Legal frame
Governing: D.Lgs. 171/2005 (Codice della nautica da diporto) arts 42–48 as amended by L. 70/2026. Builds on: nothing; start here.
One English word, two Italian contracts
In English we say "charter" for almost everything. The Codice does not. It has two separate contracts, and the first job of anyone running a yacht in Italy is to know which one is in the file.
| Locazione (bareboat hire) | Noleggio (crewed charter) | |
|---|---|---|
| Article | 42 | 47 |
| What the customer gets | Use of the unit for a fixed period | The unit (or cabins) for a period or an agreed itinerary, for leisure |
| Who holds the boat | The conduttore (lessee) takes temporary detention | The noleggiante (owner) keeps it |
| Crew | Lessee's problem | Stays employed by the owner |
| Risk of operation | Lessee (art. 42(2), 2026) | Owner |
| Owner's duty | Hand over an efficient, fully equipped, documented and insured unit (art. 45) | Same, crewed, with insurance extended to charterers and passengers (art. 48) |
The 2026 rewrite of art. 42(2) is worth reading slowly: with the unit leased, the lessee "assumes temporary detention and with it the risks deriving from its conduct". That is the line a claims handler will quote after a grounding.
Written form, on board
For imbarcazioni (10–24 m) and navi (over 24 m), both contracts must be in writing on pain of nullity and kept on board in original or certified copy (arts 42(3) and 47(3)). The same applies to sub-leases, assignments and sub-charters. A natante (up to 10 m) is not caught by this rule, although you would be unwise to hire one on a handshake.
WARNING — No paper, no contract A charter "confirmed by e-mail" is not the written contract the Codice demands. If the Guardia Costiera boards and there is nothing on board, you are explaining a void contract and, very likely, an unlawful commercial use.
Late return and time bars
The locazione has two rules owners forget until they need them:
- Late return (art. 43). The contract is not renewed just because the lessee keeps the boat. If the lessee is late through his own fault by no more than one-tenth of the term, the owner does not claim damages but is owed double the contract rate for the extra time, unless the parties agreed otherwise.
- Prescription (art. 44). Rights under the lease prescribe in one year from expiry, or from redelivery in a late-return case.
Worked example (illustrative). A 14-day lease at EUR 28,000 gives a daily rate of EUR 2,000. One-tenth of 14 days is 1.4 days. A lessee who returns the boat one day late owes 2 × 2,000 = EUR 4,000 for that day. Beyond 1.4 days the double-hire rule no longer covers it and the owner is back in the ordinary law of damages.
What noleggio may not be
A noleggio may not be a scheduled service at fixed times between predetermined places (art. 47(2)). Running a daily 10:00 boat from one resort to another and calling it charter is carriage of passengers for payment, which art. 55 punishes separately (and which can cost the skipper his patente for one to three months). The 2026 addition of itinerary charter does not change this: an agreed route for a charter party is still leisure, not a timetable.
TIP — Name the contract correctly Italian contracts drafted from a MYBA template sometimes call a crewed charter a "lease". Make sure the Italian text and the operative clauses describe a noleggio if the crew stays yours. The label drives who carries the risk.
Where this goes next
The rest of the course builds on this split. Commercial annotation (L1.2) is what lets an Italian-flag yacht do either contract; art. 42-bis (L2.2) is a hybrid that sits between them; and the VAT lessons (M5) treat both as "hire, charter and similar" services.