NEWSLETTER-2017

62 NEWSLETTER 2017 2. Acts of war, commotions and riots, acts of public enemies, orders by authorities or quarantine restrictions; 3. Court-ordered seizures; 4. Strikes, lockouts or other labour restraints; 5. Acts or omissions of the shipper or the owner of the goods and their agents or representatives; 6. Wastage in volume or weight by itself or an inherent defect of the goods or the natural type or quality of the goods; 7. Insufficient packing; and 8. Insufficient markings. In this respect, if the loss, damage or delay in delivery occurs due to above-mentioned reasons, it will be presumed that the loss, damage or delay in delivery was caused through no fault or neglect of the carrier or of its servants and agents. In such cases, the claimant must prove that the loss was indeed caused by the fault or neglect of the carrier 3 . The total amount recoverable from the carrier is calculated by reference to the value of such goods at the place and time of delivery. The value of the goods is fixed according to the commodity exchange price or, if there is no such price, according to their market price or, if there is no such price, by reference to the normal value of the goods of the same kind and quality. Delay in Delivery Delay in delivery occurs when goods are not delivered to the place of destination provided in the contact of carriage within any time expressly agreed upon or, in the absence of such agreement, within the time it would be reasonable to expect of a diligent carrier. As per Article 1178/5 of the TCC, goods are deemed to be lost if they have not been delivered within sixty consecutive days following the expiry of the time for delivery. 3 Damar, Duygu, Carrier’s Liability for Passengers, Baggage and Cargo, Transport Law in Turkey, 2013, p.165.