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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.

• ABYA - Association of Brokers, Yacht Agents View Details
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• MBA - Marine Brokers Association View Details
• MYBA - Mediterranean Yacht Brokers Association View Details
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• YBAA - Northwest Yacht Brokers Association View Details

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The new version of the MYBA Memorandum of Agreement

Let’s look at the key points of the new version of the MYBA Memorandum of Agreement – Part One

by Federico Santini*

The Myba Memorandum of Agreement (also known as the Moa ) is a contract form approved by Myba (Mediterranean Yacht Brokers Association) and most commonly used internationally for the sale and purchase of used yachts . It is a standard contract governed by English law, which consists of a first part, corresponding to the first two pages, to be filled in with the description of the yacht and the specific conditions of sale that are the result of negotiations between the parties, and a second part consisting of standard clauses governing the Seller’s rights and obligations, and finally the general conditions of the sale. Having been widely used and respected by brokers and lawyers for many years, the Moa has been an essential instrument in the buying and selling used yachts.

THE MEMORANDUM OF AGREEMENT HAS FOR MANY YEARS BEEN AN ESSENTIAL INSTRUMENT IN THE BUYING AND SELLING OF USED YACHTS.

Not everyone knows, however, that a new version of the Moa was launched in 2021. It is an update of the model that has been used since 2008 with the aim, on the one hand, to bring it more in line with current market practices and with changes in regulations and, on the other hand, to prevent a number of contractual aspects that are in practice susceptible to disputes between the parties. However, almost two years after the introduction of the E-Moa 2021, the previous version of the contract is still predominantly used, and this is undoubtedly due to the fact that the new version is electronic and can only be completed and used by brokers registered with the Myba. Therefore at least for the time being, brokers who are not members of the association and, above all, lawyers who normally assist the parties in drafting the Moa and its addenda are, at least for now, excluded from accessing this document.

The decision not to allow lawyers to prepare the contract directly and to be able to exchange the drafts prior to signing, except with the broker’s constant intervention on the text, inevitably represents a major obstacle to the dissemination of the new version and the application in the practice of the changes introduced . Therefore, it is hoped that the Myba will approve a widening of the audience of users who can have access to the E-Moa 2021, certainly by adding lawyers active in the yachting sector. This requirement has been expressed several times by many of the most established international law firms and is certainly to be welcomed since the changes made are undoubtedly useful and opportune in the light of the experience and market practice. We therefore begin our examination of these changes which we will continue in the next issue.

A first amendment, and also the most significant, concerns Clause 15 (Seller’s Warranty) which has been extended in two respects , compared to the previous version which only provided for the warranty regarding the Seller’s ownership of the yacht and the absence of mortgages, debts and claims over the yacht. On the one hand, a specific guarantee has been inserted regarding the absence of liability for the payment of Vat on the yacht until the date of completion of the sale in relation to the Vat status of the yacht which, in fact, must be declared in the new box (L) Eu Vat Status, introduced on the first page of the Moa . On the other hand, a specific guarantee has been inserted regarding the absence of debts and/or liabilities deriving from previous charter contracts operating in the case of commercial yachts, which in fact must now be declared in the new box (K) Plesure or Commercial Yacht, introduced on the first page of the Moa .

Of particular importance is the introduction of the Vat guarantee, as this is an absolute change in perspective with obvious consequences in terms of liability . In fact, under the previous regime, the seller did not provide any guarantee and the buyer had the burden of verifying the seller’s correct application of Eu Vat law before signing the Moa and/or completing the sale, with no recourse against the seller in the event of subsequent disputes by the tax authorities. We will continue our analysis of the changes introduced in the Moa in the next issues.

(The new version of the MYBA Memorandum of Agreement – Barchemagazine.com –  January  2024)

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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.

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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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MYBA 2024: The largest yachts for charter in attendance

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By Katie Scott   17 April 2024

Less than a week to go until the latest edition of the  MYBA Charter Show  opens its doors to industry professionals and a stellar fleet of the largest yachts for charter has already been confirmed to attend. Returning to the Marina Molo Vecchio in Genoa, the MYBA 2024 event is the ideal opportunity to discover everything about the most indulgent Mediterranean yacht charters .

Scheduled to run from 22-25 April 2024, the MYBA Charter Show is a trade-only event that offers influencers, brokers, and other industry professionals the chance to get up close to some of the most spectacular superyacht charters and discover more about the beautiful West Mediterranean region.

Expecting more than 50 crewed yacht charters , the latest edition of the established European yacht show  is set to showcase a phenomenal selection of motor yacht charters with an average length of 148.23ft (45.18m), including several show debuts. Here's a look at some of the largest yachts for charter attending the 2024 edition of the MYBA Charter Show.

CARINTHIA VII

A show debut for luxury charter yacht CARINTHIA VII , she is a striking 319ft (97m) Lurssen charter yacht and is the largest charter yacht confirmed so far to attend the MYBA event in Genoa.

