Maritime, Aviation and Transport Law

The matters we handle within the framework of the maritime trade and carriage provisions of the Turkish Commercial Code No. 6102, the Turkish Civil Aviation Law No. 2920, and international instruments including the CMR and Montreal Conventions:

• Ship registry, ownership of vessels and ship mortgage transactions
• Freight and charter contracts
• Contracts for the carriage of goods and passengers by sea
• Maritime accidents, collision, salvage and general average
• Marine insurance and maritime labour law
• Port operations, cabotage and maritime jurisdictional areas
• Civil and criminal liability arising from marine pollution
• Civil aviation legislation and air passenger rights
• Liability of air carriers for baggage and cargo
• Aircraft registry, aircraft finance and aircraft leasing
• Airport operations, slot allocation and aviation insurance
• Regulations concerning the use of unmanned aerial vehicles and drones
• Aviation accidents and international air carriage disputes
• Road, rail and multimodal contracts of carriage
• International road carriage disputes under the CMR Convention
• Cargo and courier services, warehousing and bonded warehouse relationships
• Logistics service agreements and limitation of carrier liability

Whether a carriage is domestic or international, and whether it is performed by road, sea, air or a combination of modes, changes the applicable law. In our work, the provisions of the Turkish Commercial Code on carriage and maritime trade, the Turkish Civil Aviation Law, the Road Transport Law and the Road Transport Regulation are taken into account, together with international instruments such as the CMR and Montreal Conventions depending on the nature of the matter.

We provide legal support to transport and logistics companies, exporters and importers, manufacturers, cargo owners, insurance companies and maritime and aviation businesses in contractual, regulatory compliance and dispute resolution matters. In drafting or reviewing contracts of carriage and logistics agreements, we address the limits of the duties of the carrier and the freight forwarder, the use of subcontracted carriers, delivery and notice of damage procedures, loading and stowage obligations, freight and ancillary charges, limitation of liability, insurance, and jurisdiction, governing law and arbitration clauses.

In maritime matters, we prepare and review freight and charter contracts, assess bills of lading, sea waybills and delivery instructions, and examine demurrage, detention and port charge claims. We also advise on ship sale, finance, charter and operation, ship registry, ownership and mortgage transactions, maritime claims, the arrest of ships and the provision of security.

In aviation, our work covers air passenger rights claims, baggage and air cargo liability, charter, ground handling, maintenance, supply, sales and agency agreements, and the registration, leasing, financing and insurance of aircraft, where the consistency between technical records, contracts and registry entries is reviewed. Regulatory obligations relating to unmanned aerial vehicles and drones are also within our field of practice.

In road transport and logistics, the consistency between the authorisation certificates held by an undertaking and the activities it actually carries out is assessed, together with obligations relating to vehicle records, professional competence, courier and cargo activities and the carriage of dangerous goods. Cargo and carrier liability insurance claims and subrogated recourse actions by insurers are also handled.

Among the disputes most frequently encountered in transport law are claims for loss of cargo, short delivery, physical damage, deterioration and delay in delivery. Showing that the goods were lost or damaged is not sufficient on its own; the stage at which the damage occurred, whose actual control the goods were under at that time and which rules of law apply must also be established. Equally, a carrier cannot be held liable in every case and without limit merely because damage has occurred.

In such disputes, the contract of carriage, the CMR consignment note, bill of lading or air waybill, delivery documents and reservations, commercial invoices and packing lists, vehicle, container and GPS records, temperature data, photographs, survey reports, insurance documents and operational correspondence must be examined together. Inadequate packaging, faulty loading by the shipper, an incomplete description of the goods or deterioration arising from the inherent nature of the goods may form the basis of a defence.

Maritime disputes frequently concern freight, laytime, demurrage, container detention and port charges, the delivery of cargo to the wrong person or without presentation of the required document, and claims to retain cargo for unpaid freight. The non-payment of freight does not in every case entitle the carrier to retain the cargo indefinitely; the scope of any lien, the maturity of the claim and possession of the cargo must be assessed. Maritime claims may also require prompt consideration of the arrest of a ship before it leaves port.

In aviation, denied boarding, flight cancellations, long delays, missed connecting flights and lost or damaged baggage give rise to passenger claims whose content depends on the points of departure and arrival, the length and cause of the delay and the applicable national or international rules. Recourse actions by insurers, disputes between the main carrier, subcontracted carriers and freight forwarders, and disputes involving dangerous goods and cold-chain cargo are also common.

The process begins with mapping the chain of carriage. The roles of the shipper, the freight forwarder, the contracting carrier, the subcontracted carrier, agents, warehouses, ports, bonded warehouses and the consignee are identified, and the applicable law is determined by reference to the mode of transport, the route, the places of delivery, the contractual terms and any international connection.

Evidence is then secured. Transport documents, delivery records, technical data, packaging, images and correspondence are collected and, where necessary, a request for the determination of evidence is considered. Notices of damage, reservations, limitation and time-bar periods and the conditions for insurance claims are checked, since the periods specific to transport law may differ from the general limitation periods.

The claim or defence is then quantified by reference to the actual loss, freight, expenses, limits of liability, exemptions and possible recourse. For passenger claims under the practice of the Directorate General of Civil Aviation, the application is in principle first made to the air carrier concerned, and where no result is obtained the Directorate General, consumer authorities or the courts may be considered depending on the nature of the incident.

The appropriate course of action is then selected among a formal notice, an insurance claim, mediation, litigation, arbitration, enforcement proceedings, arrest of a ship or other interim measures. For commercial monetary and compensation claims, whether recourse to mediation is a precondition to bringing an action is checked separately, as omitting this step may prevent the action from proceeding.

For corporate clients, the contractual and operational shortcomings that give rise to recurring disputes, such as the selection of subcontracted carriers, damage notification procedures, delivery documentation, standard contracts and insurance structure, are also reviewed. The client is regularly informed about the stages of the process, the possible risks and the legal remedies that may be pursued.