CARRIER'S LIABILITY IN THE TRANSPORT OF GOODS BY SEA

I. Introduction

Maritime transport enables the movement of large quantities of goods between countries and continents at relatively low costs. However, loading goods onto a ship and embarking on a long sea voyage carries numerous risks, including storms, collisions, grounding, fire, seawater ingress, cargo shifting, cooling system failures, improper stowage, port delays, and delivery problems.

The international nature of maritime transport also complicates liability disputes. The carrier may be based in one country, the consignor in another, the loading and unloading ports in different states, and the vessel may fly the flag of a third state. The carriage contract may also include provisions for choice of foreign law, jurisdiction of a foreign court, or arbitration.

Therefore, the carrier's liability should be determined not only through the provisions of the Turkish Commercial Code, but also by considering applicable international conventions, conflict of laws rules, transport documents, and contract terms.

Turkey acceded to the Brussels Convention on the Unification of Certain Rules Relating to Bills of Lading of 1924 on 4 July 1955, and the Convention entered into force for Turkey on 4 January 1956. Turkey is not a party to the amendment protocols of 1968 and 1979. Turkey is also not a party to the Hamburg Rules. The Rotterdam Rules, as of July 2026, have only five signatory states and require twenty actions from parties to enter into force; Turkey is not among the signatories or parties to this convention.

However, the acceptance of 666.67 Special Drawing Rights per parcel or unit and two Special Drawing Rights per kilogram limits in the Turkish Commercial Code No. 6102, the explicit regulation of delay in delivery, and the inclusion of the actual carrier's liability demonstrate that Turkish law utilizes contemporary solutions from different international transport regimes.

II. Freight Contract and the Concept of Carrier

According to Article 1138 of the Turkish Commercial Code, the carrier undertakes to transport the goods by sea in exchange for freight. Transportation can be carried out under a voyage charter contract, whereby the entire ship, a part of it, or a specific section of the ship is allocated to the carrier, or it can be carried out under a cargo hold contract, involving the transportation of reserved goods.

The carrier does not necessarily have to be the owner or operator of the ship. What is crucial is that they have undertaken the carriage of the goods by sea in their own name and on their own behalf. A ship charterer, time charterer, or maritime transport company may be a party to the carriage contract and act as the carrier, even if they are not the owner of the ship.

Whether the bill of lading is signed by the carrier or on behalf of the carrier is an important criterion in identifying the carrier. According to Article 1238 of the Turkish Commercial Code, the person who signs the bill of lading in their capacity as carrier, or the person on whose behalf and account the bill of lading is signed, is considered the carrier. If the carrier is not explicitly indicated on the bill of lading, the shipowner may be considered the carrier. Under certain conditions, the representative who issued the bill of lading may also be held liable as the carrier along with the shipowner.

This regulation is particularly important in cases where the carrier's identity is not clearly stated on the bill of lading or where the contract is executed through a maritime group composed of different companies. In practice, the ship's owner, technical manager, commercial operator, charterer, agent, and the shipping company that issued the bill of lading may all be different. To ensure the cargo owner directs their claim to the correct legal entity, the bill of lading, charter party, ship registry, and company relationships must be examined together.

III. Carrier's Essential Obligations

The carrier's primary obligation is to transport the goods agreed upon in the contract from the loading port to the unloading port using a suitable vessel and deliver them to the consignee. However, the carrier's liability is not limited solely to moving the vessel and delivering it to the port of destination.

According to Article 1178 of the Turkish Commercial Code, the carrier is obligated to exercise the care and diligence expected of a prudent carrier during the loading, stacking, handling, transportation, protection, supervision, and unloading of the goods. The carrier must take appropriate technical and operational measures, suitable to the nature of the cargo, to protect the goods during transportation.

Operation of refrigeration systems and temperature records for food products subject to the cold chain, stacking of hazardous materials in accordance with international safety standards, cleaning of tanks for liquid cargo, and protection of warehouses from moisture for dry cargo are concrete manifestations of this obligation.

