Carrier liability limits: five modes, deadlines The carrier pays. By the kilo.
A carrier is liable for loss of or damage to the cargo, but it pays the limit set by law, not the value of the goods. The limit depends on the mode: 8.33 SDR per kilogram by road, 26 SDR by air, 17 SDR by rail; for sea carriage under Turkish law, 666.67 SDR per package or 2 SDR per kilogram, whichever is higher. The notice period for hidden damage is 3 days at sea, 7 days on land and 14 days by air; the time bar is 1 year in most regimes and 2 years by air. Only cargo insurance covers value above the limit.
Five regimes in one table
Which regime applies depends on the mode of transport and on whether the carriage is domestic or international. Türkiye is a party to the three international conventions below: to the CMR and to the 1978 Protocol that converted its limit into SDR since 2 August 1995, to the Montreal Convention since 26 March 2011 and to COTIF since 1 July 2006. For sea carriage governed by Turkish law, the limits are in the Turkish Commercial Code.
| Regime | Limit for loss and damage | Limit for delay | Notice of hidden damage | Time bar |
|---|---|---|---|---|
| Road, domestic (TCC) | 8.33 SDR / kg (art. 882/1) | Three times the carriage charge (art. 882/3) | 7 days after delivery, in writing (art. 889/2, 889/4) | 1 year; 3 years for intent or recklessness (art. 855) |
| Road, international (CMR) | 8.33 SDR / kg (art. 23/3) | The carriage charge (art. 23/5) | 7 days, Sundays and public holidays excepted (art. 30/1) | 1 year; 3 years for wilful misconduct (art. 32/1) |
| Sea (TCC) | 666.67 SDR / package or 2 SDR / kg, whichever is higher (art. 1186/1) | 2.5 times the freight, not exceeding the total freight (art. 1186/6) | 3 consecutive days, in writing (art. 1185/1) | 1 year, a bar to the right (art. 1188) |
| Air (Montreal) | 26 SDR / kg (art. 22/3; from 28.12.2024) | The same 26 SDR / kg limit (art. 22/3) | 14 days at the latest (art. 31/2) | 2 years (art. 35) |
| Rail (COTIF-CIM) | 17 SDR / kg (art. 30 § 2) | Four times the carriage charge (art. 33 § 1) | Request for ascertainment no later than 7 days after acceptance (art. 47 § 2) | 1 year; 2 years for intent or recklessness (art. 48) |
Apparent damage must be reported at delivery in every regime. Delay has separate periods: 21 days from delivery by road (TCC art. 889/3, CMR art. 30/3), 60 consecutive days at sea (TCC art. 1185/5), 21 days by air (Montreal art. 31/2) and 60 days by rail (CIM art. 47 § 2).
A missed notice: presumption or loss of rights
What happens when notice is not given in time depends on the regime and on the type of loss. The difference matters: one makes proof harder, the other ends the right.
- Presumption: the goods count as delivered in good condition
- On domestic road carriage (TCC art. 889/1–2), under the CMR (art. 30/1) and at sea (TCC art. 1185/4), if no notice is given the goods are presumed delivered in accordance with the contract. Proof to the contrary is possible, but the burden is now yours.
- Loss of rights: no compensation can be claimed
- If notice of delay is missed, rights arising from the delay end on the road (TCC art. 889/3) and delay damage is not paid at sea (TCC art. 1185/5). By air, if any notice, damage included, is not given in time, no action lies against the carrier except in the case of fraud (Montreal art. 31/4). By rail, acceptance of the goods by the person entitled extinguishes the rights; for hidden damage, a request for ascertainment within 7 days prevents that result (CIM art. 47).
At sea: per package or per kilo
For sea carriage under Turkish law the limit is worked out two ways and the higher one applies: 666.67 SDR per package or unit, or 2 SDR per kilogram of gross weight of the goods lost or damaged (TCC art. 1186/1). The first calculation matters for light cargo in many packages, the second for heavy cargo.
For containerised cargo the bill of lading decides the number of packages: each package listed in the bill as the contents of the container counts separately; if none are listed, the whole container counts as one package (art. 1186/3). If the shipper declared the nature and value of the goods before loading and had them entered in the bill, the limit does not apply (art. 1186/1).
Goods not delivered within 60 consecutive days after the delivery period ends may be treated as lost by the person entitled (art. 1178/5).
