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GÜNEŞ & GÜNEŞ LAW FIRM

Transportation, Logistics and Aviation

Legal advisory for carriers, logistics companies and aviation organizations.

Legal support in carriage contracts, cargo and passenger disputes, insurance and regulatory compliance.

Based in Antalya, serving all of Türkiye.

Legal support from transport planning through delivery and dispute follow-up

As GÜNEŞ & GÜNEŞ LAW FIRM, we provide legal advisory to carriers, logistics companies, freight forwarders, storage and distribution companies, and businesses operating in aviation. We also handle the legal claims of shippers, consignees and passengers, within the framework of determining the party to be represented and a conflict-of-interest assessment.

In transport law, the solution is determined by examining together the type of carriage, the route, the contractual relationship, delivery records and the regulations that may apply. We address a company’s day-to-day operations, insurance relationships and international connections within the same legal assessment.

Our legal services in transportation, logistics and aviation

Carriage and logistics contracts

We clarify in the contract the nature of the cargo, the transport route, delivery terms, freight charges, additional costs, loading and unloading liability, and the use of subcontracted carriers. We examine the division of duties among the freight forwarder, carrier, shipper and consignee.

We structure service levels, delivery records, delay, liability, insurance, termination and dispute resolution provisions according to the company’s activities.

We also assess the effect of fuel and currency changes, route changes, border or airspace closures and operational interruptions on price, time, notice and termination provisions within the contract.

International road carriage and CMR

For international road cargo carriage, we assess the conditions for applying the international convention known as CMR, through the transport document, the status of the parties, and delivery and damage records.

Loss, damage, delay, carriage charges, jurisdiction, limits of liability and time limits for claims are addressed according to the concrete conditions of each carriage. It is not assumed that CMR automatically applies to every transport or logistics service.

Cargo loss, damage and late delivery

In claims of shortage, breakage, spoilage, theft, delivery to a wrong address and delay, we run the legal process to collect records, determine the damage and identify the responsible party.

Based on delivery reports, reservations, photographs, tracking data, expert appraisal and correspondence, we prepare compensation claims or the defense against them.

Warehousing, bonded warehouse and distribution services

We structure the legal framework of warehouse and bonded warehouse agreements, goods receipt, stock records, count discrepancies, safekeeping conditions, dispatch and return processes.

We examine liability sharing for subcontracted service providers, warehouse leasing, preparation of e-commerce orders, last-mile delivery and damage occurring during storage.

Air cargo and international air carriage

We assess air waybills, cargo acceptance, carrier and agent relationships, and claims arising from cargo loss, damage and delivery delay.

International regulations that may apply, including the Montreal Convention, are examined according to the flight route and the nature of the carriage. Notice requirements, limitation periods and limits of liability are determined case by case.

Aviation operators and ground services

We provide legal support for contracts on services, supply, maintenance, ground handling, representation and commercial cooperation related to aviation activities.

We assess licensing, authorization, administrative notifications, inspection and sanction processes from a legal standpoint. Technical flight safety and engineering reviews are carried out separately by the competent experts.

Passenger, baggage and flight disputes

We provide legal assessment in disputes arising from flight cancellation, delay, denied boarding, loss or damage to baggage, and passenger transport.

The route to take — application to the carrier, administrative application or judicial remedies — is determined by the nature of the event, the route, the applicable regulation and the party’s status. It is not accepted that every delay leads to the same compensation outcome.

Transport and carrier liability insurance

We separately examine the scope of coverage, exclusions and policy obligations of transport insurance (nakliyat sigortası) and carrier’s liability insurance.

We provide legal follow-up on loss notices, insurance indemnity, grounds for refusal, and recourse claims brought by the insurer against the responsible person. An insurance policy alone does not mean that every loss will be covered.

Transport permits, customs and administrative procedures

We provide legal support on authorization documents, permits, notifications, inspections and administrative sanctions required by the type of activity. We assess the contractual effects of customs waiting, document deficiencies and delivery obstacles.

Customs brokerage (gümrük müşavirliği) and technical compliance services are carried out by the competent professionals; the scope of legal objections and litigation processes is determined separately.

Cold chain and special-category cargo

For food, medicines, temperature-sensitive products, dangerous goods and high-value cargo, we review carriage conditions and the parties’ notice and documentation obligations.

We include temperature records, packaging, loading, delivery and technical reports in the legal assessment. We coordinate verification of technical standards with the relevant experts.

Fleet, facility and business investments

We provide legal support for the purchase and sale, rental, maintenance and finance leasing of vehicles and equipment, use of warehouse and logistics facilities, and transfers of companies or businesses.

From legal due diligence through permits and approvals, security, closing and delivery transactions, we clarify the obligations to be undertaken.

Personnel, subcontractors and personal data

We assess contracts, work arrangements and employment disputes involving drivers, warehouse staff and other employees. In subcontracting relationships, we examine how the work is actually performed and how responsibility is shared.

