Practice Area
Logistics and Transport Law
Cargo damage, delay and carrier liability in road, sea and multimodal transport involving Türkiye.
Logistics and transport law covers the rights and obligations arising from contracts of carriage by road, sea, rail and multimodal transport. Cargo damage, delay and carrier liability are the most frequent disputes in this field. This page summarises the general framework for information purposes.
What it covers
- Drafting and reviewing contracts of carriage
- Cargo damage, loss and delay disputes
- Carrier, agent and freight-forwarder liability
- Bills of lading, CMR and other transport documents
- Insurance and recourse claims
How the process works
- Establishing the damage: recording a reservation at the time the cargo is received.
- Gathering documents: transport documents, photographs and survey reports.
- Notice periods: complying with the notice periods set by the applicable rules.
- Claim and resolution: demand to the carrier, negotiation, mediation or litigation.
Key documents and early steps
- Consignment note, CMR or bill of lading
- Damage or loss report issued at receipt
- Photographs and survey reports
- Insurance policy and claim correspondence
The most critical step is documenting the condition of the cargo when it is received; accepting cargo without reservation can make later proof difficult.
Common mistakes and risks
- Failing to record damage at receipt
- Missing notice deadlines
- Keeping incomplete transport document entries
- Not reviewing liability limits and insurance cover
Each transport dispute must be assessed on its own facts; this content is general information and not legal advice.
Frequently Asked Questions
- Who is liable when cargo is damaged?
- Liability is allocated among the carrier, sender and receiver according to the mode of transport and the contract. Where the damage occurred and the entries in the transport documents are usually decisive.
- What is the CMR and when does it apply?
- The CMR is the convention governing the international carriage of goods by road. Türkiye is a party, so it commonly applies to international road transport to and from Türkiye.
- Can delay in transport give rise to compensation?
- Compensation may be claimed where the loss caused by delay is proven, within the limits of the contract and the applicable rules. Documenting the loss is essential.
This page is for general information only and does not constitute legal advice. Consult a qualified lawyer about your specific situation.