CMR damage notice and liability limit No reservation, no claim.
In road carriage, if damage is apparent the sender or consignee must give notice no later than the moment of delivery; without it, the goods are presumed to have been delivered in conformity with the contract (Turkish Commercial Code art. 889/1). For damage that is not apparent the period is seven days, and for delay twenty-one days (art. 889/2–3). Even with a proper reservation, compensation is capped: 8.33 Special Drawing Rights per kilogram of gross weight (art. 882/1). The cap falls away where the damage was caused intentionally or recklessly (art. 886).
The article numbers below come directly from the Turkish Commercial Code no. 6102 and from the original text of the CMR Convention in the United Nations treaty collection. Which instrument governs a particular movement, the Code or the Convention, depends on the nature of the carriage and where the parties are established. If you have a damage file, take advice from a lawyer working in carriage law.
The reservation: three separate periods
What the statute builds is a presumption: without notice in time, the goods are presumed to have been delivered in conformity with the contract. The presumption can be rebutted. But the burden has moved to you, and proving after the fact that damage happened during carriage is hard. A reservation is therefore not a formality; it is the moment evidence is created.
| Situation | Period | Without notice | Basis |
|---|---|---|---|
| Damage is apparent | No later than delivery | Presumed delivered in conformity | art. 889/1; CMR art. 30/1 |
| Damage is not apparent | Seven days after delivery | Same presumption applies | art. 889/2; CMR art. 30/1 |
| Delivery period exceeded | Twenty-one days from delivery | Rights arising from the delay lapse | art. 889/3; CMR art. 30/3 |
The third row is different in kind: it is not a presumption but the extinction of the right. Miss the twenty-one days on delay and there is nothing left to argue about. In international carriage the CMR sets the same three periods with its own details: the seven days exclude Sundays and public holidays, a reservation for damage that is not apparent must be in writing (art. 30/1), the twenty-one days for delay run from the time the goods were placed at the consignee's disposal (art. 30/3), and the day of delivery is not counted (art. 30/4).
The form requirements are in the statute too:
- Notice given after delivery must be in writing (art. 889/4). Telecommunication means are allowed; no signature is needed if the sender is identifiable.
- To preserve the period it is enough that the notice was dispatched in time; arrival is not separately required (art. 889/4).
- If notice is given at the time of delivery, giving it to the person delivering the goods is sufficient (art. 889/5). A reservation written for the driver counts.
- The notice must set out the damage with the necessary clarity (art. 889/1). "Damaged" on its own is weak: which package, what kind of damage, to what extent.
The cap: 8.33 SDR
Even with a proper reservation the carrier's exposure is limited. For total loss or damage, compensation is capped at the amount corresponding to 8.33 Special Drawing Rights per kilogram of gross weight (art. 882/1).
- Partial damage is measured on the gross weight of the whole consignment if all of it lost value, or of the part that lost value if only part did (art. 882/2).
- For delay, liability is capped at three times the carriage charge (art. 882/3).
- Conversion: the SDR is converted into Turkish lira at the central bank value on the date the goods were handed to the carrier, or another date agreed by the parties (art. 882/4). Not the date the damage appeared.
- The carrier also refunds the carriage charge and covers taxes, duties and other costs arising from the carriage (art. 883/1).
The practical consequence: the cap is tied to weight, not to the value of the goods. On light but expensive cargo, 8.33 SDR per kilogram can sit far below the real loss. For that kind of cargo, cargo insurance is not a preference; it is part of the arithmetic.
The Convention and the Code do not say the same thing
International road carriage brings the CMR Convention into play. The Convention's original 1956 text caps compensation in a different unit, and on delay it parts company with the Turkish Code:
| Point | CMR, 1956 original text | Turkish Commercial Code |
|---|---|---|
| Loss or damage cap | 25 francs per kilogram of gross weight short; "franc" meaning the gold franc weighing 10/31 of a gramme, of millesimal fineness 900 (art. 23/3) | 8.33 SDR per kilogram (art. 882/1) |
| Delay cap | Not exceeding the carriage charges (art. 23/5) | Three times the carriage charge (art. 882/3) |
| Refund of charges | Carriage charges, customs duties and other charges refunded in full on total loss, proportionally on partial loss (art. 23/4) | Carriage charge refunded, taxes and costs covered (art. 883/1) |
| Notice periods | Apparent damage: at delivery. Not apparent: seven days, Sundays and public holidays excepted, in writing (art. 30/1). Delay: written reservation within twenty-one days of the goods being placed at the consignee's disposal (art. 30/3) | At delivery; seven days; twenty-one days (art. 889/1–3) |
| When the limits fall away | Wilful misconduct, or default that the law of the court seised treats as equivalent, including by the carrier's servants and agents (art. 29) | Intent, or recklessness with knowledge that such damage would probably result (art. 886/1) |
The common claim that "CMR says 8.33 SDR" is not in the original text: the SDR figure entered the Convention through the 1978 Protocol. Article 2 of the Protocol replaced art. 23/3 with 8.33 units of account per kilogram; Türkiye acceded to the CMR and to the Protocol on 2 August 1995. For domestic carriage the same figure rests on Turkish Commercial Code art. 882/1.
When the cap falls away
The limits are not absolute. Where it is proven that the damage was caused by an act or omission committed intentionally, or recklessly and with knowledge that such damage would probably result, the carrier and the persons named in art. 879 cannot rely on the exemptions and limits in this Part (art. 886/1).
The threshold is high: ordinary negligence does not reach it, and the burden of proof lies with whoever alleges it. But once it is crossed, the 8.33 SDR ceiling disappears entirely. That is why allegations of gross fault run as a separate axis in damage files.