In container shipments where the container is provided by the carrier, the container must be suitable for the goods being transported. Defects in container doors, water leaks, malfunctioning cooling units, or the presence of residues from previously transported cargo may lead to liability for the carrier.

Even if the carrier has subcontracted loading and unloading operations to independent contractors, terminal operators, or port personnel, it remains liable under certain conditions for the actions of the persons it employs in the performance of the freight contract. Article 1179 of the Turkish Commercial Code defines the term "carrier's agents" to include seafarers, employees of the carrier's business, representatives, and other persons used in the performance of the freight contract.

IV. Seaworthiness, Suitability for the Route and Cargo of the Ship

One of the most important obligations regarding the carrier's liability is ensuring that the vessel is seaworthy, fit for the voyage, and suitable for the cargo. According to Article 1141 of the Turkish Commercial Code, the carrier is obliged to ensure that the vessel is seaworthy, fit for the voyage, and suitable for the cargo in all types of freight contracts.

Seaworthiness refers to a ship's ability to withstand the usual hazards of the sea in terms of its hull, machinery, rudder, navigation, communication, and safety systems. Deficiencies in the ship's physical and technical structure, invalid classification documents, or the absence of mandatory equipment can all constitute seaworthiness.

Seaworthiness refers to a ship having the necessary fuel, chart, crew, documentation, and voyage plan to safely complete a particular journey. Even if a ship is generally seaworthy, it may be unsuitable for a route through a polar region, a narrow channel, or with specific meteorological conditions.

Cargo suitability refers to the suitability of the ship's holds, tanks, cooling systems, and other cargo compartments for the type of goods being transported. Examples of cargo unsuitability include contamination of the new cargo by chemicals left over from previous shipments, seawater entering through hatch covers, or the cooling system failing to maintain the required temperature.

The carrier is liable for damages arising from the unsuitability of the vessel. However, if the deficiency was not discovered until the start of the voyage despite the exercise of the care and diligence expected of a prudent carrier, the carrier may be relieved of liability. Therefore, the liability is not absolute liability based on consequences, but rather aggravated fault liability based on the duty of care.

The fact that a vessel has received certification from a classification society or has passed official inspections does not, by itself, absolve the carrier of liability. While these documents may constitute evidence in favor of the carrier, the carrier's liability continues if it is proven in the specific case that the necessary maintenance was not performed or a known defect was not rectified.

V. Period of Responsibility

The carrier's liability for the goods covers damages occurring while the goods are under the carrier's control. According to Article 1178 of the Turkish Commercial Code, the goods are considered to be under the carrier's control from the moment they are received by the carrier from the shipper or a person acting on their behalf until they are delivered to the consignee. In some ports, if the goods need to be delivered to official authorities or mandatory terminal operators, the start and end of the liability period are determined according to these delivery procedures.

The carrier's liability period is not limited solely to the "tackle-to-tackle" period between the moment the goods are loaded onto and unloaded from the ship. The Turkish Commercial Code recognizes a broader period of control, extending from the moment the goods are received by the carrier until they are delivered to the consignee.

However, the parties may make contractual arrangements regarding certain obligations incumbent upon the carrier before loading and after unloading of the goods, as per Article 1244 of the Turkish Commercial Code. Clauses that preemptively eliminate or reduce the carrier's liability during the core phase of maritime transport to below legal limits are, as a rule, invalid.

The fact that the goods have been delivered to the terminal does not, in any case, mean that the carrier's control has ended. It should be investigated whether the terminal operator is acting on behalf of the carrier or the consignee, whether a delivery order has been issued, whether the bill of lading has been presented, and whether the goods have been physically made available for the consignee's disposal.

VI. Loss of Property

Loss of goods refers to the complete or partial failure to deliver the goods being transported. Loss of cargo due to ship sinking, containers falling into the sea, theft, or delivery to the wrong person can all constitute total or partial loss.

