ABSTRACT
In theory, of course, nothing prevents the parties from chartering a yacht under a duly amended NYPE form5 or indeed an ad hoc agreement. The advantage of doing so would be the existence of a considerable body of judicial decisions for the interpretation of the standard wording and the possibility of tailor-making the contract for the specific use intended by the parties. The disadvantages, however, would include the need for extensive amendments to adapt a form designed for commercial shipping to the needs of the yachting industry, losing the predictability typical of tried and tested wording and adding significant time and effort for what is, after all, a holiday. Thus, for speed, simplicity and consistency, a number of associations have devised their own specialised standard yacht time charter forms6 and MYBA is one of them. What is rather unusual for those conversant with traditional chartering is that the yachting forms are never amended by the brokers involved in the transaction. The very different market forces in operation, the restricted and relatively uncompetitive market interested in the offer and a certain degree of a takeit-or-leave-it attitude, may all be contributing factors to this rigidity which is unknown to mainstream shipping. This makes the topic of this chapter all the more interesting and most definitely relevant to all those involved with the chartering of yachts under the MYBA Form.
