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Charter booked through a platform: who is my contract with?
Short answer
A booking platform or agency usually only brokers the charter, and the contract is with the charter company that runs the fleet. The contract names that company, and complaints and claims go to it, with a copy to the platform.
Very few crews book a yacht directly with the base any more. Most go through a booking platform or a charter agency: a big choice of boats, advice in your own language, one invoice. As long as everything goes to plan, nobody asks who the other party to the contract actually is. It matters the moment the boat is not right at check in, the base will not release the deposit, or the cruise is cancelled. Then you need to know where to send a complaint, and it is often not the business you booked with.
In most cases the platform acts as an agent. The charter contract itself is made with the charter company, the business that owns or manages the fleet. You can see this in the contract: it names that company and its address, and often which country's law applies and where disputes are heard, frequently the country of the base. It can be different if the platform sells the charter as its own service, or as a package with flights and accommodation, in which case it may carry responsibility itself. The platform's terms and your booking confirmation tell you which role it has taken on, so read both before you pay.
Before paying, check who is named as the charter company, who the money goes to and who holds the deposit. Report defects on the spot to the base straight away, in writing and with photos, and copy the platform, which can often mediate. Claims for a reduction or a refund go to the charter company as your contracting party, not only to the agent. And damage you cause to others is your own liability whoever brokered the booking; neither the agent nor the charter company takes that off you, which is why many skippers carry skipper's liability cover of their own.
Worth remembering
Platform
brokers, advises, helps in a dispute, usually not liable
Charter company
owes you a sound boat, holds the deposit, receives your claims
Before paying, read who the charter contract names as the charter company.
Questions
What owners ask us about this
Is the booking platform responsible if the boat is faulty?
Usually not, because it only brokers the deal and the charter contract is with the charter company. It can be different if the platform sells the charter as its own service or as a package with flights. The booking confirmation and the platform's terms decide.
Where can I see who my contract is with?
In the charter contract. It names the charter company and its address, and often the governing law and where disputes go. If you have no contract at the time of booking, ask for it before you pay.
Who do I tell about a defect during the cruise?
The base first, straight away and in writing with photos, so it can put things right. Copy the platform in. Any later claim for a reduction goes to the charter company.
Related
Not sure whether you qualify?
Whether it is “Charter booked through a platform: who is my contract with?” or another question: send us your residence and the flag your boat flies. You will get a straight answer in one email; including a no, if that is the answer.
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