Smart Yacht Chartering Contracts in Türkiye: Legal Tips for Rental and Staffed Boats

Türkiye’s spectacular coastline and globally known blue cruises have made it a premier destination for yacht tourism. However, behind the luxury experience of sailing along the Aegean or Mediterranean lies a critical legal foundation: the yacht charter contract, especially when the agreement involves not just renting the vessel but also employing the crew.

At Bayraktar Attorneys, we assist both yacht owners and charterers in Türkiye with drafting, reviewing, and negotiating yacht charter agreements. This article highlights key points to consider when preparing yacht charter contracts for both bareboat rentals and staffed (crewed) yachts.

Why Are Yacht Charter Contracts Important?

A yacht charter agreement is not merely a rental contract. It governs:

• The use of a valuable marine asset,

• The crew’s roles and obligations, including the captain and other staff,

• The rights and safety of passengers,

• Maintenance, repairs, and technical obligations,

• Financial terms, including fuel, provisioning, and port fees,

• Liability and risk allocation between the owner and the charterer.

Without a well-prepared contract, both owners and charterers may face misunderstandings, unexpected financial burdens, or legal disputes.

1. Staffed Yachts: Who Is Responsible for the Captain?

A common misconception arises with staffed yacht charters.

When renting a yacht with crew, the charterer is paying for the use of the vessel along with the provided services; the charterer is not responsible for the captain’s salary, social security, or employment obligations.

The owner remains responsible for:

• Hiring and remunerating the captain and crew,

• Maintaining lawful employment contracts,

• Ensuring compliance with maritime labor regulations.

However, ambiguously written contracts can give the impression that the charterer is assuming responsibility for the captain’s entire wage, when in fact, they should only cover operational expenses during the charter period, such as meals or discretionary gratuities.

2. Include Penalties for Yacht Unavailability

Many charter contracts stipulate that the owner must notify the charterer 24 hours in advance if the yacht becomes unavailable due to mechanical failure. In practice, however, even a three-day notice during Türkiye’s peak tourist season would leave the charterer without realistic alternatives.

Therefore, well-drafted contracts should include:

• A penalty clause or liquidated damages provision if the owner cancels due to technical failure,

• A contractual obligation on the owner to perform preventative maintenance,

• Clear definitions distinguishing “force majeure” (such as adverse weather) from avoidable technical issues.

Such provisions incentivize the owner to maintain the vessel proactively and protect the charterer’s interests.

3. Clearly Define Ports and Boarding Points

Contracts that fail to specify boarding and drop-off locations can result in logistical and financial difficulties.

For example, without precise terms, the owner could lawfully demand the charterer to board in Tuzla, while the charterer expected embarkation in Bodrum or Göcek.

Effective contracts must clearly define:

• The designated boarding and disembarkation points,

• Any delivery or repositioning obligations,

• Associated costs and who bears them.

This clarity helps avoid disputes and ensures the parties’ expectations are aligned.

4. Turkish Law Imposes a High Standard of Care on Shipowners

Under the Turkish Commercial Code (Türk Ticaret Kanunu), shipowners are held to the standard of a prudent merchant (basiretli tacir).

This entails:

• Exercising diligent supervision over the vessel,

• Conducting regular maintenance and inspections,

• Providing clean, safe, and seaworthy conditions,

• Ensuring passengers are not exposed to unsafe or unsanitary circumstances.

Failure to uphold these duties can lead to civil liability under Turkish law.

5. Recommendations for Charterers and Yacht Owners

Bayraktar Attorneys recommends:

• Drafting clear, detailed contracts that reflect the practical realities of the yacht’s operation,

• Clearly outlining crew responsibilities, payment obligations, and risk allocation,

• Including penalty provisions to protect charterers from last-minute cancellations,

• Ensuring compliance with Turkish maritime, labor, and tourism regulations.

Our team provides comprehensive legal services to:

• Private individuals chartering yachts for leisure or business,

• Yacht owners offering crewed charter services,

• Fleet operators and brokers,

• Foreign investors entering Türkiye’s yacht tourism market.