We provide legal support on privacy notices, access, retention and service provider arrangements concerning the processing of vehicle tracking, camera, delivery, customer and passenger data.

For staff shuttle services, tourist transfers and other road passenger transport models, we separately examine contracts, scope of service, permits and liability relationships according to the nature of the activity.

Transport receivables and commercial disputes

We conduct negotiation and legal follow-up on unpaid carriage and storage fees, waiting charges, set-off, security, termination of contracts and compensation disputes.

Depending on the nature of the file, we assess mediation (arabuluculuk), litigation, enforcement proceedings (icra), arbitration and interim legal protection. For overseas transactions, the need for foreign law and local representation is determined separately.

Multimodal and cross-border shipments

In shipments combining road, air, rail and sea transport, we examine each carriage stage, delivery points and the stage at which the damage claim arose.

Contracting parties, actual carriers, governing law, competent authorities and insurance relationships are assessed together. Where legal steps abroad are needed, coordination with relevant local experts is arranged.

When sanctions, export controls or transit restrictions arise, we determine the legal review needed in terms of the transaction, route and parties. It is not accepted that a force majeure or restriction claim automatically removes all obligations.

Preventive corporate counsel

Within ongoing corporate counsel, we provide logistics and transport companies with continuous contract support, preparation of formal notices (ihtar) and responses, receivables follow-up, personnel processes and legal advisory on administrative procedures.

We address the legal needs of branch, operations, sales and finance teams within a common working arrangement, and prepare document and process recommendations for recurring risks.

Accidents, injuries and claims arising from death

We assess compensation, insurance and liability relationships in accidents occurring during passenger transport, loading and unloading activities, or company operations.

We define the scope of legal follow-up based on incident reports, medical records, expert reports and official investigations. Where a criminal investigation, workplace accident or administrative inquiry exists, we address the related processes together; technical accident analysis falls within the field of competent experts.

Delivery obstacles and unclaimed cargo

We review the parties’ obligations where the consignee refuses delivery, cargo is not collected, delivery instructions are wrong, or cargo is held at customs or in a warehouse, or returned.

We assess the conditions for new instructions, notice, safekeeping, additional expenses and any action on the cargo. Actions such as selling or destroying the cargo, or withholding delivery on the ground of payment, are not recommended before their legal conditions have been examined.

Electronic transport documents and digital records

We provide support in assessing electronic transport documents, e-CMR, electronic delivery confirmations, vehicle tracking, warehouse management systems and operational correspondence for contractual and evidentiary purposes.

We address the source, integrity, access authority and storage of records, and their presentation to an expert review when necessary. The legal effect of an electronic document is assessed based on the applicable regulation and the circumstances of the specific document.

From contract to operations, from delivery to legal follow-up

  1. 01 · Planning and contract

    The parties’ status, route, nature of the cargo or passenger transport, permits, insurance, fees and liability provisions are assessed. If there is a business investment or transfer, the scope of legal due diligence is set up separately.

  2. 02 · Operations and delivery

    An applicable legal framework is prepared for subcontracted carrier and warehouse relationships, document flow, loading and delivery records, and payment and notice obligations.

  3. 03 · Claims and disputes

    The event, time limits, evidence, insurance and responsible parties are examined. The route of application, negotiation, mediation or judicial follow-up is determined according to the file.

Preventive law carried out together with operations teams

Within ongoing corporate counsel, we assess carriage and storage contracts, customer acceptance, subcontractor selection, insurance documents and collection processes together. The aim is to identify legal risks before a dispute arises and to make responsibilities clear.

The operations team’s reporting obligations — which event to report, with which document and to whom; who will prepare formal notices; and which situations require legal review — are clarified at the start of the engagement. The scope of regular meetings and reporting is set out in the service agreement.

Our working method and acceptance of the matter

Request and initial assessment

Your need, the party to be represented, event dates and possible time limits are identified. A conflict-of-interest check is carried out and the necessary information and documents are requested.

Scope and agreement

Attorney fees and service terms are clarified and the agreement is signed. Depending on the nature of the matter, the content of the power of attorney (vekâletname) is prepared; documents, the agreed payment and other obligations are determined.

Acceptance and follow-up

Acceptance and scope of the matter are expressly confirmed, and follow-up obligations are carried out within that scope. The initial consultation, or the transfer of information or documents, does not by itself mean that the file has been accepted.

These explanations do not remove obligations arising from an attorney–client relationship established in a specific case or from law. If there is an urgent deadline, it must be stated clearly at first contact.

Preparing for the first consultation

Business and cargo transport

  • Party information, transport route and chronology of events.
  • Contract, order, CMR consignment note, air waybill and delivery records.
  • Invoices, payments, insurance policy, loss notices and expert appraisal reports.
  • Photographs, tracking and temperature records, emails and formal notices.
  • Delivery obstacle and instruction records, electronic delivery confirmations; and, if there was an accident, incident and health documents.

