Freight forwarder in Turkish law: agent or carrier? Arranging or carrying? The contract decides.
Under the Turkish Commercial Code, a freight forwarder is a forwarding agent: it undertakes to have the goods carried, not to carry them itself. But if it quoted a single price that includes the cost of carriage, carries the goods itself, or ships your cargo as part of a consolidated load, it takes on the rights and obligations of a carrier. On the regulatory side, it must hold a transport organiser (TİO) licence from the Ministry of Transport and Infrastructure and take out carrier's liability insurance. That insurance does not cover your cargo. The UTİKAD Rules apply only if they were made part of the contract, and they expressly leave cargo insurance to the customer.
Agent or carrier
Under a forwarding contract, the forwarder undertakes to have goods carried and the sender undertakes to pay the agreed fee (Turkish Commercial Code, TTK, art. 917/1). The capacity in which the forwarder is liable depends on how the job is set up:
| Situation | Result | TTK |
|---|---|---|
| Arranging only | Liable for loss of and damage to goods in its possession; the carrier rules, including the liability limit, apply by analogy. For other losses, liable only if it breaches its duty to organise; not liable for a loss that could not be prevented with the care of a prudent merchant. | art. 928/1–2 |
| Single price (carriage costs included) | Has the rights and obligations of a carrier. | art. 921 |
| Carries the goods itself | Is treated as the carrier for the rights and obligations arising from the carriage. | art. 926 |
| Consolidated load (groupage) | Has the rights and obligations of a carrier for the carriage of the consolidated load. | art. 927 |
In every case the forwarder is liable for the acts and omissions of its own staff and of the people it uses to perform the carriage as if they were its own (art. 929). Claims against the forwarder are time-barred after one year (art. 930). Liability limits and notice periods by mode are on the carrier liability limits page.
What the forwarder's duty covers
The law defines the duty to have goods carried as organising the transport (art. 918/1):
- choosing the means of transport and the route,
- selecting the carriers who will actually perform the carriage and making the necessary carriage, storage and forwarding contracts,
- giving the carriers the information and instructions they need,
- securing the sender's rights to compensation.
Insurance, packing, marking and customs clearance are part of the duty only if they were agreed; unless otherwise provided, the forwarder is obliged only to make the contracts needed for them (art. 918/2).
The sender has duties too: packing and marking the goods, providing the documents, and for dangerous goods giving notice of the nature of the danger and the precautions to take in writing and in good time. The sender bears the costs and losses caused by inadequate packing, missing hazard information or missing or incorrect documents, even without fault (art. 919). The forwarder has a lien on the goods for all claims under the forwarding contract (art. 923).
TİO licence and insurance
Private-law liability is set by the Commercial Code; permission to operate is governed by the Transport Organiser Regulation (Official Gazette 27.08.2022, amended Official Gazette 19.06.2025). Anyone who carries on this business must hold a TİO licence from the Ministry (art. 5/1).
- Capital: obtaining or renewing a licence requires capital of at least 1,000,000 lira (art. 7/1-ç). Firms that held a licence on 19 June 2025 do not have to meet this until their first renewal (temporary art. 6).
- Term: the licence is valid for 5 years; a first licence can be issued once for 1 year (art. 10/1–2). The licence shows its number, expiry date, trade name and tax number (art. 9/3); it cannot be sold or transferred (art. 9/6).
- Transport document: the licence holder may not carry or have carried goods it has undertaken to transport without a transport document (art. 17/3).
- Period of liability: it is liable for loss, damage and theft from the moment the goods are taken over until they are delivered (art. 17/4).
- Insurance: it must take out carrier's liability insurance for the liabilities arising from the transport it organises and undertakes (art. 19/1).
Liability insurance pays because of the insured's liability and up to the amount in the policy (TTK art. 1473/1). A loss the forwarder is not liable for, or the part above its liability limit, is not covered by that policy. Protecting the value of the cargo takes a separate cargo insurance policy, and the UTİKAD Rules expressly make that the customer's job (art. 3.2).
The UTİKAD Rules
UTİKAD, the International Association of Transport and Logistics Service Providers in Türkiye, publishes standard terms that forwarders can make part of their contracts, known as the UTİKAD Rules. They are not law; they apply only if they were made part of the contract, in writing, orally or in any other way (art. 1.1). Once incorporated, they prevail where they conflict with the contract (art. 1.2), but they cannot override mandatory provisions of national law or of conventions Türkiye is party to (art. 1.3, art. 23).
- Cargo insurance is the customer's responsibility; the forwarder does not arrange it unless the customer expressly asks in writing (art. 3.2).
- Loss and damage: the forwarder's liability is subject to the conditions and limits in the legislation (art. 12.1). For services where the legislation sets no limit, the limit is 2 SDR per kilogram of gross weight, not exceeding the value of the goods (art. 12.2).
- Delay: transit times given are estimates; if the forwarder is held liable for delay, compensation cannot exceed the charge for that transport (art. 13.1–13.2).
- Indirect loss: there is no liability for indirect loss such as loss of profit, business or customers (art. 15.1).
- Undeclared goods: the forwarder is not liable for valuable, dangerous or special goods not declared in writing when the contract was made (art. 15.2).
