What owners and guests should ask

If you own a yacht or charter one, you are the person this is all about. You do not need to know the industry to protect yourself. You need to ask a few clear questions and expect clear answers.

Eight questions

1. Who is being paid on this charter, and how much? Ask your broker and your captain for a written list of everyone receiving a fee, commission or benefit connected with it.
2. Is any supplier paying anyone connected with my yacht or charter? If the answer is yes, ask who, how much, and why you were not told.
3. Can I have the itemised APA account? Every purchase, every invoice, every credit. Not a summary.
4. Were quotes compared? For significant purchases, ask to see more than one.
5. Where did discounts and rebates go? Any discount a supplier gives on your order should be on your invoice.
6. What is the policy? Ask your management company or brokerage for its written anti-bribery policy, and how it is enforced.
7. How do crew raise concerns? A good answer is specific. A vague one is information.
8. Would you be comfortable if I called the supplier and asked what they paid? The answer tells you a great deal.

A letter that does it for you

You do not have to be confrontational. A short, polite written request is normal and expected. Use the owner's APA transparency letter, adapt it, and send it before the charter or the season.

Signs worth a second look

• A supplier is recommended with unusual enthusiasm, and no alternative is offered.
• Quotations are vague or not itemised.
• Invoices are not available to you.
• Someone seems uncomfortable when you ask about discounts or credits.
• A supplier asks, or someone asks on their behalf, that arrangements be kept between them.

None of these proves anything. All of them are reasons to ask a question.

If you think you have been overcharged

Keep your documents, and take advice from a lawyer. In many countries, an agent who has accepted a secret benefit can be required to hand it over, and the client may be able to recover from both the person who took it and the person who paid it, whether or not the price was inflated. The details differ: see the law pages. You can also ask us privately for help understanding your options.

General information, not legal advice. See the disclaimer.