In the spring, an owner finds his twelve-metre sailing yacht sitting on a cradle in a boatyard in the Morbihan, its keel cracked and its hull scratched. The yard blames a storm in February; the owner, faulty shoring. The winter storage contract runs to one page and says nothing about losses.
A contract of deposit, often combined with other services
Leaving a boat for the winter usually means entering into a paid contract of deposit (dépôt salarié): the boatyard or dry-stack facility receives the boat, keeps it and must return it. Added to this are contracting services: lifting out, shoring, antifouling, works. Each phase has its own regime; damage suffered during lifting falls under handling, damage occurring on the hard standing falls under custody.
The custodian’s obligations
The French Civil Code requires the depositary to take the same care of the thing in its custody as it takes of its own property (Article 1927), a requirement applied more strictly where the deposit is remunerated (Article 1928). It must return the very thing it received (Article 1932), in the condition in which it is at the time of return, deterioration occurring without its fault being borne by the depositor (Article 1933).
The dispute therefore turns on causation. In practice, a paid depositary that does not return the thing in good condition must show that it was not at fault. The yard will thus try to show that the damage resulted from an external and irresistible event, or from a defect inherent in the boat. The owner will argue a breach of the duty of custody: inadequate shoring, a poorly secured cover, lack of supervision, a boat moved without due care.
Evidence, the crux of the dispute
A joint condition report when the boat is hauled out, with dated photographs, changes everything. Failing that, the owner will have to reconstruct the earlier condition: previous survey reports, photographs, maintenance invoices. On return, the damage must be recorded immediately, in writing, before any relaunch, and a joint survey requested. The yard’s general terms and conditions often contain a clause limiting its liability or requiring a claim within a few days: it must be read.
Insurance
The boat’s insurance often covers damage in port, with a subsequent recourse action against the yard. The yard’s professional liability insurance should be identified as soon as the claim is made.
What the firm checks first
- The contract: deposit, contracting services, or both.
- The condition of the boat on haul-out and on return.
- The cause of the damage and the weather data.
- Limitation clauses and time limits for claims.
- The owner’s and the yard’s insurance policies.
For the firm’s involvement, see Yacht purchase, sale and disputes.
Further reading
- Yacht not returned by the skipper or the charterer: recovering the vessel
- Yacht management agreement: obtaining accounts and changing manager
- Hull insurance: challenging a refusal of cover
This analysis is part of the firm’s work in maritime law.
Frequently asked questions
Is the boatyard liable for damage caused by a storm?
Not if the event was irresistible and it took the precautions in custody expected of a paid depositary (Articles 1927 and 1928 of the Civil Code). Shoring and securing are closely examined.
How can the boat’s condition before winter storage be proved?
By a joint condition report, dated photographs, survey reports and maintenance invoices.
Should the relaunch form be signed without reservation?
No: any damage found must be noted in writing before relaunch.