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