- Notice of damage: in writing within 7 days of delivery; otherwise the goods are deemed received in good condition. For other losses, 14 days from becoming aware (art. 18.1–18.2).
- Lien and retention: the forwarder has a lien and a right of retention over the customer's goods and documents for its claims (art. 20.1).
If the forwarder issued a FIATA FBL, the picture changes: under the FBL conditions the issuing forwarder assumes liability for performing the multimodal transport as a carrier. The limit is 666.67 SDR per package or 2 SDR per kilogram of gross weight, whichever is higher; if the transport includes no sea or inland waterway leg, 8.33 SDR per kilogram (FBL conditions art. 8.3, 8.5).
What to check in the contract
- Licence: ask for a copy; check its number and expiry date.
- Price structure: a single price including carriage costs, or a service fee with freight passed on separately? The capacity in which the forwarder is liable depends on it.
- General terms: does the quote or invoice refer to the UTİKAD Rules or to FIATA conditions?
- Cargo insurance: who arranges it, and with what cover? If you want the forwarder to arrange it, ask in writing.
- Special goods: declare valuable, dangerous or special-handling cargo in writing when the contract is made.
When it goes wrong
No cargo insurance because the forwarder is insured
The forwarder's compulsory insurance covers its liability, not the value of your cargo. Anything above the liability limit, or damage the forwarder is not liable for, is left uninsured.
Damage is reported weeks later
If the UTİKAD Rules are part of the contract and damage is not reported in writing within 7 days of delivery, the goods are deemed received in good condition. Note reservations on delivery and give notice in writing.
The delay loss is bigger than the freight
Where the Rules apply, compensation for delay is capped at the charge for that transport. If you have a contract that depends on the delivery date, agree this separately and in writing.
Valuable cargo is handed over as ordinary goods
The forwarder is not liable for valuable or dangerous goods that were not declared in writing; for dangerous goods, giving notice is also the sender's duty under the Commercial Code (art. 919/1).
Frequently asked
Is a forwarder the same as a haulier or carrier?
Legally, no. A carrier undertakes to carry the goods itself; a forwarding agent undertakes to have them carried (TTK art. 917). But if the forwarder quoted a single price, carried the goods itself or shipped them as a consolidated load, it has the rights and obligations of a carrier (art. 921, 926, 927).
Do the UTİKAD Rules apply to every job?
No. They apply only if they were made part of the contract by reference (art. 1.1) and cannot override mandatory provisions (art. 23). Check whether your quote or invoice refers to them.
Does the forwarder have to insure my cargo?
Under the law, only if that was agreed (TTK art. 918/2). The insurance the Regulation makes compulsory covers the forwarder's own liability (art. 19/1). If the UTİKAD Rules apply, cargo insurance is the customer's job and the forwarder arranges it only on written request (art. 3.2).
How long is a TİO licence valid?
Five years. A first licence can be issued once for one year (Regulation art. 10/1–2). The expiry date is shown on the licence (art. 9/3).
Sources
- Turkish Commercial Code No. 6102 Articles relied on: art. 917 (contract), art. 918 (duty to have goods carried), art. 919 (sender's duty to inform), art. 921 (fixed price), art. 923 (lien), art. 926 (performing the carriage), art. 927 (consolidated load), art. 928 (liability), art. 929 (auxiliaries), art. 930 (time bar), art. 1473/1 (liability insurance) · mevzuat.gov.tr · accessed 29 Sep 2026
- Transport Organiser Regulation, Official Gazette 27.08.2022 / 31936 art. 4/1-i (definition), art. 5/1 (licence requirement), art. 7/1 (conditions), art. 9/3 and 9/6 (content of the licence, non-transferability), art. 10 (term), art. 17/3–4 (transport document, period of liability), art. 19/1 (carrier's liability insurance) · resmigazete.gov.tr · accessed 29 Sep 2026
- Official Gazette 19.06.2025 / 32931 — amending regulation Capital of at least 1,000,000 lira in art. 7/1-ç; temporary art. 6 (not required of existing licence holders until first renewal) · resmigazete.gov.tr · accessed 29 Sep 2026
- UTİKAD — UTİKAD Rules on Transport and Logistics Services art. 1 (application), art. 3 (insurance), art. 12–15 (liability and limits), art. 18 (notice of loss), art. 20 (lien), art. 23 (mandatory law) · utikad.org.tr (PDF) · accessed 29 Sep 2026
- FIATA — Documents and Forms FBL standard conditions (1992): definitions (the forwarder assumes liability as a carrier), art. 8.3 and 8.5 (limits) · fiata.org (PDF) · accessed 29 Sep 2026
This page is for information only. It is not legal advice. The Code, the Regulation and the standard terms were read directly and article numbers are given. How the Code's forwarding provisions, the Regulation's liability provision and standard terms incorporated into a contract work together in a particular case is a matter of legal interpretation; in a claim or dispute, consult your lawyer.
Change log
- Page published. The Commercial Code provisions were written from the text on mevzuat.gov.tr, the Regulation and its 2025 amendment from the Official Gazette, and the UTİKAD Rules and FIATA FBL conditions from the PDFs the two organisations publish, all read directly.