Legal

We apply the following procedure for compensation claims received and to be received from our customers concerning the service we provide.

Compensation Procedure:

The customer (the recipient or the sender) must apply to the service unit, from/at which the shipment departs or arrives, or to the Regional Directorate, to which the service unit is affiliated, with a written petition. 3rd parties who are not in the position of the sender or recipient of the shipment cannot apply for compensation. In the case of an online compensation application, the signed version of the compensation petition should be uploaded to the system during the application. The original document should then be sent to the address of Aras Kargo’s head office as well.

Information to be Included in the Compensation Petition;
  • The name of the unit where the compensation application is made
  • Waybill number/shipment tracking number and date
  • The date of the warehouse delivery receipt (if any, must be submitted)
  • Clear and understandable explanations of the reason for the loss (missing/damage/accident, etc.)
  • The amount of compensation claimed
  • Shipment content information and customer statement (detailed information about the content of the product, product name, quantity, brand, and model information as regards the number of pieces for which compensation is claimed
  • Name-surname, Turkish identity number, address, phone number, e-mail address, the signature of the compensation applicant
  • Applicant’s bank account information (Bank name, account number, IBAN)
Documents to be Attached to the Application Petition,
  • The photocopy of the warehouse delivery receipt (if any, must be submitted)
  • In case of damage/loss, an official document documenting the value of the shipment content, (selling invoice for the product shipped, otherwise purchasing invoice, receipt, etc.), an invoice of a similar product if there is no product document, as well as waybill of the product for the date of transportation in commercial shipments (“The waybill must be issued in accordance with subparagraph (5) of Article 230 of the Tax Procedure Law No. 213”)
  • If the content of the shipment is a product to be repaired, the service form, the invoice for the repair, the invoices for the changed parts, and the photo of the damaged product
Compensation File Evaluation Process
a) Examination:

Preliminary examination stage: The service unit, from/at which the shipment departs or arrives, records the compensation petition and documents submitted by the customer on the compensation screen and sends them to the Regional Directorate to which it is affiliated. The application petition and documents submitted to the Regional Directorate are taken into the preliminary examination. In case of a mistake in the petition and missing documents, the customer is requested to complete the documents within the given time (3 working days). The Regional Directorate, if deemed necessary, can request information/documents in addition to the above-mentioned documents.

Upon submission of incomplete information and documents by the customer, the evaluation process begins. Should the customer fail at completing the missing documents, within the time prescribed, the application will be rejected without proceeding to the evaluation stage.

Evaluation Stage: In the applications made due to loss, the research process is initiated at all units and transfer centers throughout Turkey for the shipment. In such applications made due to damage/delay, opinions and records are requested from all transit routes from the departure of the shipment to the moment it is delivered to the recipient.

Should the lost shipment not be found, the waybill/invoice dated at the time of transportation showing the cost of the product cannot be presented, and in cases where it is unclear what the amount of compensation claimed in the compensation petition is determined according to, the compensation price of the shipping is determined via SDR* rate in accordance with Article 882 of the Turkish Commercial Code. Where the SDR cost is higher than the claimed cost, the payment confirmation is given based on the claimed cost.

b) Conclusion:

After the investigation and opinion request process are completed, the Regional Directorate submits the file to the approval of the General Directorate along with its positive or negative opinion on the file.

The complete delivery of the documents requested above does not indicate any certainty concerning whether or not the compensation request will be accepted. Aras Kargo A.Ş. has the right to reject the compensation claim according to the provisions of the Turkish Commercial Code No. 6102 and the relevant legislation by examining the information/documents requested as a result of the investigation, opinions, and evaluations.

Acceptance of the Compensation Claim:

Should the compensation claim be accepted, customers are requested to sign a letter of release and expense statement, and the customers to issue an invoice in accordance with the Tax Procedure Law are required to issue a letter of release and an invoice for compensation issued on behalf of Aras Kargo A.Ş. The letter of release and the expense statement are sent to the relevant unit to be signed by the customer.

After the requested documents are issued, signed, and delivered to the relevant unit by the customer, they are sent to the Regional Directorate. The payment is made to the bank account of the customer.

If full compensation is paid, the damaged delivery, which is the subject of compensation, must be given to Aras Kargo.

Rejection of the Compensation Claim:

In case of rejection of the compensation claim, the customer is informed of the rejection of the application by an e-mail to be sent to the e-mail address registered in the system of the customer or by the relevant unit. If the customer objects to the compensation result, a re-evaluation is carried out by applying the same procedure mentioned above.

(Our company shall not be held liable in cases where Aras Kargo A.Ş. is not responsible for the damage and loss of the shipment and in cases where there are reasons for non-liability specified in the Turkish Commercial Code no. 6102 and the relevant legislation.)

Reasons for Refusal of Compensation Claim;
  • The cases where the absolute responsibility of the sender is regulated within the scope of Article 864 of the Turkish Commercial Code,
  • Failure to pack or pack insufficiently the shipment by the shipper,
  • All kinds of substances prohibited by law or prohibited to be purchased, sold, transported, or handed over by the relevant legislation, according to Article 19/f of the Regulation on Authorization Related to the Postal Sector;
  • Compensation claim by a 3rd party other than the sender or recipient,
  • Failure to prove that the product has been delivered to the transporting company (ATF at the time of delivery to the branch),
  • Transportation of the product with an uninsured liability certificate**,
  • If there is a transport contract concluded between the sender/recipient and our Company, the contractual terms,
  • The requested product, for which the compensation claim is made, is not the same as the product content registered in the system,
  • Failure to provide information/documents,
  • Complaint after delivery to the recipient,
  • Delivery of product non-compliant with Aras Kargo A.Ş. Operational Transportation Standards,

(The changes made regarding our compensation procedure will be up-to-date and published on our web page and will take effect as of the publication date.)

In Case of Dispute;

Istanbul Courts and Enforcement Offices shall have exclusive jurisdiction in disputes arising out of transportation.

*SDR: Special Drawing Right. The Special Drawing Right shall be converted into Turkish Lira according to the value determined by the Central Bank of the Republic of Turkey on the date of delivery of the goods to the carrier for transportation purposes or on another date agreed by the parties. The SDR rate is determined by the Central Bank on a daily basis. This rate is available on the website https://www.tcmb.gov.tr/kurlar/kurlar_tr.html. The SDR rate is calculated based on the exchange rate on the date when the shipment was invoiced. (SDR Rate * 8,33 * deci = amount to be paid)

** Click here to view the responsibility certificate.