Türkiye has been a party to the 1924 Hague Rules since 4 January 1956. Which text applies to a given sea carriage depends on the terms of the bill of lading and on the governing law; that is a legal assessment and is not given on this page.
By air the limit does not fall away
Under the Montreal Convention the limit for cargo is 26 SDR per kilogram and it covers loss, damage and delay together (art. 22/3). The figure was set by the ICAO revision that took effect on 28 December 2024; the Convention provides for the limits to be reviewed against inflation every five years (art. 24).
The difference from the other regimes is this: the provision under which the limit falls away for intent or recklessness (art. 22/5) applies only to the paragraphs on passenger delay and baggage; paragraph 3, which sets the cargo limit, is not listed. The only way above the cargo limit is to make a special declaration of interest in delivery when handing over the goods and to pay a supplementary sum if required (art. 22/3).
The Montreal Convention applies to carriage whose place of departure and place of destination are in the territories of two States Parties; carriage within a single State Party is covered if there is an agreed stopping place in another country (art. 1/2). Carriage to a non-party country may fall under a different regime; check ICAO's list of parties.
When the limit falls away
On road, sea and rail the limit does not apply if it is proved that the loss resulted from the carrier's intent or from recklessness with knowledge that the loss would probably result: TCC art. 886 (road), CMR art. 29, TCC art. 1187 (sea), CIM art. 36. The burden of proof lies with the claimant. By air there is no such exception for cargo.
The limit can also be raised by agreement: a declaration of nature and value at sea (TCC art. 1186/1), a declaration of interest in delivery by air (Montreal art. 22/3), a declaration of value and of interest in delivery by rail (CIM art. 34–35). In sea carriage, clauses that reduce the carrier's liability in advance are void (TCC art. 1243).
The SDR and which day's rate
The SDR (Special Drawing Right) is a unit of account that the IMF calculates daily from a basket of five currencies. Its Turkish lira value is published in the Central Bank of the Republic of Türkiye's list of indicative rates, on the "Special Drawing Right (SDR)" row. But which day's rate is used depends on the regime:
| Regime | Conversion date | Basis |
|---|---|---|
| Road, domestic | The date the goods were handed to the carrier, or an agreed date | TCC art. 882/4 |
| Sea | The day of actual payment, or an agreed date | TCC art. 1186/1 |
| CMR | The date of the judgment, or an agreed date | CMR art. 23/7 |
| Air | The date of the judgment | Montreal art. 23/1 |
| Rail | The day of the judicial decision, or an agreed day | COTIF art. 9 § 5 |
No lira amount is given on this page: the rate changes daily, and the day used for the calculation depends on the regime.
The forwarder's liability
Under Turkish law a freight forwarder is a "taşıma işleri komisyoncusu": it undertakes to have goods carried, not to carry them itself (TCC art. 917). It is liable for loss of and damage to goods in its possession, and the road carrier's rules, including the 8.33 SDR limit, apply by analogy (art. 928/1). For other loss it is liable only if it breaches its duty of organisation (art. 928/2).
In three cases the forwarder is liable directly as a carrier:
- If a single price that includes the cost of carriage has been agreed as its fee (art. 921).
- If it performs the carriage itself (art. 926).
- If it has the goods carried as a consolidated shipment together with other shippers' goods (art. 927).
Claims against the forwarder are time-barred after 1 year (art. 930).
When it goes wrong
The carrier is expected to pay the value of the goods
For high-value but light cargo, a per-kilogram limit covers a small fraction of the invoice. Only cargo insurance closes the gap; check the cost allocation table to see which party the delivery term leaves the insurance to.
Hidden damage is reported weeks later
For damage found when the packages are opened, the period is 3 days at sea, 7 on land and 14 by air. Missing it either shifts the burden of proof to you or, as by air, ends the right to sue.
The number of packages in the container is not entered on the bill of lading
If the bill says only "1 container", the whole container counts as one package in sea carriage (TCC art. 1186/3). The limit is then calculated by weight.
By air, "intent lifts the limit" is expected
Under Montreal the cargo limit does not fall away even for intent. For valuable cargo the only route is a declaration of interest at handover.
Frequently asked
How many days do I have to report damage?
Apparent damage at delivery. Hidden damage in writing within 7 days on domestic road carriage and under the CMR, within 3 consecutive days at sea and within 14 days at the latest by air; by rail, with a request for ascertainment no later than 7 days after acceptance. Delay has separate periods: 21 days by road and by air, 60 days at sea and by rail.
