Crew expenses refused

[gmakhs]

Hello,
If you have an agreement with the owner of a boat and the skipper to cover all expenses and flights for a delivery of a boat ,but the boat brakes down in halfway so the trip is cancelled .
And they both let you without a returning flight in a foreign country which authority you should contact to help with your diserbacation?

[JPA Cate]

Your own national Embassy, or a lawyer specializing in marine law. It has happened before, and you may be able to find a thread about Boatman's 61's similar predicament in CF Archives, some years back, now; there was another, too, more recently, but I'm sorry, I can't remember the member it happened to.

Ann

[atoll]

best bet would be to speak to the port captain and or the port police where the boat is currently,if you are stuck there without a flight home.

[Greg4cocokai]

Originally Posted by atoll

best bet would be to speak to the port captain and or the port police where the boat is currently,if you are stuck there without a flight home.

Yes, notify the Port Captain. He should not let the vessel depart til dispute is settled.

[boatman61]

Not sure if your saying they have left and you are stuck in a foreign port or they are just refusing to pay you.
It would help if you state your nationality and the country that you are stuck in.. also have you got anything in writing or.. was it just a verbal agreement.
If you are an EU citizen in an EU port you can talk to the Port Captain about a lien against the boat which can stop it leaving port again till the dispute has been settled.
If you are in another country that required a visa for entry the owner/skipper has a legal obligation to fund your repatriation if you say you lack the funds to repatriate yourself.. in which case contact Customs and Immigration and report the situation to them.. they will then enforce the skippers compliance..
It is standard procedure that the owner/skipper is responsible for the crew while in a foreign port..
Or.. as in my case.. find a good marine lawyer.

[Time2Go]

I crew on a lot of boats
and have said this before and i’ll say it again:
As crew, one should never get on a boat
without the personal means to get themselves home
from anywhere along the route.
In addition one should never lose possession
or hand over possession of their passport.
If you don’t have the means to get home
and you don’t have your passport
you run the risk of becoming
a Slave. Sadly this is a 1000 times more
important for lady sailors.
It’s one thing to get beat out of some
money quit another to lose your freedom
or worse.
I hope you get this sorted and home safe
Cheers
Neil

[belizesailor]

Written agreement or just verbal?

[boatpoker]

Have delivered many boats (powerboats only, sailors are too cheap) over the last 30 years between Duluth MN and Antigua. I never step onboard without cash payment in advance + estimated expense money.

[billknny]

In many (most? all???) countries, the Master of the ship is responsible for repatriating any crew that are not carried out of country--for whatever reason. That's part of the difference between "crew" and "passenger".

I would start with local immigration authorities, since that kind of thing falls within their jurisdiction. Most countries take a very dim view of anybody dropping off employees without the means to get home.

This has NOTHING to do with your employment agreement--or lack of it--with the skipper. As part of the check in process to the country he promised to take you out again and not leave you stranded. His ass is on the line with the locals. Assuming he hasn't skipped town yet...


That anybody would even try this speaks volumes about their ethics and knowledge of immigration procedures.

[gmakhs]

he cant skip town the boat had no engine and needs repair , i tried to contact the police and the marina office but they weren't able to help .
i will contact immigration to see if they can help.
i have the money to get back but i find it verry unfair that they can just leave you stranded.

[billknny]

Originally Posted by gmakhs

he cant skip town the boat had no engine and needs repair , i tried to contact the police and the marina office but they weren't able to help .
i will contact immigration to see if they can help.
i have the money to get back but i find it verry unfair that they can just leave you stranded.

What country are you in?

[gmakhs]

Guadeloupe

[boatman61]

Originally Posted by gmakhs

he cant skip town the boat had no engine and needs repair , i tried to contact the police and the marina office but they weren't able to help .
i will contact immigration to see if they can help.
i have the money to get back but i find it verry unfair that they can just leave you stranded.

Dont admit you have the money.. it weakens the case.. and they will go for the easy option.

[Capt Phil]

Boatman 61’s advice is sound... he has been there!
I personally recall a delivery north from Barre Navidad when I pulled into PV to have some repairs done, the Port Capt refused to let us leave until we paid off a crew member of the former owner who had stiffed his crew. A lawyer was involved who was courteous but doggedly defended her client. We ended up paying the former crew member an exhorbitant fee, the lawyer and a few hundred mordida to the Port Capt to get us sprung from puerto Vallarta.
Good thing the new owner (who was aboard) had a fair amount of cash or we would still be in port!
It is a good idea to get funds up front on any trip you sign on for... that was common practice on my west coast deliveries. If an owner balks at that, I would walk! If he or she has forked out close to a million to buy their boat, they should have enough spare cash around to front the delivery costs for cat and crew!
Phil

[billknny]

If you can successfully raise a stink with immigration, the boat will be flagged in the French customs/immigration system. If they try to stop at any other French Islands, they will have a (completely deserved) hassle. As a boat with a history of crew support violations, it is possible they will be required to post a bond before they are allowed into the country. I know that doesn't help you personally, but it might be a bit satisfying.

I am sorry you have this problem. I'll emphasize that this problem is NOT a contract issue with you and the owner/skipper. Even if you had no contract at all--even if you were unpaid crew--the boat's master and owner are still legally responsible for getting you out of country. (For everybody who takes on "pick-up" crew... take note!)

How much money you have or don't have really isn't the issue.

I am guessing the owner is ignorant of these things and is just a miserable, cheap, jerk. The delivery skipper most certainly should not be.