Carrier and Shipper Liability in Maritime Law

Maritime transport is one of the most dynamic areas of international trade, creating significant legal responsibilities for both the carrier (shipowner/carrier) and the consignor (shipper). The safe transportation of cargo from one port to another relies not only on technical elements but also on a solid legal foundation. The Turkish Commercial Code (TTK) meticulously regulates the responsibilities of both the carrier (shipowner/carrier) and the consignor (shipper) in this transportation activity . Clearly defining the duties and obligations of the parties is critical to preventing disputes that may arise in maritime trade.

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1. Who is the Carrier?

The carrier is the party responsible for delivering the cargo safely and without damage to the port of destination, in accordance with the contract of freight. The carrier is usually the shipowner ,but in some cases, the person or company operating the ship is also considered the carrier. The carrier's responsibilities begin when the cargo is received on board the ship and end when the cargo is delivered at the destination.

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2. Carrier's Responsibilities

a) Provision of Seaworthy Vessels

The carrier must ensure that the vessel is technically seaworthy before the voyage begins. This includes ensuring that the vessel's machinery, navigation equipment, and safety equipment are in complete and proper working order. The carrier's liability increases in the event of transport on a vessel that is not seaworthy.

b) Safe Transport and Delivery of Cargo

The carrier is obligated to deliver the cargo to the port of destination in the same condition as it was received. In the event of damage, loss, or shortage of the cargo, the carrier may be liable for compensation. In this regard, the carrier's obligation "delivery without damage .

c) Care in Stacking and Loading

The carrier is responsible for the proper placement, stowage, and securing of the cargo on board the vessel. Any damages resulting from improper stowage are the direct responsibility of the carrier.

d) Cases of Exemption from Liability

The Turkish Commercial Code and the Hague-Visby Rulesstate that the carrier may be relieved of liability in certain circumstances. The carrier may be exempted from liability in unavoidable events such as force majeure (storm, earthquake), war, or pirate attacks. However, the burden of proof for these circumstances rests with the carrier.

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3. Who is the Sender (User)?

The shipper is the party that contracts with the carrier for the carriage of the cargo and pays the freight charges. The shipper must make all necessary preparations for the safe loading of the cargo onto the ship and provide the carrier with all required information.

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4. Sender's Responsibilities

a) Making Truthful Statements

The consignor is obligated to provide the carrier with accurate information regarding the type and quantity of the cargo, and whether it contains hazardous materials. If false information results in damage to the carrier, the consignor will be held liable.

b) Dangerous Goods Declaration

It is the sender's responsibility to inform the carrier in advance about flammable, explosive, or hazardous cargo. Failure to provide this notification will leave the sender fully liable for any damage the cargo may cause on board the vessel.

c) Payment of Freight Charges

Timely and full payment of the freight charges for transportation services is one of the sender's primary obligations. Otherwise, the carrier may exercise its right of lien on the cargo.

d) Proper Packaging and Preparation

The sender is responsible for packaging and preparing the goods for transport. The sender, not the carrier, is responsible for damages caused by poor packaging.

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5. Balance of Responsibility Between Carrier and Sender

In maritime trade, the balance of responsibility between carrier and consignor the freight contract and bill of lading . The bill of lading sets forth both the carrier's commitment to accept delivery of the cargo and the consignor's obligation to accurately declare the cargo and pay the freight.

Supreme Court rulings interpret the carrier's obligation to deliver the cargo undamaged quite strictly, emphasizing that if the sender provides false information, the responsibility should lie with the sender.

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Conclusion 

In maritime law, the relationship of responsibility between the carrier and the consignor is vital for the security of commercial life. The carrier is obligated to ensure the safety and timely delivery of the cargo, while the consignor must be careful regarding matters such as accurate declaration of the cargo, risk notifications, and freight payments. A correct understanding of these responsibilities strengthens both trust between the parties and the commercial order in international transportation.

Gozdenur Turna