NEWSLETTER-2020-metin

69 COMMERCIAL LAW points the forwarder for the purpose of having the goods carried, and undertakes to pay the fee agreed upon in the contract. Under the freight forwarding contract, the forwarder undertakes to have goods carried, not to carry them, personally. What should be understood from the expression, “ have the goods carried, ” is the or- ganization of the carriage. In this context, the forwarder is obliged to determine the transport modes and transportation route, to appoint the carrier or carriers to perform the actual carriage, to make the required contracts of carriage, warehouse, and freight forwarding, to give re- quired information and instructions to the carrier or carriers, and to secure the rights of the consignor as to compensation. Furthermore, fulfillment of performances like insurance, packag- ing, marking and clearance of the goods agreed upon for carriage, are within the scope of the obligations of the freight forwarder. Under the freight forwarding contract, unless otherwise provided, the freight forwarder is obliged to make required agreements for the fulfillment of these performances. Pursuant to Article 918 of the TCC, the freight forwarder makes required agreements in his own name. In this context, it is accepted that an indirect representation relationship has been established be- tween the consignor and the forwarder. If authorized by the consignor, it makes the relevant agreements on behalf of the consignor. In this case, the freight forwarder will directly represent the consignor. It is significant in terms of who will be deemed liable to the carrier under the carriage contract and on behalf of whom (forwarder or consignor) the contract of carriage is to be made between the forwarder and the carrier. The freight forwarder is obliged to protect the benefits of the consignor and obey the instructions of consignor while carrying out its duties. Undertaking the Carriage of Goods by the Forwarder The freight forwarder may undertake to perform the carriage of the goods. If it uses this right, the forwarder is considered as the carrier in terms of the rights and obligations arising from the carriage. In this