NEWSLETTER-2017

61 COMMERCIAL LAW with respect to the carrier’s liability shall also be valid for the actual carrier with reference to the part of the carriage that was performed by it. Nevertheless, the carrier is responsible for the whole carriage, whether or not the carriage was performed wholly or partially by the actual carrier. In this respect, the TCC stipulates that the carrier is vi- cariously liable for losses caused through the fault or neglect of the actual carrier or its servants. This period of responsibility includes the times during which the carrier has charge of the goods at the ports of loading and discharge - the “port to port” period. On the other hand, carriers will not be held liable if damage or loss occurs due to a fault in the technical management of the vessel or a fire on board, so long as the damage or loss did not arise due to the carrier’s own fault. In other words, in such cases, the carrier is excused from liability even if the loss or damage had been caused by the negligence or fault of the carrier’s employees. Additionally, the carrier is excused from liability if the loss or damage has arisen while saving or attempting to save lives or property at sea. In principle, the liability of the carrier is based on fault 2 . How- ever, the carrier’s fault is “ prima facie ” presumed where the claimant establishes that it suffered a loss or damage caused by circumstances that occurred during the period the goods were in the custody of the carrier. The burden to prove the absence of fault or neglect rests with the carrier. In order to rebut this presumption, the carrier must prove that the loss was not caused or contributed to through its fault or neglect, nor the fault or neglect of its servants and agents. Unless the carrier rebuts this presumption, its fault or neglect is presumed. On the other hand, in certain circumstances as set forth in Article 1182 of the TCC, the fault presumption is reversed. According toArticle 1182 of the TCC, the existence of the below- mentioned circumstances give rise to prima facie evidence that the carrier is not liable: 1. Perils and accidents that occur at sea or on other waters upon which the vessel can operate; 2 Sözer, p.617.