Does the limit of liability replace cargo insurance?
No. The limit is the maximum the carrier pays under the law, and it is often below the value of the goods. To protect the value of the goods you need cargo insurance.
Where do I find the lira value of the SDR?
On the "Special Drawing Right (SDR)" row of the Central Bank of the Republic of Türkiye's list of indicative rates. But which day's rate applies depends on the regime: the handover date on domestic roads, the day of actual payment at sea, the date of the judgment under the CMR and by air.
Which regime applies to cargo moving by more than one mode?
Under Turkish law, if it is known on which leg the loss occurred, the rules that would have governed a separate contract for that leg apply (TCC art. 903). If the place of the loss is unknown or cannot be proved, a legal assessment is needed; speak to a lawyer.
Sources
- Turkish Commercial Code no. 6102 Articles relied on: art. 855 (time bar), art. 882 (limit and SDR conversion), art. 886 (loss of the limit), art. 889 (notice), art. 903 (multimodal carriage), art. 917–930 (freight forwarder), art. 1178/5 (60 days), art. 1185 (notice), art. 1186 (limit, container and delay), art. 1187 (loss of the limit), art. 1188 (bar to the right), art. 1243 (void clauses) · mevzuat.gov.tr · accessed 29 Sep 2026
- CMR — Convention on the Contract for the International Carriage of Goods by Road (1956) and 1978 Protocol art. 23, 29, 30, 32; Protocol art. 2 (8.33 units of account, art. 23/7 conversion date); United Nations Treaty Series vol. 399 No. 5742 and vol. 1208 No. 19487 · treaties.un.org (PDF) · accessed 29 Sep 2026
- United Nations Treaty Collection — status of the 1978 CMR Protocol (XI-B-11-a) Türkiye: accession 2 August 1995 · treaties.un.org · accessed 29 Sep 2026
- Montreal Convention (1999) art. 1/2 (scope), art. 22/3–5 (cargo limit and its exception), art. 23/1 (conversion), art. 24 (review of limits), art. 31 (notice), art. 35 (time bar) · eur-lex.europa.eu · accessed 29 Sep 2026
- ICAO — 2024 Revised Limits of Liability Under the Montreal Convention of 1999 Art. 22/3 cargo limit: 17, 22, and from 28.12.2024 26 SDR/kg · icao.int (PDF) · accessed 29 Sep 2026
- ICAO — Montreal Convention list of parties Türkiye: ratification 25.01.2011, in force 26.03.2011 · icao.int (PDF) · accessed 29 Sep 2026
- OTIF — COTIF 1999 Appendix B: CIM Uniform Rules art. 30 § 2 (17 units of account), art. 33 § 1 (delay), art. 34–36 (declarations and loss of the limit), art. 47 (extinction of rights), art. 48 (time bar) · otif.org (PDF) · accessed 29 Sep 2026
- OTIF — COTIF 1999 and member states COTIF art. 9 § 5 (conversion of the unit of account on the day of the judicial decision); Türkiye a member, in force 01.07.2006 · otif.org (PDF) · accessed 29 Sep 2026
- 1924 Hague Rules — Türkiye's accession Law no. 6469 authorising accession (Official Gazette 22.02.1955 / 8937); according to the depositary Belgium's list, accession 04.07.1955, in force 04.01.1956 · resmigazete.gov.tr (PDF) · accessed 29 Sep 2026
- IMF and the Central Bank of the Republic of Türkiye — Special Drawing Right Daily value and basket of the SDR; its lira value in the Central Bank's indicative rates · imf.org · accessed 29 Sep 2026
This page is for information only. It is not legal advice. The statute and the conventions were read directly and article numbers are given. Which regime applies to a particular carriage depends on the terms of the transport document, on the governing law and on whether the countries concerned are parties to the conventions. Limits for domestic rail and domestic air carriage were not examined here. If you have a damage file, speak to a lawyer working in carriage law.
Change log
- Page published. Limits, notice periods and time bars were read directly from the text of the Turkish Commercial Code on mevzuat.gov.tr, from the CMR and its 1978 Protocol in the United Nations Treaty Series, from the Montreal Convention and ICAO's 2024 revision document, and from the CIM and COTIF texts published by OTIF. No lira amount is given.