4 min read
Beyond wine: fuel, yards, tenders and new builds
The same line applies wherever a percentage can attach to money spent for someone else. Where to look, and the questions to ask.
For:Crew and captainsCharter and sales brokersManagement companiesOwners and guestsSuppliers and vendors
Download:PDFWord (editable)
Wine and provisions are the easy example, because the sums are frequent and the incentives are visible. But the principle is the same wherever a trusted person chooses a supplier, and the supplier pays them, in secret, for the order. It does not stop at the wine list.
What follows is not a claim that any of this is widespread or that any named person does it. It is a map of the places where percentages commonly attach to other people's money, and therefore where disclosure matters most.
The principle again
Money spent on behalf of an owner, a charterer or a guest is spent by an agent. A benefit paid to that agent by the supplier, which the owner or charterer has not been told about and has not agreed, is a problem wherever it happens, whatever the product.
Disclosed, agreed commissions are normal. The test remains: was the person whose money it is told, in advance, and did they agree? See Commission or kickback?.
Where to look
| Area | What can happen | Questions to ask |
|---|---|---|
| Fuel and bunkering | A supplier pays a captain, manager or agent a rebate or fee per tonne or litre, or a "service fee" built into the price. | Who is paid on the fuel? Is any rebate on the owner's invoice? Were other quotes obtained? |
| Port, agency and marina services | An agent's fee, a berth surcharge or a "facilitation" payment that finds its way to a decision-maker. | Is the agent's fee in a written agreement, and visible to the owner? Who else receives a share? |
| Shipyard, refit and paint | A percentage on the work paid to the person who chooses the yard or contractor, or who approves variations. | Who recommended the yard? Is anyone paid by it? Is the full contract and every variation visible to the owner? |
| New builds and sales | A commission shared with the owner's captain, manager or representative on a sale or build, without the owner's knowledge. | Who is receiving a commission, and who has agreed to it? |
| Tenders, toys, electronics, interiors | A "thank you" paid to whoever specifies or orders equipment. | Who specified it? Was it compared? Is any benefit paid to them? |
| Surveyors, designers, naval architects, legal and insurance referrals | A fee from the party who benefits, paid to the person who recommended them. | Who recommended them? Are they paid by anyone else for the introduction? |
| Crew placement and recruitment | A fee, paid by the agency to the person who selects it. | Who is paid, and by whom? |
| Wine, provisions, florals, laundry and other everyday supplies | The best-known example. | As above. |
What commentary says
A 2017 SuperyachtNews article, "Kickback… and relax!", reported brokers' criticism of undisclosed commission-sharing between brokers and captains on yacht sales. One broker was quoted as saying: "Ultimately, it is a big transparency issue, because it's a violation of your fiduciary relationship with your employer." The same piece reported that both brokers accepted commission-sharing where the owner knows and consents. That is the line this site draws.
A guide to yacht management fees published by a cost-calculator website warns that "some management companies receive volume rebates from fuel suppliers, chandleries, and marinas — and keep them rather than passing savings to owners." It is a general statement from a low-authority source and we cite it only to illustrate the point: rebates are not the problem. Keeping them without telling the owner is. See the references for the sources and their limits.
Owners: what to do
- Ask for a written list of everyone who receives a fee or benefit on any significant spend: fuel, yard, equipment, agency. Use the owner's letter.
- Ask who recommended each supplier, and whether they are paid by anyone for it.
- Insist on seeing the invoices and the credits, and where each rebate went.
- Consider an independent owner's representative or auditor for large projects, who is paid by you and no one else.
Crew, captains and managers: what to do
- Disclose any rebate or benefit a supplier offers to the owner, and let them decide.
- Pass on every discount to the owner's account. A rebate is the owner's money.
- Compare quotes and keep them.
- Decline benefits personally. Do not accept a "thank you" for sending business.
Suppliers: what to do
- Offer the owner a visible discount rather than a hidden payment to the person who chooses you.
- Publish your prices and your policy.
- Say so to every customer: "We don't pay anyone for an order."
- Make the Vendor Promise.
General information, not legal advice. See the disclaimer.
Seen something like this?
You can raise a concern or ask a question privately. Nothing leaves us without your permission.
Report a concernGeneral information only. This is not legal advice: see the disclaimer.