Road and Air Transport Law

Domestic Road Cargo Carriage

In domestic road carriage of goods, the carrier may, as a rule, be liable for loss, damage and delay in delivery that occur from the moment it receives the goods for carriage until it delivers them to the consignee. In determining the scope of liability, the nature of the goods, packaging, the duty of loading and stowage, the consignor’s instructions, the route, the conditions of custody, the suitability of the vehicle and the unavoidability of the damage are assessed.

Principal services in domestic cargo carriage disputes

• Preparing framework carriage contracts and single-trip carriage contracts
• Reviewing transport orders, dispatch notes, delivery documents and commercial records
• Claims for total loss, partial loss, damage and delay in delivery
• Collection of carriage charges and ancillary expenses
• Determining responsibility for loading, stowage, securing, unloading and packaging
• Liability arising from the choice of vehicle, driver and subcontracted carrier
• Damage resulting from incomplete or incorrect information given by the consignor
• Reservations, damage reports and notice procedures at delivery
• The carrier’s limit of liability and cases in which the carrier cannot rely on the limit
• The carrier’s right of retention, and delivery and charges disputes
• Insurance compensation and recourse claims

The contract of carriage should not be confused with the delivery obligation under a sale, supply or work contract. The seller’s delivery obligation, the passing of risk and the carrier’s liability for the goods may constitute different legal relationships.

Under Article 889 of the Turkish Commercial Code, apparent damage, concealed damage and delay in delivery have different consequences as to notice. Failure to give notice of damage and failure to give notice of delay do not lead to the same result. The statute of limitations in Article 855 is assessed separately.

Legal basis: 1, 8

International Road Carriage of Goods and CMR Disputes

In road carriage of goods for reward where the places of loading and delivery are in two different countries, the mandatory provisions of CMR may apply if at least one of the countries is a party to CMR. The parties’ choice of another law in the contract does not by itself remove CMR’s mandatory field of application.

In CMR disputes the consignment note is an important means of proof; however, the failure to issue a CMR consignment note at all, or its non-compliance with the rules, does not in every case negate the existence of the contract of carriage. The order, e-mails, electronic platform records, vehicle tracking data, customs records, invoices, packing lists, weighing records, and delivery and damage documents are assessed together.

Principal subjects addressed under CMR

• Determining whether CMR applies to the carriage relationship
• Reviewing CMR consignment notes and electronic CMR records
• Identifying carriers, actual carriers and successive carriers
• Total or partial loss of goods
• Physical damage to goods, loss of value and salvage value
• Delay in delivery and damage resulting from delay
• The consignor’s responsibility for information, documents, packaging and loading
• Reservations, notices, statute of limitations and time limits for bringing an action
• The kilogram-based limit of liability and disputes over its calculation
• The effect on the limit of liability of an allegation of intent or fault equivalent to intent
• Competent court, arbitration clause and supplementary applicable law
• Recourse among carriers and successive carriage relationships
• The insurer’s subrogation and recourse claims

CMR refers to the Convention on the Contract for the International Carriage of Goods by Road. The 1978 Protocol, to which Türkiye is a party, ties the kilogram-based limit to the Special Drawing Right. The effect of the written claim under Article 32 of CMR on the statute of limitations is not treated as an ordinary damage report, or as a common rule valid for every type of carriage.

Legal basis: 2, 3, 20, 21

Cargo Loss, Damage, Shortage and Delay in Delivery

In a carriage loss, it is not only the amount of the loss that must be proved; it is also necessary to prove the condition in which the goods were handed over to the carrier, the time interval in which the loss arose, and which person is responsible for the loss. For this reason, it is important that the records before carriage, during carriage and at the time of delivery confirm one another.

The following points in particular are addressed in the review:

• The type, quantity, weight and commercial value of the goods
• Whether the packaging is suitable for the conditions of carriage
• Allocation of the duties of loading, stowage, securing and unloading
• Technical suitability of the vehicle or cargo hold
• Temperature, humidity, impact, door-opening and location records
• Seal, weighing, count and delivery records
• Whether the damage was clearly visible at delivery
• Reservations entered on the delivery document
• The content and timing of the written notice
• Separation, safekeeping and expert appraisal of damaged goods
• Repair, reprocessing, sale, destruction and salvage value
• Commercial invoice, market value, customs value and other loss items
• Contributory fault, causal link and limits of liability

Damaged goods, packaging, device records, temperature data or vehicle tracking records should not be disposed of without an examination. Where necessary, preservation of evidence through the court, expert examination and interim injunction options are assessed.

