MYBA E-Contracts Subscription Procedure
MYBA E-Contract Subscription Application Procedure
The MYBA Charter Agreement is made available by MYBA for purchase and use electronically by established, genuine and reputable Yacht Brokers in exchange for a fee and compliance with the Subscription Application requirements and ongoing compliance with the Subscription Terms and Conditions of Use. This document sets out the criteria for application to be a Subscriber Firm/ Individual End User of the MYBA E-Contract. All criteria must be fulfilled in the manner set out or the application will be rejected. Once granted, the subscription may be lost if the subscription criteria are not observed. The E-Contract may only be used by Subscriber Firms or Approved End Users. The use by any other person is prohibited and a breach of the copyright in or of the E-Contract. Furthermore, the terms of the E-Contract subscription shall automatically be disapplied in their entirety should they be so misused. The Applicant should understand that MYBA seeks to uphold the reputation and integrity of the superyacht industry and its requirements are driven by the paramount need to maintain those standards. In addition to compliance with the Requirements, the Applicant must sign and return a copy of the Terms and Conditions.
Description of Service
The Services are the access to the MYBA Charter Agreement in electronic form and licence to use that contract in accordance with these Terms.
An E-Contract subscription is a corporate subscription and is opened on a one per country basis regardless of the number of offices in that country.
Application Requirements for Subscription
- An official company document dated within the last 3 months demonstrating that the company is an established yacht charter brokerage company. This can vary from country to country, for example: a K-bis in France; Companies House record in UK; E-bis in Monaco; a Certificate of Good Standing; etc…
- Evidence of Professional Indemnity Insurance (negligence, errors & omissions cover for your charter brokerage activity) providing cover of no less than either €500,000 or US$500,000 per claim, no annual aggregate, or at such other level as MYBA may from time to time decide, depending on the currency in which the policy is written. Where a US based Subscriber is unable to obtain professional indemnity/errors and omissions insurance then, at the discretion of MYBA, this requirement can instead be satisfied by the Individual Users within the Subscriber having individual equivalent insurance cover in their own name or names (for the same amount as specified by MYBA) (click here for details).
Proof of suitable cover must be provided to MYBA on an annual basis. Failure to comply will result in loss of access.
- Recent references from established, genuine and reputable brokers confirming that the principal business of the Applicant is the charter brokerage and/or charter management of large, professionally crewed yachts and vessels of a minimum length of 20m. Please provide full names and email addresses of referees. (specimen reference form for information)
- Evidence of a dedicated client bank account (click to download standard template)
- A fully completed Individual User form for the principle Individual User as well as for each other broker requiring a login to your account (click here to download)
- A signed and dated copy of the Terms & Conditions of Use of the E-Contract service must be returned with your application file as confirmation of your intention to abide by them at all times, please also initial each page. (click here to download)
- A signed and dated copy of the MYBA Guidelines for Charter Managers & Charter Brokers must be returned with your application file as confirmation that you have read and understand them, please also initial each page. (click here to download)
It is the obligation of all Subscribers/Individual Users of the service who are responsible for signing electronic MYBA Charter Agreements to fully understand and abide by the terms and conditions of the Agreement.
When using the MYBA electronic Charter agreement, users are obliged to ensure that only current MYBA Charter Agreements with a unique serial number on pages 1 & 2 are used in all transactions. Photocopies or computer-generated copies should not be accepted as they may contain modifications and/or errors that may not be immediately apparent.
Users of the service can only be representing the company under which they are applying.
If you believe that your involvement in a dispute process is likely to, or may tend to bring you, and by extension MYBA, into disrepute, please disclose the fact and circumstances of the involvement and this should include details of any judgment or award made against you which has not been honoured by you.
Once the Application has been received, as part of the process, the Applicant’s name and fact of the Application is published [on the MYBA public website, www.myba-association.com, which is fully accessible to the public. – NB this will be available as soon as the website is ready]
If a Subscriber Firm undergoes a change of control and/or undergoes a significant change in the identity of its individual users, then the Subscriber must inform MYBA immediately. MYBA may then, at its discretion, either (i) require the Subscriber to re-submit an application to remain as a Subscriber which will be judged against the then current Application Requirements for new Subscribers Member; (ii) permit the Subscriber to continue the Subscription with the changes; or (iii) suspend the Subscription until it has investigated. Failure to notify MYBA may incur an immediate suspension of access.
