To the Management of DoYouSpain,
The undersigned, Davide Serio (Tel: +39 338 3006868, Email: davideserio@gmail.com), hereby issues this Formal Notice and Demand (atto di diffida e messa in mora) pursuant to and for the purposes of Article 1218 of the Italian Civil Code, in relation to the extremely serious events that occurred on June 23, 2026, at the CENTAURO RENT A CAR rental station located at Via del Riposo 18, 80100 Naples, Italy.
STATEMENT OF FACTS
Prior to the aforementioned date, the undersigned booked and fully paid through your platform for the rental of a vehicle (Group Skoda Kamiq or similar) for the period from June 23, 2026, to June 29, 2026 (Booking Reference: DYI-211449940), for a total consideration of €137.02.
Upon appearing at the pickup location with all required documentation and burdened with luggage, the staff at the Centauro rental station categorically refused to perform their contractual obligation and hand over the vehicle. The reason provided was the driver’s failure to produce a printed or digital airline ticket.
It must be emphasized that this restrictive clause/condition was nowhere to be found in the main booking conditions provided by DoYouItaly, nor was it highlighted during the checkout process. On the contrary, the contractual documentation in the customer’s possession explicitly stated only that the lack of an inbound flight would result in the charging of a deductible (franchigia), rather than an absolute refusal to honor the contract.
Furthermore, attempts to obtain immediate assistance via your international telephone support line proved futile and costly, resulting only in an interaction with an automated voice response system that was unequipped to handle this emergency.
In order to avoid the total loss of his vacation and the non-refundable hotel services already paid for—and in a clear state of physical and mental distress induced by your breach of contract—the undersigned was forced to make urgent new bookings on his mobile device via your own platform to bypass the block. Following an initial booking that contained a clerical error regarding the date due to the high-anxiety situation, booking DYI-213190489 was finalized at a cost of €160.14.
LEGAL GROUNDS AND LIABILITY
The conduct described above constitutes a blatant violation of the obligations of fairness and contractual performance in good faith (Art. 1375 of the Italian Civil Code), as well as conduct contrary to the duties of transparency and adequate information set forth in Legislative Decree no. 206/2005 (Italian Consumer Code and European equivalents).
The unjustified refusal to deliver the booked vehicle constitutes a fundamental breach of contract (Art. 1218 of the Italian Civil Code), for which your company is directly liable to the consumer for providing misleading, incomplete, or inconsistent information regarding the actual terms applied by the local supplier. Your conduct triggered a financial and non-financial domino effect ("loss of holiday enjoyment" / danno da vacanza rovinata) entirely attributable to your original omission.
DEMANDS AND REMEDIES
In light of the foregoing, the undersigned hereby DEMANDS AND DIRECTS DoYouItaly, jointly and severally with the material supplier Centauro Rent A Car within their respective scopes of liability, to perform the following:
The immediate and full refund of the first unfulfilled booking (DYI-211449940), amounting to €137.02, which failed solely due to your act and fault;
The contractual refund/compensation of the sum paid for the subsequent booking (DYI-213190489), amounting to €160.14, requested as provisional relief for the increased expenses, telephone costs, and non-pecuniary/moral damages suffered due to the service failure.
The aforementioned sums, totaling €297.16, must be credited back to the same payment method used during the booking phase no later than 7 (seven) days from receipt of this notice.
PLEASE BE ADVISED THAT
In the event of a failure to provide a timely response and to fully satisfy the legitimate demands set forth above, the undersigned will promptly instruct legal counsel to initiate formal legal proceedings before the competent courts (including the online mediation/conciliation procedures provided for consumer disputes). In such proceedings, the undersigned reserves the right to seek full compensation for all ancillary financial damages, legal costs, and non-pecuniary damages for the loss of holiday enjoyment.
This letter serves as a formal notice of default (costituzione in mora) and interrupts any applicable statute of limitations.
Sincerely,
Davide Serio
Tel: +39 338 3006868
Email: davideserio@gmail.com