Even if the physical existence of the goods is preserved, the loss of the owner's ability to dispose of them can also be considered a loss in a legal sense. In particular, if the goods are delivered to an unauthorized person without a bill of lading, a loss occurs for the true owner even if the goods are physically present.

According to Article 1178 of the Turkish Commercial Code, if goods are not delivered within sixty consecutive days from the expiration of the required delivery period, the person entitled to claim compensation may consider the goods lost. This provision prevents the rightful owner from having to wait indefinitely in cases of prolonged delays where the whereabouts of the goods are unknown.

The plaintiff claiming loss must first demonstrate that the goods were delivered to the carrier and not to the consignee. Bills of lading, loading documents, delivery receipts, customs records, and terminal records are important in this regard.

VII. Damage to Property

Damage is defined as a decrease in the economic value, usability, or commercial suitability of an item, even if it is not completely lost. Breakage, wetting, spoilage, soiling, rusting, crushing, or damage to the packaging can all be considered damage.

Even if there is no visible change in the physical structure of the goods, they may lose their commercial value. Exceeding the specified temperature range for cold chain products may make it impossible to sell them for health and safety reasons, even if the product is not yet visibly spoiled.

Proof that damage occurred under the carrier's control is usually established by comparing the condition of the goods during loading and unloading. A statement on the bill of lading indicating that the goods were received in good condition externally constitutes significant evidence against the carrier. If the carrier has not expressed any reservations about the apparent condition of the goods, it can be assumed that they were received in good condition externally. Article 1239 of the Turkish Commercial Code regulates the evidentiary value of records on the bill of lading regarding the type of goods, their markings, the number of packages, their weight, and their externally apparent condition.

In "shipper's load, stow and count" shipments where the container is filled and sealed by the shipper, it is possible for the carrier to raise a reservation that it could not inspect the contents of the container. However, this reservation does not render the carrier completely liable for the transportation, protection, and external damage to the container.

VIII. Delay in Delivery

A delay in delivery occurs if the goods are not delivered within the time agreed upon in the freight contract. If no specific delivery time has been agreed upon, a reasonable time that could be expected from a prudent carrier, taking into account the specifics of the case, shall be taken as the basis.

In case of delay, even if the goods are eventually delivered, it is possible for their market value to decrease, the production line to stop, the sales contract to be cancelled, or seasonal products to be marketed on time. However, it cannot be said that the carrier is liable without limit for all indirect and direct damages. There must be an appropriate causal link between the damage and the delay, and the damage must be of a nature that allows for compensation according to the general principles of contract law.

The carrier's liability for delay is limited to two and a half times the freight payable for the delayed goods. This amount cannot exceed the total freight payable according to the freight contract. In cases where delay occurs together with loss or damage, the total liability cannot exceed the upper limit applicable in the event of total loss of the goods.

To claim damages for delay, the consignee must notify the carrier in writing within sixty consecutive days of the delivery date. Failure to notify within the specified time will result in the loss of the right to compensation for delay damages.

IX. Carrier's Fault and Burden of Proof

The carrier's liability is primarily based on fault. However, in maritime trade, since it is often impossible for the party involved with the cargo to know about the events and technical processes on board the ship, the burden of proof is specifically regulated.

The injured party must first establish, approximately, whether the goods were delivered to the carrier in good condition or as stated in the bill of lading, whether the goods were lost, damaged, or delivered late, and whether the damage occurred during the carrier's period of control.

After these conditions are proven, the carrier must prove that the damage did not result from the intent or negligence of himself or his agents. Article 1179 of the Turkish Commercial Code stipulates that the carrier shall not be liable for damages arising from causes not attributable to the fault of the carrier or its agents; the burden of proof that there is no fault rests with the carrier.

