same quiet professionalism that defines a well-run yacht.
This document provides a clear, accurate and fully verifiable comparison of how these two frameworks actually work, and explains why CYBA's flexibility makes it the contract Frontier Yachting uses for Mediterranean charters today.
This comparison is based on the latest contract versions: the MYBA Charter Agreement 2025 E-Contract (launched March 5, 2025) and the CYBA Inclusive Charter Agreement 2023 version. The 2025 MYBA contract introduced significant updates including enhanced data protection provisions (UK GDPR compliance), strengthened confidentiality clauses, and refined force majeure definitions to address modern risks like cyber-attacks and pandemic-related disruptions.
Where These Agreements Come From
The MYBA Charter Agreement developed inside the Mediterranean charter world, where yachts traditionally charged a base charter fee and handled everything else through an Advance Provisioning Allowance (APA). The structure suited the region: large yachts, significant fuel volumes, and high variability in provisioning and harbour costs.
CYBA grew from the Caribbean charter community, where most yachts operated with a more inclusive format. Meals, fuel, permits, mooring fees and general running costs were bundled into the main charter fee.
Both associations eventually formalised their agreements to eliminate ambiguity and standardise expectations. Although each contract retains the logic of its origins, both are now used globally. A CYBA contract is just as legitimate in Monaco as it is in St. Thomas.
What the Charter Fee Actually Includes
This is usually where guests get confused. The table below shows the key differences clearly.
Topic | MYBA | CYBA |
What the main fee includes | Yacht, equipment, tools, consumables, laundry of ship's linen, crew wages, uniforms, crew food, vessel and crew insurance | Yacht, licensed crew, all meals, standard bar, fuel, cruising taxes, clearance taxes, permits, mooring fees, running costs, use of on-board leisure and sports equipment |
What is not included | Fuel, guest food and beverages, harbour dues, local taxes, personal laundry, tenders' fuel, waste disposal, shore utilities, special equipment, ship's agent fees, communications | Premium beverages, diving, excursions, transfers, communications, fishing licences, excessive alcohol, dockage as requested by charterer, ship's agent fees |
How extras are funded | APA (approx. 30%) | Small APA (approx. 5%) |
Suggested gratuity | 10–15% of Charter Fee | 15–20% of Charter Fee |
Regional tradition | Mediterranean | Caribbean (now global) |
The takeaway is simple: MYBA isolates operating expenses. CYBA absorbs most of them into the fee unless specified otherwise. For many travellers, especially those who prefer predictable budgets, CYBA feels more intuitive.
How Payments Move: Who Pays, To Whom, and When
Payment flows determine who controls the funds at each stage. Both agreements rely on the same four actors: the Charterer, the Broker, the Stakeholder, and the Owner. The tables below show the exact payment flow for each agreement.
MYBA Payment Flow
Moment | Who Pays | Who Receives | What Is Paid |
Upon signing (per schedule) | Charterer | Broker, then immediately Stakeholder | 1st Instalment (usually 50%) of Charter Fee |
(at least) One month before charter | Charterer | Broker, then immediately Stakeholder | 2nd instalment (remaining charter fee) + Full APA, Full VAT, any delivery fees, extraordinary expenses |
Start of charter | Stakeholder | Owner | 50% of Charter Fee minus commission |
Day the charter ends | Stakeholder | Owner | Remaining 50% of Charter Fee |
CYBA Payment Flow
Moment | Who Pays | Who Receives | What Is Paid |
Upon signing (per schedule) | Charterer | Broker, then immediately Stakeholder | 1st Instalment (usually 50%) of Charter Fee |
(at least) One month before charter. (sometimes 45-60 days) | Charterer | Broker, then Stakeholder | 2nd instalment (remaining charter fee) + Full APA, Full VAT (if applicable), any delivery fees, extraordinary expenses → if any! |
Start of charter | Stakeholder | Owner | 50% of Charter Fee minus commission |
Day the charter ends | Stakeholder | Owner | Remaining 50% of Charter Fee |
The timing differs, but the logic is the same: clear movements, clear accountability, clear protection. Both use an escrow model, so the Broker never "keeps" client money. The Stakeholder holds everything until it is time to release it.
If a Payment Is Late
Under MYBA:
• The Owner issues written notice to the Charterer.
• If payment still does not arrive, the Owner may treat the agreement as cancelled by the Charterer.