Accommodating up to 12 charter guests in a well-appointed eight-cabin layout, she features a compelling line-up of onboard amenities including a spa-quality health and wellness area, an indulgent beach club, an elevator, a great collection of water toys, and Wi-Fi connectivity.

Refitted in 2023, CARINTHIA VII boasts extensive design input from Tim Heywood Design and is an ideal choice for extravagant social or events yacht charters .

A  Derecktor Shipyards yacht charter built in 2010 and later refitted in 2021, 280.10ft (85.6m) charter yacht AQUILA also makes her debut at this year's MYBA event. 

Winning multiple awards at the World Superyacht Awards and the International Superyacht Society Awards, AQUILA boasts an incredible party deck making her an ideal choice for party destinations and Ibiza yacht charters . Offering a DJ booth, AV system, smoke machine, and lights, AQUILA is a luxury yacht charter built to entertain guests throughout the day and night.

Also featuring an impressive water toy collection for action-packed watersports yacht charters and a cinema, charter yacht AQUILA provides endless fun and memories for charter guests of all ages.

Constructed by  Mitsubishi Heavy Industries in 2004 and refitted in 2022, luxury yacht charter EMIR joined the Greece yacht charter fleet this year and boasts an impressive 14-cabin layout for up to 28 sleeping charter guests.

Ideal for events and corporate yacht charters , 270.8ft (82.5m) charter yacht EMIR  hosts a variety of communal spaces across her six decks, with charter guests able to enjoy premium amenities including a generous home cinema, a relaxing piano bar, and an indulgent health and wellness area including a sauna, massage room and spa.

With the capacity to cater to a larger number of charter guests, Greece yacht charters are better value for money and more accessible for larger groups. 

Formerly known as O'REA, 254.11ft (77.7m) superyacht charter MALIA makes her debut at the 2024 MYBA Charter Show sporting an eight-cabin layout for up to 12 charter guests. Built in 2023 and refitted in 2024, she is a highly anticipated arrival at the show, with this event being the first opportunity for many to see her in person.

An elegant addition to the Golden Yachts yacht charter fleet, MALIA has been designed for waterfront living with a spacious beach club and ample alfresco lounge and dining options across her decks. 

Suitable for family yacht charters, amenities onboard include a spa-quality spa facility, plus a great selection of water toys and a deck Jacuzzi offering spectacular views while on Italy or Naples yacht charters . 

Returning for a second year after making her show debut at the 2023 MYBA Charter Show, 251.4ft (76.6m) charter yacht BOADICEA offers optimal indulgence for West Mediterranean yacht charters with four decks of opulence.

Featuring stunning Terence Disdale Art Deco-inspired interiors, this Amels yacht charter was refitted in 2022 and hosts everything needed for a truly unforgettable experience while cruising around the most popular yacht charter destinations .

Some key features onboard include a spacious 14-seater cinema, a touch-and-go helipad, a generous helping of alfresco dining options, and a stunning owner's deck with 180-degree views plus a private terrace, office, and salon.

If you're interested in finding out more about cruising around Genoa and the surrounding area, take a closer look at our complete guide to Italy yacht charters and view some sample Italy yacht charter itineraries .

To arrange for a broker to attend the forthcoming MYBA Charter Show on your behalf, or to enquire about booking one of the attending superyacht charters, contact your preferred yacht charter broker today for availability and details on yacht charter costs .

More superyacht charters attending the 2024 MYBA Charter Show

74m Freire Shipyard 2011 / 2014

63m Codecasa 2003 / 2023

60m Mondo Marine 2017

57m Sanlorenzo 2023

56m Benetti 2005 / 2023

55m Trinity Yachts 2006 / 2023

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By SuperyachtNews 06 Apr 2017

Transparency on broker commission rates needed

It’s important that buying brokers are aware of non-standard commission rates at the earliest point in a sale….

Do brokers earn enough commission to market yachts effectively, or do they earn too much commission? This question inherently divides opinion; owners bemoan exorbitant rates, while brokerage firms will attest that every last penny is spent thriftily on a yacht’s promotion.

“The brokerage market does not have a good avenue for brokers who are signing CAs to advise the industry as to whether the boat is being listed for sale with a standard, or non-standard [lower], commission rate,” explained Northrop & Johnson sales broker, Cromwell Littlejohn, speaking to SuperyachtNews at the Palm Beach International Boat Show.

The standard commission rates are MYBA’s ‘sliding scale’ – 10 per cent on the first $10 million of value, 5 per cent on the second $10 million, and 2.5 per cent on anything above – and the US structure, which is 10 per cent of the gross sales price.

“It causes problems because a broker may show his client a boat, and the client might love it and start making offers, but the broker may not be aware that there is a reduced commission until later in the negotiation.” A non-standard commission rate, if disclosed, will make a listing less attractive for buying brokers and reduce the number of viewings – as such, selling brokers may choose to conceal such information.