It is not always sufficient for the carrier to merely claim that the cause of the damage cannot be determined. If the source of the damage cannot be explained and the goods were damaged while under the carrier's control, the carrier may need to demonstrate with concrete evidence that it fulfilled its duty of care. Ship logs, hold temperature records, weather reports, maintenance documents, cargo plans, and terminal records are important for evidentiary purposes.

X. Circumstances in Which the Carrier May Be Exempt from Liability

The Turkish Commercial Code specifically regulates certain circumstances under which the carrier may be relieved of liability. Foremost among these are reasons not attributable to the fault of the carrier or its agents.

Dangers and accidents at sea or in other waters suitable for the operation of a ship, war events, insurrections, actions of public enemies, orders of competent authorities, quarantine restrictions, court seizure orders, strikes, lockouts and other impediments to work may, under certain conditions, create a presumption of blamelessness in favor of the carrier. The actions of the shipper, consignor, owner of the goods or their representatives; the natural nature of the goods, their spontaneous loss, hidden defects, inadequate packaging or markings may also be considered within the same scope.

The existence of these reasons does not automatically relieve the carrier of liability. The carrier cannot be absolved of liability if it is proven that another event for which the carrier is responsible also contributed to the damage. For example, while a storm can be considered a maritime hazard, if water enters due to poorly maintained hatch covers, the damage cannot be attributed solely to the storm.

In the defense of deterioration due to the natural nature of the goods, the carrier must demonstrate that adequate ventilation, temperature, and humidity conditions were provided. If inadequate packaging is invoked, it must be investigated whether the deficiency in packaging was clearly visible at loading and whether the carrier made any reservations on the bill of lading.

XI. Technical Defects and Fire

According to Article 1180 of the Turkish Commercial Code, if the damage results from an action related to the navigation or technical management of the ship, or from a fire, the carrier is liable only for its own fault. Measures taken to protect the cargo are not considered within the scope of the ship's technical management. In case of doubt, it is assumed that the damage did not arise from technical management.

A technical fault refers to errors made by the captain or crew during the propulsion, navigation, and technical operation of the ship. Examples include incorrect course selection, improper maneuvering, misuse of engine systems, or faulty operation of navigation equipment.

Conversely, errors related to the stowage, ventilation, cooling, and preservation of the cargo constitute commercial or cargo defects. The carrier is liable for defects occurring in these processes that are in the best interest of the cargo.

For the carrier to be held liable in the event of a fire, it must be demonstrated that the fire was caused by the carrier's own fault. However, the carrier's failure to remedy known electrical faults, failure to keep fire extinguishing systems in working order, or acceptance of flammable and dangerous cargo in violation of regulations may be considered as their own fault.

XII. Maritime Rescue Operations

The carrier is, as a rule, not liable for damages arising from rescue operations at sea or from a reasonable attempt to salvage property. Since the protection of human life is a fundamental principle of maritime law, reasonable delays caused by the ship changing its course to assist persons in distress may not give rise to liability for the carrier.

The attempt to salvage the goods must also be reasonable in order to relieve the carrier of liability. The carrier cannot be relieved of liability if an unnecessary deflection is made for the purpose of obtaining a high salvage fee, or if the cargo is disproportionately endangered. Article 1181 of the Turkish Commercial Code specifically regulates damages arising from the salvage of life and goods at sea, while reserving the right to general average.

XIII. Damage Caused by Multiple Reasons

In maritime transport, damage often results not from a single cause, but from a combination of factors. A storm, inadequate packaging, and improper stowage can all lead to the same damage.

According to Article 1183 of the Turkish Commercial Code, if the carrier's or its agents' fault, combined with another cause, has resulted in damage, the carrier is only liable for the portion of the damage attributable to their own fault. However, the burden of proof as to which portion of the damage cannot be attributed to the carrier's fault rests with the carrier.

If the causes of the damage cannot be separated, the scope of the carrier's liability is determined by expert examination. Especially for agricultural products, chemicals, and cold chain cargo, the pre-loading condition, natural loss, transport temperature, and the effects of delay require expertise.

