When goods are damaged or lost at sea, determining who bears liability depends on a complex web of contractual terms, international conventions, and Turkish domestic law. This guide provides a practical overview for cargo owners, insurers, and freight forwarders.

The Legal Framework

Turkish maritime law is primarily governed by the Turkish Commercial Code, incorporating principles from the Hague-Visby Rules. Türkiye is not a contracting state to the Hamburg Rules, so the Hague-Visby framework — with its carrier-friendly liability limits and extensive exceptions — applies to most Turkish maritime cargo disputes.

The bill of lading is the key document in any cargo claim. It evidences the contract of carriage, acknowledges receipt of the goods, and — in the consignee’s hands — operates as a document of title.

Establishing Carrier Liability

Under the Hague-Visby framework, the carrier is liable for loss or damage occurring between loading and discharge, unless it can establish one of the enumerated exceptions. The most frequently invoked are: errors in navigation or ship management (the nautical fault exemption), fire unless caused by the carrier’s actual fault, perils of the sea, act of God, and inherent vice of the cargo.

Limitation of Liability

The carrier’s right to limit liability under the Hague-Visby Rules is expressed in SDRs per package or per kilogram — frequently far below the actual commercial value of the cargo. Overcoming the limitation requires proving that the carrier acted with intent to cause damage, or recklessly and with knowledge that damage would probably result — a high threshold rarely met in practice.

Time Limits

Time limits in cargo claims are strict. Under Hague-Visby, suit must be brought within one year of delivery. This period is not extended by settlement negotiations, exchange of correspondence, or appointment of surveyors. Missing the deadline extinguishes the claim.

Practical Steps After a Cargo Loss

• Give immediate written notice to the carrier at the port of discharge
• Commission an independent marine survey of the damaged goods before they are moved
• Preserve all documentation — bill of lading, commercial invoice, packing list, correspondence
• Notify your cargo insurers immediately and obtain their consent before incurring significant expenditure
• Identify the applicable limitation period and commence proceedings before it expires
• Check the bill of lading for arbitration clauses specifying the dispute resolution forum

This article is provided for informational purposes only and does not constitute legal advice.