
TRANSPORTATION CONTRACT
1- Parties and Definitions
In this agreement;
CARRIER: MEG CONSTRUCTION TOURISM INDUSTRY AND TRADE LTD. CO. (FAST EXPRESS)
SENDER: The natural or legal person sending the cargo,
RECIPIENT: The natural or legal person to whom the cargo is sent.
SHIPPING: Packages, samples, gifts, documents, commercial goods, or other movable items,
MAIN CARRIER: Refers to the contracted international shipping companies that handle the international transportation of the shipment.
2- Legislation
International carriage of the consignment by air shall be governed by the Montreal Convention or the Warsaw Convention (and other relevant local and international legislation), and international carriage by land shall be governed by the CMR (and other relevant local and international legislation). Consignments carried within a country (between designated locations within a country) shall be governed by the laws of that country, all applicable local rules and conditions of carriage of the carrier and the principal carrier, and the terms of this contract.
3- Packaging and Sender Responsibility
The sender is responsible for ensuring that the shipment is packaged (packaging, marking, labeling, etc.) in a manner and under conditions suitable for all types of transport by land or air. The sender, assuming expertise in this area, is obligated to ensure that the shipment packaging meets the required strength, dimensions, and standards for cargo services, and complies with agreements, regulations, laws, and rules. Therefore, in the event of any damage or loss during transport due to packaging, all responsibility lies with the sender, and the carrier bears no liability. Operationally, shipments are only checked for compliance with international transportation regulations in terms of content.
4- Prohibited and Dangerous Shipments
5- Security Check
In accordance with the principle of privacy enshrined in Article 20 of the Constitution of the Republic of Turkey, the contents of packages delivered to the carrier by the sender are not inspected. Therefore, the carrier cannot be held liable, either financially or morally, to the sender or the recipient for any loss or missing contents of packages delivered without the sender having inspected them.
However, the carrier reserves the right to open the shipment, pass it through an X-ray machine, inspect it, and deliver it to official institutions within the scope of security, transportation safety, customs procedures, or requests from official authorities.
6- Shipment Content and Verification
The sender acknowledges that the contents of the shipment are accurate and complete. The carrier is not responsible for any inaccurate or incomplete declarations of the shipment contents.
7- Pricing
Shipping costs are determined based on the weight and volume of the shipment, the country of delivery, and the service area. In case of discrepancies in measurements, the actual weight and volume will be used.
In case of requests for changes to the delivery address (including corrections due to an incorrect address), the sender agrees to pay an additional shipping fee.
In shipments where the shipping fee is collected from the recipient, if the recipient refuses to pay the fee, the sender is responsible for and hereby accepts and undertakes to pay the shipping fee and other expenses (including all customs duties and taxes of the sender and recipient countries, special handling fees, and all costs incurred by the carrier under any name whatsoever) in cash and immediately.
8- Customs and Taxes
The sender and/or consignee are responsible for all customs duties, fees, storage charges, and official expenses that may arise during the transportation process. The carrier has the right, at its own discretion, to pay these costs and invoice the consignee. If the consignee does not accept or pay the invoice amount, the costs will be paid immediately and in cash by the sender, who hereby accepts and undertakes this in advance.
9- Commercial Document Obligation
In commercial shipments, providing the delivery note, invoice, and other necessary documents is the sender's responsibility. The sender is liable for all financial and non-financial consequences arising from the carrier's failure to be informed of this requirement.
10- Delivery
The carrier may deliver the shipment to the recipient, their employee, building manager, or any person accepting the delivery at the delivery address.
Electronic signature, delivery code, GPS recording, delivery photograph, delivery form, and system records are considered valid proof of delivery.
11- Damage and Loss Reporting
The carrier's liability is limited to the period from the date of receipt of the shipment to the date of delivery to the recipient. Upon delivery, the recipient must inspect the shipment for damage before accepting it. In case of any suspicion, the package should be opened with the delivery person to determine if there is any damage. The carrier is not responsible for damages or other complaints made after the shipment has been delivered to the recipient.