“There are many brokers who, in today’s market, can play in segments of the industry they have no experience in,” Littlejohn continues. “A broker might be representing a buyer for the only boat he’s ever going to sell in that size range, so if he finds out the commission rate for a boat is reduced, he’ll just take his client to a different boat. And how would he do that? He would just poison the boat his client was interested in, with misinformation or misleading information.”

Littlejohn’s caveat to this, however, is, “Will a $150 million boat be at a 10 per cent commission rate? No. Or on the sliding scale? No. But, when you take the $250,000 listing, it’s very tough to do your job without the standard structure."

Many will believe that brokers should represent their clients no matter what the commission – and while Littlejohn agrees with this, he adds: “If someone says, ‘here’s the perfect boat for your client, but you’ll make nothing if you sell it’, is that the perfect boat? I’d love to do this for fun and not need a commission, but there has to be a happy medium there.”

Are sellers almost inadvertently setting their brokers up for failure by negotiating a non-standard commission rate prior to a deal being on the table? Industry standards are there because they reinforce best practice – this must be conveyed to sellers.

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IYBA/MYBA Summit 2024 Completed

Event Information:

• 06-06-2024 08:00 AM 06:00 PM Thursday
• 06-07-2024 08:00 AM 06:00 PM Friday

Back by popular demand, the 2nd Annual IYBA/MYBA Summit will be held in Antibes this year! This two-day educational event focuses on professional development, industry standards, and industry networking. 

6 June: Newbuild & Refit Seminar  

Experience the opportunity to network with European Brokers in a one-on-one in-person setting. In 15-minute increments, brokers will be able to schedule valuable meetings to connect with your company and learn more about your product. To register as a vendor for Speed Dating, click here .

Shipyards in attendance:

Amico Co, Sanlorenzo, Damen Yachting, Baglietto, Cantiere Rossini, Feadship, MB92.

7 June: Yacht Sales Charter & the Law Seminar 

Several panel discussions covering the latest sales and legal trends in the industry! 

Panel Topics: 

KYC-Insurance; Charter Liabilities; Demystifying Boat Show Bonds and FTZ’s; Licensing & Flag Considerations; Charter Marketing; Market Intelligence; Professional Standards; Marketing Tools: IYBA/MYBA Digital Services; Introducing the Register for Owner’s Representatives.

€75 PER DAY FOR IYBA/MYBA & YPY MEMBERS

€150 PER DAY FOR NON-MEMBERS 

Fees include seminar & networking for both days. Breakfast, lunch and snacks will be provided. Registration is required.

For sponsorship opportunities, please reach out to Wendy Dobson at [email protected].

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Sale and Purchase under the MYBA Form

• 1. Introduction 232
• 2. Seller’s rights and obligations 234
• 3. Buyer’s rights and obligations 241
• 4. Final provisions 251

1. Introduction

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Lysanderhöhe (Am Trakt Mennonite Settlement, Samara Oblast, Russia)

Lysanderhöhe was a village of the Am Trakt Mennonite settlement in the province of Samara , Russia , founded in 1864, consisting in 1897 of 22 farms, with a population of 119. A part of the population joined the trek to Turkestan in 1891, while others immigrated to America. In 1914 the population was 146. Franz Bartsch , the author of Unser Auszug nach Mittelasien, was the teacher of the village school. After the Revolution of 1917 the cultural and economic level of the village began to decline. Some of the inhabitants went to Canada and others were exiled. Little is known about the fate of those who remained and the later status of the village.

Bibliography

Dyck, Johannes J. based on a text by W.E. Surukin. Am Trakt: A Mennonite Settlement in the Central Volga Region . Translated by Hermina Joldersma and Peter J.Dyck. Winnipeg: CMBC Publications, 1995.

Hege, Christian and Christian Neff. Mennonitisches Lexikon , 4 vols. Frankfurt & Weierhof: Hege; Karlsruhe: Schneider, 1913-1967: v. II, 709.

Surukin, W. E. und Johannes J. Dyck. Am Trakt, Eine Mennonitische Kolonie im Mittleren Wolgagebiet .North Kildonan, Man., 1948.

Cite This Article

Krahn, Cornelius. "Lysanderhöhe (Am Trakt Mennonite Settlement, Samara Oblast, Russia)." Global Anabaptist Mennonite Encyclopedia Online . 1957. Web. 28 Jun 2024. https://gameo.org/index.php?title=Lysanderh%C3%B6he_(Am_Trakt_Mennonite_Settlement,_Samara_Oblast,_Russia)&oldid=144294 .

Krahn, Cornelius. (1957). Lysanderhöhe (Am Trakt Mennonite Settlement, Samara Oblast, Russia). Global Anabaptist Mennonite Encyclopedia Online . Retrieved 28 June 2024, from https://gameo.org/index.php?title=Lysanderh%C3%B6he_(Am_Trakt_Mennonite_Settlement,_Samara_Oblast,_Russia)&oldid=144294 .

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