Legal frame
Governing: D.Lgs. 171/2005 arts 27(7), 40, 42, 42-bis, 43 and 47 (as amended by L. 70/2026); D.M. 1 Sep 2021 arts 4–5. Builds on: L2.1.
Three contracts, three sets of duties
| Contract | What happens | Who commands | Key rule |
|---|---|---|---|
| Locazione (bareboat hire) | You take temporary detention of the boat and the risks of running it (art. 42(2)) | You | Licence if art. 39 requires it; persons up to the CE or type-approval figure |
| Noleggio (crewed hire) | The boat and its crew stay with the operator (art. 47; D.M. 2021 art. 5) | Operator's driver with at least a category A licence | 12 persons maximum on natanti and jet skis (art. 27(7)(c)) |
| Locazione con prescrizione di comandante (bareboat with designated skipper, art. 42-bis) | You hire bareboat but the contract requires a skipper you designate | A holder of at least the UND 2ª classe title | Imbarcazioni only; 12 persons excluding the skipper (fewer if the certificate says so); one hirer, a natural person |
For imbarcazioni and larger yachts the hire contract must be in writing on pain of nullity and kept aboard (art. 42(3)). For natanti the receipt can serve (Lesson 2.1).
The 12-person cap
Twelve is the number to remember. A natante or jet ski run with a crew may not carry more than 12 people, whatever its size. Under 42-bis, the cap is 12 guests plus the skipper. On a bareboat natante the limit is the one in the boat's CE declaration or type-approval certificate (D.M. 2021 art. 4(1)) — for most rental boats well below twelve. The contract states the figure; the Guardia Costiera counts heads.
Art. 42-bis: why it matters
Before May 2026, "bareboat with skipper" sat awkwardly between the two classic contracts. Art. 42-bis now allows it expressly. You remain the hirer and choose the skipper; the skipper must hold at least the professional title in art. 36-bis — the ufficiale di navigazione del diporto di 2ª classe. Both contracts, yours with the owner and yours with the skipper, stay aboard for the whole hire. For crew titles see Working on Yachts in Italy.
Liability and fines
Since L. 70/2026 the hirer is jointly liable with the owner towards third parties (art. 40(2)). For administrative fines, the owner's responsibility is limited to passing your details to the authority — the fine comes to you.
Return the boat late and, unless agreed otherwise, a delay of up to one-tenth of the hire period costs double the hire rate for the extra time rather than damages (art. 43(2)). On a 10-hour day hire that is up to 60 minutes at double rate.
Deposits and checks
The Codice does not regulate deposits; they are a matter of contract. Experienced renters:
- photograph the hull, propeller, cushions and fuel gauge before leaving, with the operator present;
- ask what the deposit covers and what the insurance excess is;
- check lifejackets for every person aboard and that the anchor line is fast to the boat;
- note the fuel policy (full-to-full or pay per hour);
- agree the return time and what to do if the weather turns.
TIP — Get the operator's number into your phone The contract must show it (D.M. 2021 art. 3(2)(d)). Save it before you leave the pontoon, together with 1530.
CAUTION — "Skipper included" at a bargain price Ask which contract you are signing. If it is noleggio, the operator commands and must hold a licence and respect the 12-person cap. If it is 42-bis, you are the hirer and the skipper's title must be at least UND 2ª classe.