• Payments already made remain with the Owner (net of commission).
• Sums that became due remain payable.
Under CYBA:
• The Broker sends written notice to the Charterer.
• If ten calendar days pass without payment, the Owner may treat the agreement as cancelled.
• Deposits already paid may be retained by the Owner.
No refund is due under either agreement in cases of non-payment.
If the Charterer Cancels
Both agreements follow the same core logic: the closer the cancellation is to the charter date, the more of the paid amounts the Owner retains.
MYBA:
• After signing, the Owner may retain the first instalment.
• If additional instalments have become due, they too may be retained.
• Owner and Broker shall use reasonable efforts to rebook the yacht.
• If the yacht is rebooked, the Charterer receives the net proceeds of the new charter minus 20% and any rebooking expenses.
CYBA:
• If the Charterer cancels before the start date, the Owner may retain all amounts paid and any unpaid amounts remain due.
• Owner and Broker shall use reasonable efforts to rebook the yacht.
• If the yacht is rebooked, the refund is calculated the same way as MYBA (net proceeds minus 20% and expenses).
If the Owner Cancels
This is one of the clearer differences between the two contracts.
MYBA | CYBA | |
Refund of payments | Owner must refund all payments received | Owner must refund all payments received |
Commissions | Owner pays all commissions due to Broker and Stakeholder | Owner pays all commissions due to Broker and Stakeholder |
Liquidated damages | ≥30 days before: 25% of fee 14–30 days before: 35% of fee ≤14 days before: 50% of fee | No liquidated damages schedule |
Delays, Non-Delivery and Force Majeure
Delivery Delays:
MYBA | CYBA | |
Grace period | 48 hours or 1/10th of charter period (whichever is shorter) | 24 hours or 1/7th of charter period (whichever is shorter) |
Remedy | Pro rata refund or extension (if mutually agreed) | Pro rata refund or extension (if mutually agreed) |
Failure to Deliver Due to Force Majeure:
Both allow termination and refund of sums paid (minus commissions), or postponement if both parties agree. CYBA additionally offers a credit/rebooking system where the Charterer can elect to receive a credit for rebooking within 12 months, or alternatively receive a refund less a 35% cancellation charge.
Breakdown During the Charter:
• MYBA has multiple thresholds (12–48 hours, then 48+ hours) with escalating remedies.
• CYBA uses a single threshold of 24 hours minimum.
• Both result in pro rata refunds and the option to terminate.
If the Yacht Is Sold Before the Charter
Both MYBA and CYBA require: written notice to the Charterer, an attempt to transfer the booking to the new owner through novation, and a full refund with commissions paid if novation fails.
• MYBA also includes liquidated damages (25%, 35%, or 50% depending on timing).
• CYBA does not include liquidated damages in this scenario.
Complaints and Dispute Resolution
MYBA | CYBA | |
First step | Complaint to Captain on board | Complaint to Captain; if unresolved within 12 hours, escalate |
Escalation | Written notice to Owner/Broker within 24 hours of event | Written notice to Owner through Broker within 48 hours |
Resolution period | Not specified | 14 calendar days to resolve |
Mediation | Optional (parties may agree) | Required before arbitration |
Arbitration | 3 arbitrators under LMAA rules | 2 arbitrators under Miami Maritime Arbitration Council |
Governing law | English law; arbitration in London | Florida and United States law |
The Purpose of All This
Most guests never think about charter contracts, and that is a good thing. A well-written agreement stays invisible. It protects quietly. It prevents friction. It lets the trip become the trip.
MYBA and CYBA do this in slightly different ways, but with the same intention. Understanding them is not about learning legal language. It is about seeing the structure that holds the experience in place, and gaining the confidence that your holiday is built on something stable.
Once that confidence is in place, the rest is simple.
Step aboard. Breathe. Let the charter unfold exactly as it should.
Discaimer:
All contractual distinctions in this document are drawn directly from the MYBA Charter Agreement 2025 E-Contract (effective March 5, 2025) and the CYBA Inclusive Charter Agreement 2023 version. While this document provides an accurate overview of standard provisions, individual charter contracts may include amendments, special conditions, and addenda that modify specific terms. Contract versions are periodically updated by MYBA and CYBA. This document is for informational purposes only and does not constitute legal advice. Charterers should carefully review their specific charter agreement with qualified legal counsel and their charter broker.