Category: navigation

With its recent order No. 28672 of 29 October 2025, the Third Civil Division of the Italian Supreme Court returned to the issue of lost checked baggage and compensation for passengers. The case involved a Palermo–Verona flight: the passenger had duly handed over the checked baggage to the carrier, but upon arrival the suitcase was never returned. The airline was found responsible for the loss, yet the lower courts rejected the compensation claim due to lack of analytical proof of the baggage’s contents, deeming the equitable assessment of damages inapplicable.

Considering the decision unfounded as well as unjust, the matter was brought before the Supreme Court, which overturned the ruling, affirming that once the loss of the checked baggage is established and the carrier’s liability is identified under the 1999 Montreal Convention, the judge cannot deny compensation merely because the passenger cannot provide detailed proof of the contents and value of every single item. In such cases, damages may—and must—be assessed equitably, within the limits set by the Convention.

This is a fair and significant principle for the effective protection of travelers: it is unrealistic to expect passengers to retain purchase receipts or to be able to prove the contents and value of every item in a suitcase. Judges may rely on common-sense criteria (length of travel, destination, number of bags, nature of the trip) to estimate damages within the maximum liability limits established by the Montreal Convention of 28 May 1999, which governs international air transport of passengers, baggage and cargo (and applies to domestic flights via Article 941 of the Italian Navigation Code). The Convention entered into force in Italy on 28 June 2004.

Regarding baggage-related protection, Article 17(2) of the Convention states: “The carrier is liable for damage sustained in case of destruction, loss or damage to checked baggage, upon condition only that the event which caused the damage took place on board the aircraft or during any period within which the checked baggage was in the charge of the carrier.” It further provides that: “If the carrier admits the loss of the baggage, or if the baggage has not arrived within 21 days from the date on which it ought to have arrived, the passenger may enforce his rights arising from the contract of carriage”.
Article 22 sets out the limitation of liability: “In the carriage of baggage, the liability of the carrier in the case of destruction, loss, damage or delay is limited to 1,519 Special Drawing Rights per passenger, unless the passenger has made, at the time when the checked baggage was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum if required”.
Below is a practical checklist to help passengers avoid losing their right to compensation under the Montreal Convention.

Baggage Checklist – What to Do to Preserve Your Right to Compensation

1. Mandatory Deadlines for Claims
Damaged baggage – Send a written complaint within 7 days of receiving the baggage.
Delayed baggage – Send a written complaint within 21 days from the date the baggage is returned.
Lost baggage – Considered lost after 21 days. File a written complaint within 21 days from the scheduled arrival date.
2. Essential Documents
Complete the PIR (Property Irregularity Report) at the Lost & Found desk at the arrival airport.
Keep your boarding pass and baggage tag.
Collect receipts for essential expenses incurred due to the irregularity.
Document damages with photos or videos.
Send a written complaint via certified email, registered mail, or the airline’s official online form.
3. Practical Tips
Always complete the PIR before leaving the airport.
Send the complaint within the deadlines, even if the baggage is later found.
Include in the complaint: flight number, date, and description of the incident.
Keep copies of all documents submitted to the airline.

****

Unfortunately, problems in air travel do not only involve baggage. Other frequent issues include:

• long flight delays or cancellations;
• denied boarding (overbooking);
• missed connections and lack of assistance from air carriers.

In these cases, passengers are protected not only by the Montreal Convention but also by EU Regulation EC No. 261/2004, which establishes common rules on compensation and assistance in cases of denied boarding, flight cancellation, or long delay, ensuring a high level of passenger protection through minimum rights and predetermined compensation based on flight distance.
If you have suffered baggage loss, damage or delayed delivery, or have experienced flight cancellations, delays, or issues linked to a travel package, you may contact the Firm using the dedicated form or by email to describe your case. We will analyze your situation and determine the most appropriate strategy to safeguard your rights.