XIV. Goods Carried on Deck

As a rule, goods cannot be carried on deck. However, it is possible to carry goods on deck if there is an agreement with the shipper, if commercial custom permits deck carriage, or if legislation mandates it.

If deck carriage has been agreed upon, this fact must be stated in the bill of lading. If no such record exists, the burden of proof for the existence of a deck carriage agreement rests with the carrier. The carrier cannot invoke a deck carriage agreement not mentioned in the bill of lading against a bona fide holder.

Carrying goods on deck in violation of an explicit hold carriage agreement may be considered reckless conduct that could prevent the carrier from benefiting from the limits of its liability. While deck carriage is a common commercial practice on container ships, the records in the transport document and the agreement between the parties still remain important.

XV. Liability of the Actual Carrier

In maritime transport, the person who enters into the contract with the carrier and the person who actually carries out the transport may be different. A transport company may enter into a contract with the cargo owner and then subcontract the transport to another shipping company.

According to Article 1191 of the Turkish Commercial Code, even if the entire or a part of the carriage is left to the actual carrier, the contractual carrier remains responsible for the entire carriage. The carrier is also responsible for the acts and omissions of the actual carrier and the persons he/she uses in the performance of the carriage obligation. The actual carrier, however, is directly responsible for the portion of the carriage over which he/she has control.

The carrier and the actual carrier are jointly and severally liable to the extent that they are responsible for the same damage. However, the total compensation that can be obtained from the carrier, the actual carrier, and their employees cannot exceed the liability limits set by law.

Clauses stipulating that the carrier is exempt from liability for a particular portion of the carriage, if it has been explicitly agreed that this portion will be performed by the actual carrier, may be valid under certain conditions. However, the name and address of the actual carrier must be clear from the carriage contract, and it must be possible to file a lawsuit against the actual carrier in a competent Turkish court. Otherwise, the clause waiving the carrier's liability is invalid.

XVI. The Role of the Bill of Lading in Determining Liability

A bill of lading is a valuable document that proves the carrier has received the goods, serves as proof of the carriage contract, and under certain conditions represents the goods. The legal relationship between the carrier and the holder of the bill of lading is primarily governed by the terms of the bill of lading. However, the relationship between the carrier and the consignor is governed by the freight contract or charter party.

The bill of lading includes the type of goods, their brands, the number of packages, their weight, and their external appearance. If the carrier knows that this information is inaccurate, has reasonable grounds for doubt about its accuracy, or does not have the means to verify it, they must add a reservation to the bill of lading.

Issuing a clean bill of lading constitutes evidence against the carrier that the goods were received in good condition. A secret guarantee agreement between the carrier and the shipper regarding the issuance of a false clean bill of lading cannot be invoked against bona fide third parties. If there is intent to deceive, the carrier may be unable to benefit from the limits of its liability.

XVII. Reporting Damages and Inspection of Goods

The consignee must notify the carrier in writing of any visible loss or damage upon receipt of the goods. If the damage is not externally apparent, notification may be made within three days of the delivery date. A general description of the damage is sufficient in the notification.

If the damage has been determined by a court, competent authority, or officially appointed experts with the participation of the parties, no further notification is required.

Failure to give notice within the prescribed time limit does not automatically extinguish the right to compensation; however, it creates two presumptions in favor of the carrier. It is presumed that the goods were delivered as stated in the bill of lading and that any damage resulted from a cause for which the carrier is not responsible. These presumptions can be rebutted by evidence.

In practice, it is important to raise concerns at the time of delivery, obtain a report from an independent inspection company, create photographic and video records, check container seals, preserve temperature data, and invite the carrier for inspection.

XVIII. Calculation of Compensation

The compensation payable by the carrier shall be calculated according to the value of the goods at the place and date when they were unloaded from the ship, or were to be unloaded, in accordance with the freight contract. If a stock exchange price is available, this price shall be used; otherwise, the current market price shall be used; and if neither is available, the usual value of goods of the same type and quality shall be used.