Liability of the Carrier, the Actual Carrier and the Freight Forwarder

The fact that a carriage is performed by more than one company does not mean that the only person liable is the one who actually drove the vehicle. The status of the carrier that contracted with the consignor, the subcontracted carrier that actually performed the carriage, the freight forwarder, the agent, the warehouse operator and the delivery organization must each be determined separately.

In the liability review:

• Who gave the undertaking to carry
• Who issued the invoice and the transport document
• To whom the carriage charge was paid
• Who selected the subcontracted carrier
• Whose control the goods were under at the time the loss occurred
• How liability is allocated in the contract
• Whether the freight forwarder acted only as an intermediary or assumed liability like a carrier
• The relationship of auxiliary persons in performance and subcontractors
• Joint and several liability and internal recourse

are assessed together.

Legal basis: 1, 2, 4

Road Passenger Carriage and Passenger Losses

In intercity or international road passenger carriage, a passenger’s death or injury, or the loss of or damage to baggage, may require the provisions of the contract of carriage, road transport regulations, traffic liability and insurance to be applied together.

In this scope:

• Pecuniary and non-pecuniary damages for passenger injury and death
• Claims for loss of support and loss of working capacity
• Loss of or damage to passenger baggage
• Liability of the carrier, vehicle operator, driver and insurer
• Claims arising from compulsory insurance and other policies
• Reviewing tickets, passenger lists, and accident and health documents
• Administrative obligations relating to passenger transport
• Insurance arbitration, litigation and recourse proceedings

Legal services are provided on these matters.

The examination of fault in a traffic accident and the carrier’s contractual liability to the passenger are not the same matter. Claimants, liable parties, types of insurance and application time limits must be determined separately.

Air Passenger Rights: Flight Cancellation, Delay and Denied Boarding

In an air passenger dispute, the following are decisive: whether the flight is domestic or international, the countries of departure and arrival, the carrier that actually operated the flight, whether the ticket is a single ticket or a connecting one, the cause of the disruption, and the time at which the passenger reached the final destination.

The principal claims within the scope of SHY-YOLCU in Türkiye are the following:

• Denied boarding
• Flight cancellation
• Long flight delay for technical or operational reasons
• Refund of the ticket price or alternative routing
• Care rights such as food, communication, accommodation and transfer
• Late arrival at the final destination
• Refund of the fare for placement in a lower class of service
• Change of flight or reservation without the passenger’s request
• Missing a connecting flight
• The carrier leaving the application unanswered or rejecting the claim

Before making an administrative application concerning passenger rights, a proper application should, as a rule, be made to the air transport operator that is the subject of the complaint. Because baggage, ticketing, private law and consumer claims are not each assessed within the same scope in the SHY-YOLCU administrative application system, the correct application route must be determined.

If the flight has a link to the European Union, the United Kingdom or another country, foreign passenger rights rules may also apply, depending on the place of departure and the status of the carrier. Different compensation regimes in the same incident must be assessed in a way that does not result in double recovery.

SHY-YOLCU is the Regulation on the Rights of Passengers Traveling by Air. Flights operated by Turkish-origin operators to and from airports in Türkiye and flights departing from Türkiye operated by foreign operators are assessed together with the other conditions in the regulation. When a flight is delayed for technical or operational reasons and the passenger reaches the final destination at least three hours late, the compensation and rights of election under Article 7/3 come into play.

Legal basis: 1, 6, 7, 10, 11, 23, 24

The Montreal Convention in International Air Carriage

The Montreal Convention introduces uniform rules on the carrier’s liability in international air carriage of passengers, baggage and cargo that meets its conditions. Passenger death or bodily injury, passenger delay, and the loss, damage and delay of baggage or cargo are each subject to different liability conditions.

With respect to the Montreal Convention:

• Whether the carriage is international in nature
• The places of departure, destination and agreed stopping places
• The contracting and actual carrier
• Whether the loss occurred on board the aircraft, during embarkation or disembarkation, or while in the carrier’s custody
• Whether the baggage is checked or unchecked
• The weight of the cargo and the transport document
• Written complaint and time limits for bringing an action
• Current limits of liability calculated on the basis of the Special Drawing Right
• Whether the carrier can rely on the limit of liability
• Competent court and, for cargo carriage, the arbitration clause

must be examined.

The limits of liability in the Montreal Convention are revised periodically. The amount valid on the date of the event, the type of claim and the conditions of special declaration are examined together. The Special Drawing Right (SDR) is the unit of account of the International Monetary Fund. The liability explanations below are based on the amounts that entered into force on December 28, 2024 and were checked against the ICAO source on October 4, 2026.