In the event that a shipment is lost or damaged while en route to the consignee due to the carrier's fault, the amount the carrier is liable to pay the sender shall be limited to the provisions of the Warsaw Convention and/or the CMR Convention, if the countries of origin and destination of the shipment are subject to these Conventions, and shall be determined and compensated in accordance with the relevant provisions. If the countries of origin and destination of the shipment are not subject to the Warsaw Convention and/or the CMR Convention, the carrier's liability shall be limited to the value declared as "total value of materials" in the proforma invoice submitted by the sender to the carrier, up to a maximum of 100 USD (One Hundred US Dollars). The insurance premium corresponding to the first 100 USD (One Hundred US Dollars) of the material value stated in the proforma invoice is included in the transportation price.
12- Limits of Responsibility
The carrier's liability is limited to the relevant international agreements and applicable legislation.
The carrier is not liable for loss of profit, loss of reputation, commercial damage, indirect damage, and consequential damage.
These limitations of liability apply except in cases of intent or gross negligence on the part of the carrier.
13- Insurance
If the consignor has not declared an additional value in writing in the value declaration (customs value) section on the front of the bill of lading, they are obliged to deliver a proforma invoice with the same value to the carrier. The value accepted as the cost of the materials will be the value written on the proforma invoice delivered by the consignor to the carrier. The consignor hereby accepts that the maximum compensation value of the shipment remains within these limits.
The sender may request additional transport insurance. Insurance coverage is limited only to the risks specified in the policy. If the sender requests insurance for a higher value, the sender must inform the carrier, and the sender or carrier may arrange an additional insurance policy to insure the shipment up to a maximum of 7,500 EURO (seven thousand five hundred euros) or 7,500 USD (seven thousand five hundred US dollars), with the insurance premiums and other expenses borne by the sender. If this insurance is arranged by the sender or declared to have been arranged, the carrier is not obligated to request the insurance policy, and it is assumed that the sender has arranged the transport insurance. All responsibility regarding this matter (delivery of the shipment without insurance, etc.) rests with the sender, and the carrier has no responsibility whatsoever.
Inadequate packaging, natural spoilage, official authorities' actions, or prohibited shipments are not covered by insurance.
14- Force Majeure
The carrier cannot be held liable for delays or impossibilities of delivery that may occur due to natural disasters, war, terrorism, pandemics, strikes, official decisions, adverse weather conditions, flight cancellations, technical malfunctions, and similar circumstances beyond the carrier's control.
15- Returns and Non-Delivery
Shipments rejected by the recipient will be notified to the sender by phone or email. If no response is received from the sender or recipient within 7 days, the shipment will be destroyed or returned to the sender according to the laws and conditions of the customs of the country of origin. All costs arising from these processes (all customs duties, special handling fees, return freight charges, return country customs charges and all other expenses) shall be borne by the sender, and the sender agrees and undertakes to pay these costs in cash and immediately.
If no one is available to receive the shipment at the delivery address, the carrier will attempt delivery two more times (a total of three times). If no one is available to receive the shipment after three attempts, the shipment will be returned to the sender at the sender's expense and all fees will be borne by the sender, and the sender hereby accepts and undertakes this condition in advance.
16- The sender acknowledges that the transportation subject to this agreement may be carried out by other main carriers or secondary carriers, individuals or entities, with whom the carrier has an agreement, as deemed appropriate by the carrier.
17- Protection of Personal Data
Personal data belonging to the sender and recipient may be processed and shared by the carrier and contracted service providers for the purposes of carrying out the transportation service, delivery operations, customs procedures, and fulfilling legal obligations.
18- Electronic Approval
The terms of this agreement are deemed accepted if the sender requests transportation through their website, mobile application, email, SMS, WhatsApp, or other digital platforms.
Electronic records constitute conclusive evidence.
19- Competent Court
In the event of any disputes arising from this agreement, the Courts and Enforcement Offices of Izmir shall have jurisdiction.