In the case of total loss, the determined value of the goods is taken into account; in the case of partial loss or damage, the difference between the value of the undamaged and the value of the damaged goods is considered. The value of damaged goods that can be salvaged or sold is deducted from the compensation.

The carrier's liability is, as a rule, limited to the actual damage. The injured party should take reasonable measures to prevent further damage. Perishable goods may need to be sold, repackaged, or moved to another storage facility if possible.

XIX. Limitation of Carrier's Liability

According to Article 1186 of the Turkish Commercial Code, the carrier's liability for loss or damage is limited to 666.67 Special Drawing Rights per parcel or unit, or two Special Drawing Rights per kilogram of the gross weight of the lost or damaged goods, whichever is higher.

These limits do not apply if the type and actual value of the goods have been declared by the shipper prior to loading and are stated in the bill of lading at sea. The parties may agree on higher liability amounts above the statutory limits; however, they cannot reduce the statutory lower limits in favor of the carrier.

In container shipping, it is crucial that the bill of lading clearly indicates each parcel or unit within the container. If the contents are listed separately, each parcel or unit is considered independent. If the contents are not specified, the entire container may be counted as a single parcel or unit.

The carrier cannot benefit from the limits of liability if the damage is caused by an act or omission carried out intentionally or recklessly and with awareness of the possibility of such damage occurring. The burden of proof for this gross negligence threshold rests with the injured party.

XX. Validity of Contractual Clauses Exempting from Liability

Contractual terms that preemptively eliminate or reduce the carrier's fundamental legal obligations and responsibilities are, as a rule, invalid. Article 1243 of the Turkish Commercial Code prohibits the reduction of provisions relating to the suitability of the vessel, the protection of the cargo, the carrier's liability for loss, damage, and delay, and the actual carrier, in favor of the carrier.

Clauses that expand or increase the carrier's liability are valid. Therefore, the carrier may accept liability beyond the legal limits, waive certain exceptions, or assume broader delivery obligations.

In voyage charter agreements, the parties have greater freedom of contract. However, if a bill of lading is issued based on a charter party and transferred to a third party who is not the carrier, then mandatory protection provisions apply to the relationship between the carrier and the holder of the bill of lading.

The carrier's liability provisions apply not only to contractual claims but also to claims based on tort or other legal grounds for the same damage. This prevents the injured party from circumventing the limits of statutory liability by classifying their claim as a tort.

XXI. Statute of Limitations for Claiming Compensation

Claims for compensation arising from loss, damage, or delayed delivery of goods must be brought before the courts within one year. This period begins to run from the date the goods were delivered; if the goods were not delivered at all, from the date they should have been delivered. This period is a forfeiture period, not a statute of limitations.

The parties may extend the time period by agreement after the cause of action arises. However, a shorter period agreed upon in advance in the transportation contract is not valid.

If the carrier or the other party to the claim for compensation has delayed the injured party in a way that causes them to miss the deadline for filing a lawsuit, they cannot benefit from the objection that the statute of limitations has expired. In this case, the time limit begins to run from the date the injured party became aware of the delaying tactic.

In recourse claims that the insurer will file against the carrier after making a payment to the insured, the deadlines must also be carefully monitored. The recourse action must be filed within ninety days from the date the compensation was paid or from the date the insurer received the petition for the lawsuit filed against them.

XXII. Applicable Law to Contracts Involving a Foreign Element

Most contracts for the carriage of goods by sea involve a foreign element. The parties may explicitly choose the applicable law in the carriage contract. Article 29 of the Private International Law Act stipulates that contracts relating to the carriage of goods shall be subject to the law chosen by the parties.

If there is no choice of law, the law of the country where the carrier's principal place of business is located at the time of the conclusion of the contract is deemed to have the most closely related law, provided that country is also the country of loading or unloading, or the country where the consignor's principal place of business is located. This rule also applies to one-time charter contracts and other contracts whose main subject is the carriage of goods. If, according to all the circumstances of the case, another law has a closer related law, that law may be applied.