In the December 28, 2024 update by the International Civil Aviation Organization (ICAO), 6,303 Special Drawing Rights are provided for passenger delay, 1,519 per passenger for baggage and 26 per kilogram for cargo. 151,880 Special Drawing Rights for death and bodily injury is the threshold in the two-tier liability system; it is not the upper limit of total compensation. Provable loss, special declaration, the contract and the relevant exceptions are examined separately.

Claims for Lost, Damaged or Delayed Baggage

In baggage disputes, although the baggage irregularity report issued at the airport is important, it may not on its own complete the whole claim process. The passenger may also need to meet the time and document requirements of the carrier’s written application system.

The principal records used in the review are the following:

• Ticket, reservation and boarding pass
• Baggage tag and delivery record
• Baggage irregularity report
• Correspondence with the carrier
• Photographs of the baggage and its contents
• Purchase and value documents
• Necessary and reasonable expenses incurred because of the delay
• Repair report or determination that the item is unusable
• The date on which the baggage was delivered or deemed lost

The carrier’s liability conditions may differ for checked baggage, cabin baggage and items on the passenger’s person. For valuables, electronic devices, cash and special items, the carriage conditions and any special declaration of value are examined separately.

If Article 31 of the Montreal Convention applies, a written complaint is required within seven days at the latest from delivery in the case of damage to checked baggage, and within twenty-one days at the latest from the date on which the baggage was placed at the disposal of the person entitled in the case of baggage delay. Where damage is noticed, notice is given without delay. Total loss is assessed separately from damaged or late baggage that has been received.

Legal basis: 4, 5, 9, 22

Air Cargo Carriage and Air Waybill Disputes

In air cargo carriage, the consignor, consignee, contracting carrier, actual carrier, air cargo agent, freight forwarder, ground handling organization and temporary storage operator may assume different responsibilities in the same shipment.

Our principal work in this area:

• Preparing and reviewing air cargo carriage contracts
• Assessing air waybill and electronic air waybill records
• Reviewing the relationship between the master air waybill and intermediate transport documents
• Loss, damage or late delivery of cargo
• Disputes over weight, volume, packaging and declarations
• Carriage of temperature-controlled, pharmaceutical, food and valuable cargo
• Carriage of dangerous goods and lithium batteries
• Damage at the stages of security screening, acceptance, handling and delivery
• Damage occurring during transfer and intermediate storage
• Claims for carriage charges, storage, warehouse fees and other services
• Limits of liability and written notices under the Montreal Convention
• Obligations of authorized agents and known consignors
• Insurance compensation and recourse claims against the carrier

The basic document used in air carriage is the air waybill. The concept of the bill of lading, which is specific to maritime carriage, should not be used in place of an air cargo document unless the multimodal carriage has a maritime leg.

For cargo damage under the Montreal Convention, a written complaint is required without delay after the damage is noticed and within fourteen days at the latest from delivery; for cargo delay, within twenty-one days at the latest from the date on which the cargo was placed at the disposal of the person entitled. The provision on loss of the right to limit liability in Article 22/5, which concerns passengers and baggage, does not apply in the same way to the cargo limit.

Airlines, Agents and Ground Handling Organizations

In air carriage, besides the passenger or cargo carrier, there may be a general sales agent, a ticket sales organization, an air cargo agent, a ground handling organization, a terminal operator and other service providers. The responsibilities of these persons toward the passenger, the cargo interest holder and one another are determined according to the service they have assumed and the contractual arrangement.

In this scope:

• Reviewing general conditions of passenger and cargo carriage
• General sales, passenger sales and cargo sales agency contracts
• Ground handling, representation, supervision, load control and communications contracts
• Code-sharing, joint flights and connecting carriage relationships
• The effect on carriage liability of capacity leasing for non-scheduled flights (charter), capacity allocation and aircraft leasing contracts
• Distinguishing the contracting carrier, the actual carrier and the service provider
• Structuring passenger claim and complaint processes in line with the legislation
• Cargo acceptance, security screening, handling and delivery procedures
• Liability arising from the conduct of subcontracted service providers, agents and personnel
• SHGM inspections, administrative sanctions and regulatory compliance
• Trade secrets, passenger data and international data transfer
• Breach of contract, compensation, recourse, mediation and arbitration

Contract, advisory and dispute services are provided on these matters.

Legal basis: 4, 9, 18

Logistics, Warehousing, Distribution and Cold Chain Disputes

Warehousing, handling, packaging, consolidated shipment preparation, distribution and inventory management services carried out before or after carriage may give rise to separate contractual liability. In order to identify the person liable for the loss, the movement records from the goods’ entry into the warehouse to their final delivery must be examined.

