MYBA Charter Show 2025: A Celebration of Yachting Excellence and a Call for Ethical Integrity

In the gleaming aisles of the MYBA Charter Show, a troubling reality simmers just beneath the surface: some yacht wine suppliers are offering referral fees to charter brokers.

While referral arrangements are not inherently illegal, when brokers fail to disclose them to clients or employers, they cross a bright ethical—and often legal—line.

This practice strikes at the heart of brokers’ fiduciary duties and undermines MYBA’s publicly stated standards. Yet, despite awareness of "commission" arrangements circulating within the industry, MYBA has not taken visible steps to address the issue. Year after year, suppliers known to offer referral incentives still occupy prime space at the Association’s showcase events.

It is time to call this what it is—and demand better.


Referral Fee or Bribe? Disclosure Makes All the Difference

In legitimate business, a referral fee is a disclosed commission for introducing a client—a normal and lawful practice when conducted transparently.

But when a broker, who owes a duty of loyalty to a client, accepts a fee in secret, the nature of the payment changes entirely: it becomes an undisclosed kickback, breaching fiduciary duty, and potentially constituting bribery or fraud under laws in the EU and the United Kingdom.

The distinction is simple: disclosure and client consent.

Without full transparency, the moment a broker stands to profit personally from recommending a supplier, their advice becomes tainted. Instead of advising in the client’s best interests, they are incentivised to act in their own. This is exactly the kind of conflict MYBA’s own ethical code—and virtually every broker’s employment contract—prohibits.

Concealed kickbacks don’t just tarnish reputations—they risk careers, companies, and even criminal charges.

Receiving a cases of wine or other non-cash rewards without disclosure amounts to exactly the same breach of fiduciary duty. A garage full of “free” wine is no different from a bank transfer in the eyes of the law.

Equally, the existence of an invoice does not legitimise an undisclosed payment. In fact, it leaves a paper trail that could—and likely will—one day come to light.


Breaching MYBA’s Own Charter

MYBA presents itself as the guardian of ethical standards in yachting.

The standard MYBA Charter Agreement demands “ethical and transparent” handling of client funds, particularly the APA (Advanced Provisioning Allowance), which must be spent solely for the client’s benefit.

Undeclared commissions siphoned from the APA represent a gross breach of that trust—and expose brokers, brokerages, and even yacht owners to serious legal and financial liability.

Clients who discover they have been misled or overcharged are increasingly prepared to take legal action, not just against brokers, but against the entire chain of accountability.

It is no defence to say “this is how it’s always been.” We are now living in an age of transparency, scrutiny, and zero tolerance for undeclared conflicts of interest.

One would assume the time to negotiate any commissions is during the contract negotiations it’s unclear why any client would extend their permission to pay anything further in commissions outside of the charter contract.


Ignoring the Wolf in the Fold

Despite repeated discussions about certain suppliers’ commission structures, MYBA’s leadership has so far taken no public position. The Association’s statutes do remind members that “only one commission may be received in any transaction, unless fully declared to all parties”. Yet stands occupied by companies known to pay broker incentives are still a fixture of the show!

Let us be clear: suppliers offering referral fees are not necessarily doing anything wrong. Many industries allow such incentives when handled transparently, with full client disclosure.

At this year’s MYBA Charter Show, at least one prominent wine supplier is circulating a commission contract that explicitly includes a non-disclosure clause. The very presence of a non-disclosure requirement transforms the transaction into a hidden arrangement—one that is fundamentally incompatible with client trust, transparency, and fiduciary duty. And many others have similar offers.

With updated MYBA Charter Agreements now highlighting KYC and compliance, perhaps it is time to apply the same scrutiny to the supply chain. Asking for a supplier’s written anti-bribery policy should be the starting point, not an afterthought.

The aim here is to encourage a conversation the industry clearly needs. Transparency benefits every party: owners, brokers, and reputable suppliers alike.  Let’s keep the playing field level – and the client fully informed – so that the Show remains a showcase for excellence rather than a hunting ground for undisclosed kick-backs.


Inflated Prices: The Hidden Cost to Clients

If suppliers can afford to offer brokers 5–15% kickbacks, where is that money coming from?

The answer is simple: it is built into the pricing.

Yachts sourcing directly from suppliers offering secret commissions are almost certainly overpaying, unknowingly subsidising the secret rewards being paid to their brokers.

This is not just an ethical problem—it is a direct financial harm to charter clients.

True value is found in transparent pricing, not in hidden rebates.


Transparency Over Service: Choose Your Loyalty

Once you accept a kickback from a supplier, you lose your standing to argue about service quality.

If the wine arrives late, damaged, or not as ordered, you’ve compromised your position and must deal with the consequences you created.

When a broker pockets secret incentives, they are no longer a neutral advocate for their client.

And brokers and brokerages need to understand: working with suppliers who offer undisclosed kickbacks will inevitably make you look guilty by association. You cannot claim clean hands if your suppliers operate in the shadows.


Onshore Cellars: Standing Apart

At Onshore Cellars, we believe that trust should not be a marketing point—it should be the minimum standard.

We have found it necessary to publicly differentiate ourselves by doing what should be obvious:

  • We do not offer referral fees.
  • We do not pay hidden incentives.
  • We do not undermine the trust between broker and client for personal gain.

Each year, Onshore Cellars forfeits hundreds of thousands of euros by refusing to participate in the kickback culture. This is not a victimless practice—it distorts the market, damages client trust, and punishes companies that play by the rules.

The time for silent acceptance is over.


Time for Brokers and Brokerages to Choose

Brokers and brokerage principals attending the MYBA Show must ask themselves:

  • Have any of our brokers accepted undisclosed fees?
  • Have we allowed client trust to be compromised?
  • Are we upholding the standards we profess—or profiting from ignoring them?

The reputational risk is enormous. Wealthy clients who feel deceived do not sue quietly. They sue aggressively.

Transparency is not optional. It is the price of credibility.


The Bottom Line

To every charter broker walking the floor of the MYBA Show: this is your moment of truth.

Will you honour the fiduciary duty you owe your client—or trade it away for a xx% kickback on a case of Château Margaux?

Hidden kickbacks and secret commissions have no place in the future of yachting.

The wind is changing. Scrutiny is coming.

Without clear disclosure and client consent, the rule is simple: do not cross the threshold.


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