However, international agreements to which Türkiye is a party take precedence over conflict of laws rules. Article 1 of the Private International Law Act reserves the right to apply international agreements to which the Republic of Türkiye is a party.

The choice of foreign law in a contract of carriage does not mean that the directly applicable rules of Turkish law or Turkish public order will be completely ineffective. Furthermore, whether legal and jurisdictional requirements can be invoked against a third party who enters into the contract upon the transfer of the bill of lading must be assessed based on whether the clause is explicitly stated in the bill of lading and in accordance with relevant mandatory provisions.

The 23rd Rotterdam Rules and the Future of Maritime Transport

The Rotterdam Rules aim to create a modern regime for door-to-door transport contracts involving a sea leg, containerization, and electronic transport documents. UNCITRAL states that the convention aims to standardize the rights and obligations of the shipper, carrier, and consignee in international transport involving a sea leg.

However, the Rotterdam Rules have not yet entered into force. As of July 2026, there are five States parties and twenty actions are required for entry into force. Türkiye is not among the parties or signatories to the agreement.

Nevertheless, electronic bills of lading, blockchain-based transport documents, smart contracts, and multimodal transport applications necessitate a reassessment of carrier liability in the future. This is particularly challenging when cargo is received by land before sea transport and continues via inland transport after unloading, making it difficult to determine at which stage of transport the damage occurred.

XXIV. Conclusion

In maritime freight, the carrier's liability is the fundamental legal mechanism that ensures the economic balance of the contract of carriage. In exchange for freight, the carrier undertakes not only to transport the goods from one port to another, but also to maintain the ship in a seaworthy, transit-worthy, and cargo-worthy condition, to properly load, stow, protect, supervise, unload, and deliver the goods to the rightful owner.

The carrier's liability covers loss, damage, and delay damages occurring while the goods are in their possession. After the injured party proves that the goods were delivered to the carrier and were lost, damaged, or delivered late at the end of transport, the carrier must prove its innocence or one of the grounds for exoneration stipulated by law.

While maritime hazards, war, quarantine, strikes, the natural nature of the goods, and inadequate packaging and marking may constitute presumptions in favor of the carrier, the carrier is not relieved of liability if their fault contributed to these events. The carrier's duty of care relates not only to the technical navigation of the vessel but also to the proper preservation of the goods in accordance with their commercial and physical characteristics.

The bill of lading is of central importance in establishing the carrier's identity, the condition in which the goods were received, and the terms of carriage. A clean bill of lading constitutes strong evidence against the carrier, while the absence of necessary reservations may limit the carrier's subsequent objections regarding the packaging, quantity, or apparent condition of the goods.

The carrier's liability is subject to the Special Drawing Rights (SDR) limits determined by the parcel, unit, or weight. However, these limitations may not apply if the true value of the goods has been declared in advance or if the carrier has caused the damage intentionally or negligently, knowing that damage was likely to occur.

The use of an actual carrier does not, as a rule, relieve the contractual carrier of its liability. The carrier is liable for the entire carriage; the actual carrier is liable only for the portion of the goods under their control. The carrier and the actual carrier are jointly and severally liable to the extent that they are responsible for the same damage.

One of the most critical aspects in cargo damage claims is timelines. Visible damages must be reported in writing at the time of delivery, hidden damages within three days, and delay damages within sixty days. As a rule, a compensation claim must be filed within a one-year statute of limitations.

In conclusion, determining the carrier's liability in maritime freight transport requires a comprehensive examination of the freight contract, charter party, bill of lading, ship register, loading and unloading records, expert reports, technical data, and applicable international law. Each cargo damage should be evaluated within its own technical and commercial context; a conclusion should not be reached solely based on general liability provisions without first determining when, where, and for what reason the damage occurred.