In international carriage the CMR counterpart is art. 29: the carrier cannot rely on the provisions that exclude or limit its liability or shift the burden of proof if the damage was caused by its wilful misconduct, or by default that the law of the court seised treats as equivalent. The same applies to acts of its servants, agents and other persons it uses for the carriage (art. 29/2).
When it goes wrong
No reservation is made, on the basis that it can be sorted out later
For apparent damage the period ends at delivery (art. 889/1). Notice the next day does not stop the presumption; from then on you have to prove the damage occurred in carriage.
A reservation is made, but it just says "damaged"
The statute asks for the damage to be set out with the necessary clarity (art. 889/1). Which package, what kind of damage, to what extent, with photographs and package numbers. A vague reservation becomes the weakest link in the file.
The seven days are missed on hidden damage
Where packaging looks intact but the contents are damaged, the period is seven days after delivery (art. 889/2). Pallets opened in a warehouse weeks later are well past it.
Delay is treated as covered by the damage notice
Delay has its own period, twenty-one days, and its consequence is not a presumption but the extinction of the right (art. 889/3). Having given notice of damage does not preserve a delay claim.
Compensation is expected to match the invoice
The cap follows weight (art. 882/1). On light, valuable cargo the gap between the invoice value and 8.33 SDR per kilogram is a direct loss if the goods were not insured.
Frequently asked
By when must I give notice of damage?
If the damage is apparent, no later than the moment of delivery; if it is not, within seven days of delivery (art. 889/1–2). Without notice the goods are presumed to have been delivered in conformity with the contract.
Delay has its own period: twenty-one days (art. 889/3).
Is a reservation given to the driver enough?
For notice given at the time of delivery, yes: the statute treats notice to the person delivering the goods as sufficient (art. 889/5).
Notice given after delivery must be in writing (art. 889/4).
What is the maximum the carrier pays?
The amount corresponding to 8.33 Special Drawing Rights per kilogram of gross weight (art. 882/1). For delay the ceiling is three times the carriage charge (art. 882/3). The carriage charge is refunded and taxes and costs covered in addition (art. 883/1).
Which date's rate converts the SDR?
The central bank value on the date the goods were handed to the carrier for carriage, or another date agreed by the parties (art. 882/4). Not the date the damage appeared, nor the date of payment. International carriage under the CMR follows a different rule: art. 23/7, added by the Protocol, converts into the currency of the court's country at the value on the date of the judgment or a date agreed by the parties.
Can the cap ever be lifted?
Yes. Where it is proven that the damage resulted from an act or omission committed intentionally, or recklessly and with knowledge that such damage would probably result, the carrier cannot rely on the limitation provisions (art. 886/1).
The threshold is high and the burden of proof lies with the party alleging it.
Sources
- Turkish Commercial Code no. 6102 Notice periods and compensation limits come from this statute. Articles relied on: art. 882 (8.33 SDR per kilogram, measure for partial damage, three times the charge on delay, the conversion date), art. 883 (refund of the carriage charge and costs), art. 886 (limits disapplied for intent and recklessness), art. 889 (delivery for apparent damage, seven days for hidden damage, twenty-one days for delay, written form and addressee) · mevzuat.gov.tr · accessed 10 Sep 2026
- CMR — Convention on the Contract for the International Carriage of Goods by Road (1956) The original text was read in the United Nations treaty collection. Articles relied on: art. 23/3 (25 gold francs per kilogram and the definition of the franc), art. 23/4 (refund of charges), art. 23/5 (delay capped at the carriage charges). For the 8.33 SDR figure and the conversion date, see also the 1978 Protocol · treaties.un.org · accessed 10 Sep 2026
- United Nations Treaty Series, vol. 399, No. 5742 — CMR, English text Articles relied on: art. 29 (limits disapplied for wilful misconduct or equivalent default), art. 30 (reservations: at delivery, seven days excluding Sundays and public holidays, twenty-one days for delay, day of delivery not counted) · treaties.un.org (PDF) · accessed 28 Sep 2026
- Protocol to the CMR (Geneva, 5 July 1978) art. 2: 8.33 units of account per kilogram in art. 23/3, and art. 23/7: conversion at the value on the date of the judgment or an agreed date; United Nations Treaty Series 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
This page is for information only. It is not legal advice and does not tell you what to do. The statute and the convention were read directly and article numbers are given. Which instrument governs a particular movement depends on the carriage; in addition, secondary rules related to the CMR were not examined here. If you have a damage file, take advice from a lawyer working in carriage law.
Change log
- The text of the 1978 Protocol was read: the 8.33 units of account entered art. 23/3 through Protocol art. 2, and Türkiye acceded to the CMR and to the Protocol on 2 August 1995. The notes saying the Protocol was not opened were removed. The SDR question now adds that under the CMR conversion is at the value on the date of the judgment (art. 23/7), unlike the Turkish Commercial Code's handover date.
- Addition: the CMR counterparts of the Turkish Commercial Code articles were added to the tables and text: art. 30 for notice periods (Sundays and public holidays excepted, written form, twenty-one days on delay) and art. 29 for the loss of the limits. Read from the English text in the United Nations Treaty Series.
- Page published. Periods and limits were read from the official text of Law no. 6102 on mevzuat.gov.tr; the CMR comparison from the 1956 original text in the United Nations treaty collection. That the original text says 25 gold francs per kilogram, that the 8.33 SDR figure came in with the 1978 Protocol, and that the Protocol was not opened in this work are all stated on the page.