Passenger and baggage claims

  • Reservation, ticket, flight details and boarding pass, if available.
  • Cancellation or delay notices and correspondence with the carrier.
  • Baggage tag, loss or damage report and expense receipts.
  • Applications made, replies received and periods indicated.

Frequently asked questions about transportation, logistics and aviation

Is the same service provided to the carrier and to the cargo owner?

No. The carrier’s liability and defense are reviewed separately from the claims of the shipper or consignee. The represented party is determined at the outset; parties with a conflict of interest are not represented together in the same dispute.

Does CMR apply to every international carriage?

No. The application of CMR depends on the scope conditions for international road carriage of goods. Without reviewing the route, the type of carriage and the contract, the same regime cannot be applied to all shipments.

Which documents matter when cargo is delivered damaged?

Delivery and damage reports, the transport document, photographs, packaging information, invoices and correspondence are important. Where necessary, expert appraisal and tracking or temperature records are also assessed. Notice and claim periods are checked separately.

Does the absence of a reservation on the delivery document completely extinguish the claim?

Not in every case. Whether the damage was apparent or could be discovered later, the records, the time of notice and the applicable law are reviewed together. For this reason, an assessment cannot be made without documents or without regard to time limits.

Can the freight charge and the full cargo loss be claimed together?

The claim items are assessed based on the link between the loss and the event, and on the applicable liability regime. The contract or international regulations may set limits on liability; not every loss can be claimed automatically and without limit.

Are transport insurance and carrier’s liability insurance the same?

No. The interest protected and the conditions under which coverage arises may differ. The scope of the policy, its exclusions, the insured status and the nature of the event determine which insurance should be pursued.

Can compensation always be obtained for a flight delay?

No. The scope of the flight, the length and cause of the delay, the carrier’s explanations and the applicable passenger rights regulations are reviewed. Care, refund or alternative transport rights and the conditions for compensation are assessed separately.

Are baggage and air cargo claims handled in the same way?

No. The documents, parties and claim conditions for passenger baggage and commercial air cargo differ. The international nature of the carriage, the applicable provisions of the Montreal Convention and the relevant time limits are also examined separately.

Whom should we approach when there is more than one carrier?

The status of the contractual and actual carriers, the delivery points and the stage at which the damage arose are determined. If more than one mode of carriage was used, the provisions applicable to each stage are also taken into account.

Can we get support in the transfer of a warehouse, a vehicle fleet or a logistics company?

Yes. The scope of service can be set for legal due diligence, contracts, permits and approvals, personnel and lease relationships, security, and closing and delivery transactions. Technical and financial reviews are coordinated separately with the relevant experts.

Can a claim be pursued against a carrier abroad?

It is possible depending on the file. The competent authority, the applicable law, the dispute resolution clauses in the contract and the enforceability of a judgment in the relevant country are reviewed. Where local representation is needed, the scope of work with foreign law experts is determined separately.

Does ongoing corporate counsel cover only litigation follow-up?

No. Contract drafting and review, operational notices, receivables management, personnel processes and administrative procedures may also be addressed within the agreed scope. The fee scope for litigation and other special matters is explained in the agreement.

How can we consult if we are abroad?

A Zoom or WhatsApp video consultation can be arranged. Please share your country, city, consultation language and preferred local time. The appointment date and time are confirmed by stating both your local time and Türkiye time; daylight saving time differences are taken into account.

Is a file accepted through the first consultation and the sending of documents?

Not by itself. Acceptance is expressly confirmed within the framework of the service and fee terms, the agreement, the necessary authorization, the documents and the agreed obligations. The scope of the consultation and, if applicable, its fee are communicated before your appointment is confirmed.

Is only material cargo loss assessed in transport accidents?

No. Passenger injury or death, workplace accidents of employees and damage to third parties may give rise to different legal relationships. The party to be represented, the nature of the event, insurance and the applicable regulations are determined, and compensation and related processes are examined accordingly.

Can a carrier sell the cargo if the consignee does not collect it?

No general or unconditional authority can be assumed in this matter. The delivery obstacle, the obligations to obtain instructions and to give notice, the safekeeping conditions and the applicable law must be assessed. Before any sale, destruction or withholding of delivery, the concrete legal basis is examined.

Is an electronic delivery record or e-CMR sufficient evidence on its own?

The type of document, the applicable regulation, who created it and the integrity of the record are important. Electronic records are assessed together with the contract, delivery information and other documents; not every screenshot is accepted as having the same evidentiary weight.

Does a border closure or route change automatically end the contract?

Not in every case. The effect of the event on the contract, the possibility of alternative performance, notices, the parties’ obligations and the applicable law are reviewed. Options such as extension of time, additional cost, adaptation or termination are assessed depending on the file.

Let’s discuss the legal needs of your transportation and logistics activities

We will respond to your request within 48 hours. The scope of the consultation and, where applicable, its fee are communicated before your appointment is confirmed.

info@gunesgunes.com+90 531 883 33 88