If MYBA shall receive any complaints from any parties as to the unethical conduct and/or the non-respecting of industry best practices and/or the misuse of the contract and/or the E-Contract service by an applicant, MYBA may investigate such complaint following which MYBA may in its absolute discretion seek input from the Applicant and/or in relation to the Applicant or refuse the application.
If the applying company fails to establish any of the above requirements to the absolute satisfaction of MYBA, MYBA reserves the right to request more information or to decline the application until such time as the applying company is able to comply fully and clearly with the requirements for subscription.
The E-Contract account will not be activated until ALL the above requirements are met and the required documents have been submitted and approved. Furthermore, the electronic MYBA Charter Agreement will not be available until payment has been made online.
Refusal of Service:
Access to the Services by an applicant may be refused by MYBA in the following circumstances.
a) An applicant contacting directly owners or captains of Yachts with a view to directly arranging charters unless such direct contact has been previously agreed with the Central Agency;
b) An Individual User/Subscriber giving, or allowing access to, the E-Contract service to unauthorised users;
c) Unprofessional and/or unethical behaviour as determined by MYBA in its absolute discretion;
d) Conviction of an applicant or one of its employees of a serious criminal offence, or a criminal offence involving dishonesty;
e) Any breach of these terms and conditions which is not remedied within 14 days of a written notice from MYBA;
f) Any repeated or persistent breach of these terms and conditions;
g) Provision of false, incorrect or misleading information to MYBA regarding the Individual User and/or the Subscriber; or
h) An applicant is declared or becomes insolvent or bankrupt, has a moratorium declared in respect of any of its indebtedness, enters into administration, receivership, administrative receivership or liquidation or threatens to do any of these things, takes or suffers any similar action in any jurisdiction or any step is taken (including, without limitation, the making of an application or the giving of any notice) by it or by any other person in respect of any of these circumstances;
i) An Individual User/Subscriber being in a position of conflict, or allowing a conflict of interest to arise, in relation to the MYBA Charter Agreement.
If the access to Services is suspended or terminated for a Subscriber that shall also apply to all the Individual Users nominated by that Subscriber. In any one of the above cases MYBA reserves the right to apply other disciplinary action and to publish details in its absolute discretion.
MYBA RESERVES THE RIGHT TO REVIEW ALL APPLICATIONS ACCORDING TO ITS PUBLISHED CRITERIA AND TO ACCEPT OR REJECT THEM AT ITS DISCRETION AND BY THE ACT OF SUBMITTING AN APPLICATION, THE APPLICANT ACCEPTS THIS RIGHT.
Fees & Payment
The following subscriptions are available:
25 electronic MYBA Charter Agreements to be used within a 12-month period
MYBA Members and YACHTFOLIO Subscribers – 125€ (+ VAT if applicable)
Non-MYBA Members and non-YACHTFOLIO Subscribers – 250€ (+ VAT if applicable)
This subscription may be renewed if the 25 contracts are used before the 12-month period is over.
Any contract left on the subscription once the 12-month period is over will not be carried forward to the renewed subscription.
12-month Unlimited MYBA Charter Agreements
MYBA Members and YACHTFOLIO Subscribers – 250€ (+ VAT if applicable)
Non-MYBA Members and non-YACHTFOLIO Subscribers – unavailable
The consideration for use of the Services by the Subscriber/individual users shall be the fees that were notified to the Subscriber at the time of application to become a Subscriber, or as changed by MYBA and notified to the Subscriber Firm from time to time after then. The Subscriber shall pay those fees in the manner notified by MYBA to the Subscriber from time to time both regarding the amounts payable and due dates or other terms for payment, including, but not restricted to, any entitlement to refunds.
Copyright and Restrictions
The reproduction of the electronic MYBA Charter Agreement is prohibited unless pre-authorised by MYBA.
MYBA reserves the right to check anytime that the subscribing company still complies with the Application Requirements and the subscription Terms and Conditions of Use and to that end the Subscriber Firm agrees to provide the Company forthwith, upon request, information that the Company may reasonably require. If MYBA finds that it does not comply, MYBA reserves the right to withdraw use of the E-Contract service for non-compliance.
Anyone using the electronic MYBA Charter Agreement form agrees to abide by the current Terms and Conditions of Use as amended from time to time. These Terms & Conditions of Use must be printed, dated & signed and returned with your application file as confirmation of your intention to abide by them at all times.
MYBA E-CONTRACT TERMS & CONDITIONS OF USE (Click to download)
Your application paperwork should be sent to MYBA Admin on email@example.com