Recent guidelines issued by the Italian Ministry for Tourism and the Ministry of Infrastructure and Transport clarify how law provisions on holiday packages interact with those regulating yacht charters.
The guidelines are relevant for the yachting industry, because they set the boundaries between maritime brokerage and travel organization. In addition, they have direct consequences for charter brokers, travel agents, yacht managers, tour operators and yacht owners.
- Two different legal regimes
1.1 Maritime brokerage
Under Italian law, maritime brokerage is a regulated activity. The so- called “mediatore marittimo” – and, in the yachting sector, “mediatore del diporto” – shall meet professional and integrity requirements, pass an exam and be registered with the Chamber of Commerce. Unauthorized practice may even have criminal implications. In practice, brokers in the yachting sector typically intermediate sales and purchases of yachts; bareboat charters, charters with captain and crew.
This business revolves around the yacht and the relevant risks are indicated under the Italian Recreational Yachting Code (“Codice della nautica da diporto”). In any case, the broker’s role is both commercial and technical, since they care of flag and registration, safety rules, documentation, insurance.
1.2 Holiday Packages
The Italian Tourism Code (“Codice del turismo”), which implements the EU Package Travel Directive, regulates holiday packages.
A holiday package exists, if:
- There are at least two different types of travel services (e.g. passenger transport, accommodation, etc…)
- The services are combined for the same trip,
- The services are sold at an inclusive price,
- The services are provided under a single contract.
Yacht charters, even with the crew, do not qualify as holiday packages. Yacht charters, if associated with another service, may be considered travel packages, for example:
- yacht charter + hotel stays;
- yacht charter + flights;
- yacht charter + land excursions.
- The line between pure yacht charters and holiday packages
The Italian guidelines aim at harmonizing the Tourism Code with the Recreational Yachting Code and give practical directions to both authorities and operators. In essence, they draw a line between:
- Pure charter, which is a single service; and
- Holiday Packages, when the yacht charter is just one service associated with others (flight, accommodation, etc.)
2.1 Pure charter: single-service model
If the product sold to the client is essentially: “the yacht, with or without crew, for a certain period and price” even with food, fuel and other benefits, this is generally a single service. It falls under:
- the Recreational Yachting Code for navigation and safety; and
- the rules on maritime brokerage and commercial use for the contractual and business side.
In this scenario, the yacht broker and mediatore del diporto remain central, and the provisions of Tourism Code regarding holiday packages do not apply.
2.2 Yacht within a package: multi-service model
If the yacht is only one part of a wider experience, and the legal requirements of a package are met, the situation changes.
Typical examples:
- A week-long cruise including yacht charter, scheduled flights and a pre- or post-cruise hotel stay.
- A themed voyage combining yacht charters with land itineraries (ie. wine tours, cultural visits, sports events).
In such cases:
- The tour operator or travel agency is the contracting party and is liable towards the traveler for the entire holiday package, which includes all services.
- If a yacht charter is included, the travel agent does not become the yacht owner, the responsibilities arising from the yacht, crew, safety and compliance remain with the owner and the captain.
- The relationship between the travel agent and the yacht owner is governed by B2B contracts.
The result is a dual system:
- consumer-facing liability under the Tourism Code;
- technical and safety liability under Recreational Yacht Code and/or the Navigation Code.
- Occasional yacht charter (so-called “noleggio occasionale”): a grey area
Italian law also regulates the occasional yacht charter, a specific regime available for pleasure yachts registered in national registers, subject to a limit of 42 days per year and a different tax treatment. In particular:
- The activity is legally considered as non-commercial;
- Professional intermediation of occasional yacht charter still falls within maritime brokerage, not travel agency, unless the occasional yacht charter belongs to a multi-service holiday package.
Owners and brokers shall verify whether such charter may still be considered occasional yacht charter or whether full commercial registration is more appropriate.
- Practical guidance for professionals
4.1 For yacht brokers
- Classify the services
Ask, for each transaction:
– Are we only selling a yacht charter?
– Or are we also selling flights, hotel stays or land excursions? - Stay within the yachting perimeter
Avoid marketing a simple charter as a “package” if there is no second main service. This can confuse clients and may lead to misunderstandings with legal implications. - If offering holiday packages
You shall be prepared to comply with the Tourism Code (pre-contractual information, financial protection, assistance obligations, complaint procedures) and to review your standard terms and insurance in light of organizer-level liability.
4.2 For travel agencies
- Perform due diligence on the yacht
Check registration, certificates, crew, insurance and the commercial status of each vessel. - Negotiate detailed B2B contracts with owners and managers
Clearly allocate responsibilities and confirm that maritime obligations remain with the owner and the captain. - Ensure transparent documentation for passengers
Vouchers, tickets and booking confirmations should mention the relevant yacht, so that passengers can demonstrate a lawful title to be on board during inspections.
4.3 For yacht owners using occasional yacht charter (noleggio occasionale)
- Verify that actual use remains genuinely “occasional”, in line with the legal and tax framework (42 days per year)
- Coordinate closely with tax and legal advisors regarding formal notifications and documentation.
4.4 For captains and yacht managers
- Standardize on-board paperwork
Charter contracts, passenger lists and evidence of payment shall correspond to the yacht’s status (commercial or pleasure). - Train crew on inspection scenarios
Crew should be aware if it is a pure yacht charter or if it is part of a holiday package in order to know which documents to present to the Coast Guard or other authorities.
- Conclusions
The Italian guidelines offer clarity on how yacht charter fits within the broader framework of holiday packages. They do not eliminate all grey areas – especially around occasional charter and complex B2B structures – but they give the yachting industry a more solid reference point. What is clear is that the use of a contract for a holiday package instead of a charter agreement is an abuse of law.
For yachting professionals, the key is to:
- understand precisely in what cases each regime applies;
- build collaborative models in which brokers contribute with their nautical expertise and travel agents contribute with product design and distribution.
After all, the success of any yachting experience starts long before leaving the dock—with the right legal framework in place.