64 NEWSLETTER 2021 of the contracting carrier within the framework of the freight contract concluded with the shipper are only binding on the contracting carrier, and have no effect on the actual carrier. The carrier continues to be liable for the whole carriage within the framework of the freight contract concluded with the shipper, regardless of another carrier performing the carriage, partially or wholly. In this respect, the carrier is liable for the acts and omissions of the actual carrier and its agents working for the carriage and acting within the framework of their duties and authority under the provisions of liability set forth in the TCC. There is no contract between the actual carrier and the shipper, since the actual carrier does not undertake a carriage for the person who is related to the goods or the shipper. However, the legislation allows the person who is related to the goods to claim a right directly against the actual carrier if damage occurs. Within this scope, the person who is related to the goods may claim a right both against the actual carrier and the contracting carrier for the compensation of its loss which occurs within the liability period of the actual carrier or occurs due to an act that takes place within this period. Regulations limiting the liability of the carrier and the provisions regarding the circumstances under Article 1182 of the TCC that give rise to prima facie evidence that the carrier is not liable and relieves the carrier from liability, are valid for the liability of the actual carrier, since it is subjected to the principles for the carrier’s liability established under the TCC. Conclusion The fact that the carriage both in international and domestic waters is performed by different actors has led to the emergence of the concept of “actual carrier,” and the need for establishing the liability of the actual carrier. The legislator has established the scope of the rights and obligations of the actual carrier and, as well, has provided protection for the rights of those who are related to the goods with detailed regulations under the TCC regarding the liability of the actual carrier for the carriage of the goods by sea.
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