NEWSLETTER-2017

57 COMMERCIAL LAW As for other damages, if the carrier is liable for the breach of a contractual obligation connected with performance of the carriage of the goods, its liability for that damage that has not resulted from loss or damage to the goods, or from non-compliance with the delivery period, and which is not damage to the goods or persons, and is limited to three times the amount payable in the event of loss of the good. Liability for Acts of Agents and Servants The carrier is liable for the acts and omissions of its agents and servants and other persons whose services it uses for the carriage of the goods, when such agents, servants or other persons are acting within the scope of their employment, to the same extent as for its own acts and omissions. Willful Misconduct Being a new concept introduced to Turkish law with the enact- ment of the TCC in 2012, willful misconduct has been regulated in the road transport law section of the TCC, which corresponds toArticle 29 of the CMR. In this respect, it is stipulated that the exemptions from, and limitations to, the liability do not apply if the damage resulted from an act or omission of the carrier or its agents and servants, or the damage is done with the intent to cause such damage, or recklessly, and with knowledge that damage will most likely occur. Limitation Period for Actions The limitation period has been stipulated in the TCC in accor- dance with the principles of the CMR. The period of limitation for an action arising out of carriage is one year, and in cases of intent and willful misconduct, it is extended to three years. The limitation period runs from the day upon which the goods were delivered and in case of total loss, the period runs from the day upon which the goods ought to have been delivered.