In this scope:

• Preparing logistics and warehousing contracts
• Reviewing warehouse entry–exit, inventory and delivery records
• Disputes over loss, count discrepancies, theft and unauthorized delivery
• Temperature, humidity, hygiene, pharmaceutical and food storage conditions
• Interruption of the cold chain and temperature deviations
• Damage from handling, palletizing, stowage and packaging
• Separating warehouse and carrier liability
• Warehousing and storage fee claims
• Warehouse liability and cargo insurance
• Preservation of evidence, precautionary attachment and interim injunction

Advisory and dispute follow-up services are provided on these matters.

Combined and Multimodal Carriage Disputes

The use of at least two of road, air, sea or rail modes of carriage in the same shipment does not mean that a single liability regime applies to the entire carriage. If the leg of carriage on which the loss occurred can be determined, the special provisions of that mode of carriage are examined; if it cannot, the contract, the applicable law and the structure of the multimodal carriage are examined.

In multimodal carriage, in particular:

• One or more contracts of carriage
• The status of the freight forwarder
• Container and seal delivery records
• Transfer points and intermediate storage
• Road–air, road–sea or other legs of carriage
• The stage at which the loss occurred
• Contradictions among transport documents
• Jurisdiction, arbitration and applicable-law clauses
• Recourse relationships among carriers and insurers

are assessed.

In carriage by vehicles of different types under Articles 902–904 of the Turkish Commercial Code, knowing the place of the loss and the calculation of notice and the statute of limitations are separate matters. Mandatory international conventions are reserved; writing “multimodal” in the contract does not by itself bind all legs of carriage to the same rule.

Legal basis: 1, 2, 4, 14

Transport and Cargo Insurance and Recourse Actions

In a carriage loss, cargo insurance, carrier’s liability insurance, CMR liability insurance, air carrier’s liability insurance, traffic insurance and other policies may all be connected with the same event. Insurance coverage and the carrier’s liability arising from the law may not be of the same scope.

In the insurance review:

• Type of policy, insured interest and coverage period
• Notifications of route, cargo, vehicle and carrier
• Matters outside coverage and special conditions
• Notice of risk and of loss
• Expert appraisal and loss calculation
• Deductible and limit provisions
• Payment of the insurance compensation
• The insurer’s subrogation document and right of recourse
• Claims to be directed against the carrier, subcontracted carrier and third parties
• The relationship of the same loss to more than one policy

are examined.

The insurer’s making a payment does not mean that the carrier is liable in the same amount in every case. In a recourse action, the carriage regime, the limit of liability, the conduct of the consignor or the insured, and the actual loss are reassessed.

Legal basis: 1, 2, 4

Transport Contracts and Risk-Preventive Legal Review

Transport and logistics contracts should clearly define the parties’ areas of responsibility before a loss arises, not only the charge and the route.

The following matters in particular are regulated in the contracts:

• The parties’ status as carrier, freight forwarder, agent or warehouse operator
• The type of carriage, route and delivery points
• The nature and value of the goods and special carriage conditions
• Packaging, loading, stowage, securing and unloading
• Use of subcontracted carriers and service providers
• Delivery time, waiting and delay
• Charges, additional expenses, taxes and payment terms
• Notice of loss, review and sharing of documents
• Insurance obligation and scope of coverage
• Limits of liability and compliance with mandatory provisions
• Force majeure and unavoidable events
• Confidentiality, personal data, trade secrets and cyber security
• Sanctions, export control and customs obligations
• Applicable law, competent court and arbitration
• Termination of the contract and its effect on ongoing carriage

The Incoterms delivery rules of the International Chamber of Commerce may regulate the allocation of costs and risk in a sales contract; however, they do not by themselves determine the carrier’s liability arising from CMR, the Montreal Convention or national transport law.

Legal basis: 1, 2, 4, 14, 18

Carriage of Dangerous Goods and Cargo with Special Conditions

The carriage of dangerous goods, perishable food, pharmaceuticals, chemical products, live animals, valuables and temperature-controlled cargo gives rise, in addition to the contract of carriage, to technical safety and administrative compliance obligations.

In this area:

• Determining the scope of the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) and the obligations of the parties
• Responsibilities of the consignor, filler, packer, loader, unloader and carrier
• Classification, packaging, marking and transport documents
• Vehicle suitability, driver certificate and safety advisory
• Dangerous goods acceptance and security rules in air cargo
• Cold chain and temperature records
• Special equipment in the carriage of perishable food
• Applications against administrative fines and restrictions on operations
• Accidents, leaks, environmental and third-party damage
• Insurance and contractual recourse relationships

are assessed.