Studio Legale Capece Minutolo
Avv. Gianmarco Capece Minutolo

The yacht storage agreement represents one of the most common contractual arrangements in the pleasure boating industry. Although it may appear to be a simple contractual form, it often conceals significant legal pitfalls that are frequently underestimated, potentially giving rise to liability and substantial litigation. Accurate management of the agreement and its related guarantees is essential to protect both the yacht owner and the shipyard.

From a legal standpoint, yacht storage in Italy is considered an atypical contract, under which the shipyard undertakes the primary obligation to custody and safeguard the vessel (usually during the winter lay-up period) and to return it in the same condition as when it was delivered. The contract is concluded by delivery of the vessel to the shipyard and, although no written agreement is strictly required, it is strongly advisable to execute one in order to avoid disputes.

In addition to the main obligation of custody, several ancillary services are commonly provided, such as hauling, launching, washing of topsides, hull cleaning, application of antifouling paint, routine engine maintenance or other technical assistance. The primary liability of the storage provider is the custody in accordance with professional diligence, which entails the obligation to adopt all necessary measures to prevent theft, fire, damage or deterioration. Failure to provide adequate supervision, the absence of security systems or the lack of documentary evidence of the preventive measures adopted may, in the event of damage to the vessel, result in civil and compensatory liability for the shipyard.

For this reason, one of the most relevant aspects of a storage agreement concerns insurance coverage, both for the yacht and for the shipyard. Many yacht owners protect themselves through “Hull and Machinery” insurance cover; however, these insurances do not always automatically extend the coverage to periods when the yacht is stored ashore. It is therefore essential to verify that the insurance covers not only navigation and mooring risks but also those arising from dry storage, hauling and launching operations, handling and possible land transport. An express clause extending coverage to such risks constitutes an essential safeguard for the yacht owner.

From the perspective of the shipyard or storage facility, the most important coverage is the Third-Party Liability Insurance (TPL) policy with extension to property under care, custody and control. This coverage protects against material damage to goods entrusted to the shipyard and represents an indispensable tool of protection for both the operator and its clients. The policy should include the main risk events — fire, explosion, theft, weather damage, vandalism and handling accidents — and should provide adequate limits of indemnity consistent with the value of the vessels stored with specific sub-limits for hauling and launching operations.

The most frequent types of claims and disputes in yacht storage practice include:
• fires or explosions within the storage area causing damage to multiple vessels;
• partial or total theft (of accessories, outboard engines, electronic equipment, or entire units), often due to insufficient surveillance or inadequate security systems;
•    structural damages during hauling or launching caused by handling errors or defective supports;
• water infiltrations or deteriorations resulting from improper storage;
•   meteorological damages (hail, tornadoes, flooding), where liability is often contested among owner, operator and insurer.

To prevent such situations, rigorous documentation management is essential. Each delivery and return of the vessel should be accompanied by a delivery and return report (check-in/check-out), photographs documenting the condition of the yacht and up-to-date copies of the insurance policies. These documents can be decisive in the event of a claim or dispute.

From the shipyard’s standpoint, it is worth recalling the right of retention pursuant to article 2756 of the Italian Civil Code, which entitles the depositary or service provider to retain the vessel until full payment of the storage or maintenance fees. This right constitutes an important means of securing credit but it must be exercised in accordance with the principles of proportionality and good faith, avoiding any abuse that could give rise to further disputes.

In summary, yacht storage is not merely a service provision but involving a complex asset such as a yacht — with a significantly economic and sentimental values — it requires careful legal, technical and insurance management. Drafting the storage agreement must be tailored to the characteristics of the shipyard, the type of custody and the value of the vessels in order to prevent conflicts and ensure safety and operational continuity for both parties.

If you require legal assistance in drafting or reviewing your yacht storage agreement or support in the event of a marine claims, please contact our firm for tailored legal advice and discover how to protect your vessel and your nautical business with effective legal and insurance instruments.

Studio Legale Capece Minutolo
Avv. Gianmarco Capece Minutolo