ABSTRACT
This chapter discusses clause-by-clause commentary on the MYBA Charter. The requirement of exclusivity is clearly an essential one for the charter to be practicable and distinguishes charter parties from cruise tickets. Under the MYBA Form the owner promises not to charter the vessel out to another party during the currency of the agreement. The use of the word "let" in Clause 1 may be interpreted as to create a lease on the yacht whereby possession is transferred from her owner to the charterer in consideration of the payment of hire. Clause 2 provides that the vessel must be delivered to the charterer at the beginning of the charter period. Under the MYBA Charter, however, there seems to be a further complication as the cruising area is further limited to those regions within the cruising area in which the yacht is legally permitted to sail.