Authorization Certificates, Licenses and Administrative Sanctions

Road transport, freight forwarding and air cargo activities may, depending on the type of activity, be subject to an authorization certificate, vehicle registration, professional competence, security approval and inspection by the authority.

Our legal service scope:

• Determining the type of road transport authorization certificate
• Authorization certificate, vehicle certificate and vehicle card procedures
• Regulatory review of agency, cargo, logistics and distribution activities
• Freight forwarder authorization certificate
• Professional and technical competence certificates
• Current obligations concerning motorcycle courier and courier operation
• Transit permits in international carriage, the multilateral quota system of the European Conference of Ministers of Transport (UBAK/CEMT) and quota disputes
• Foreign-plated vehicles and transit carriage procedures
• Applications for authorized air cargo agent and known consignor status
• Administrative actions connected with ground handling and aviation operator contracts
• Inspection records and notices of deficiency
• Administrative fines, and permit suspension or cancellation actions
• Administrative objection, annulment action and requests for stay of execution

Because the types of authorization certificate, financial competence conditions, fees and amounts of administrative sanctions may change, the regulation in force on the date of application or litigation should be taken as the basis.

As for administrative fines, restrictions on operations and cancellation of an authorization certificate, the application authority and the time limit are checked for each action individually. Penalty amounts, permit fees and periodic competence conditions are verified again on the date of application.

Legal basis: 8, 9, 12, 13, 25, 26

Carriage Disputes Connected with Customs and Foreign Trade Transactions

The carrier is not always liable for all the obligations of the customs broker, exporter or importer. Nevertheless, incorrect documents, incomplete declarations, delivery instructions, waiting at customs or damage to the goods during temporary storage may affect the contract of carriage.

In this scope:

• Consistency of the transport document with commercial and customs documents
• The consignor’s responsibility to provide documents and information
• Waiting at customs and additional carriage costs
• Disputes over transit, import and export routes
• Delivery terms and the passing of risk
• Sanctions and export control provisions
• Separating customs administration actions from carrier liability
• Claims connected with the detention, confiscation or return of goods

are assessed.

Details of this area are addressed in the Customs Law and Foreign Trade Disputes practice area.

Legal basis: 1, 2, 4, 14

Mediation, Litigation, Arbitration and Interim Legal Protection

Whether a carriage dispute is commercial, consumer or administrative in nature changes the competent court and the pre-litigation application requirements. In commercial monetary claims and compensation claims, mediation as a condition precedent to litigation; in consumer transactions, the consumer arbitration committee (tüketici hakem heyeti) or the consumer court; and in administrative sanctions, depending on the type of action, an administrative application, the criminal judgeship of peace (sulh ceza hâkimliği) or the administrative courts may come into play. An administrative fine and the suspension or cancellation of an authorization certificate may not be subject to the same application route.

In dispute resolution:

• Court with subject-matter and territorial jurisdiction
• Mediation as a condition precedent to litigation
• Consumer arbitration committee or consumer court
• Insurance Arbitration Commission (Sigorta Tahkim Komisyonu)
• National or international arbitration
• Jurisdiction rules under CMR and the Montreal Convention
• Foreign court judgment or arbitral award
• Precautionary attachment, interim injunction and preservation of evidence
• The carrier’s right of retention and delivery of the goods
• Enforcement proceedings and implementation of the decision

are determined according to the nature of the file.

A jurisdiction or arbitration clause in a contract of carriage may not be valid in every case. Mandatory international jurisdiction provisions, consumer transactions and the manner in which the contract was formed must also be examined separately.

Mediation as a condition precedent to litigation does not apply automatically to every carriage claim. The commercial or consumer nature of the claim, its amount, statutory exceptions and a valid arbitration agreement are checked. Applying to the carrier or the administration does not mean that the time limit for litigation or arbitration has been preserved.

Jurisdiction, Applicable Law and Service of Process in International Carriage Disputes

In an international carriage file, the country where the carrier has its head office, the places of loading and delivery, the country where the loss occurred, the records in the transport document, the parties’ choice of law and the conventions that must be applied are assessed together.

In these files:

• The possibility of bringing an action in Türkiye
• Validity of a foreign court or arbitration clause
• Service abroad on a foreign company
• Translation and certification of documents in a foreign language
• Determining the content of foreign law
• Claims to be directed against a foreign carrier, insurer and agent
• Cross-border effect of interim legal protection orders
• Recognition and enforcement of a foreign judgment
• Enforcement in another country of a judgment rendered in Türkiye

are planned separately.

Legal basis: 1, 2, 4, 10, 15, 16, 17, 19, 25, 26