This contract regulates the terms of the services for the collection, distribution, and delivery of Shipments that do not fall under the postal monopoly, which will enter into effect by and between Aras Kargo Yurt İçi Yurt Dışı Taşımacılık A.Ş. (Istanbul Trade Registry No.: 298471) (the “Carrier”) with a head office at Rüzgarlıbahçe Mahallesi Yavuzsultan Selim Caddesi No:2 Aras Plaza Kavacık/İstanbul and the Sender, as well as the legal of the parties.
The “Sender” refers to the natural person or legal entity sending the shipment, the “Shipment refers to the item to be transported, the “Recipient refers to the natural person or legal entity to whom the shipment will be delivered, the “Delivery Point” refers to the third-party delivery points or delivery lockers contracted by the Carrier used for the delivery of the Shipment.
The Sender is obliged to ensure that the package of the Shipment is of appropriate size and soundness for transportation and deliver it to the Carrier in its original packaging and/or in packaging suitable for its characteristics and conditions of transportation by hand and with road transport vehicles.
The Carrier's liability is limited to the loss and damage caused during the period from the date of delivery of the Shipment to it to the date of delivery to the Recipient or the Delivery Point for pickup by the Recipient, within the legal limits. If the loss and damage arise from missing items and cause defection in the previously present in the Shipment, or from the nature and/or packaging of the Shipment, or from the Sender's/Recipient's acts or instructions, but not from the Carrier's fault, the Carrier shall not be held liable.
Checks, promissory notes, etc. negotiable instruments, gold, etc. precious metals, money, and Shipments that are prohibited to be transported under the relevant legislation, those the transportation of which is subject to a license or permit but no documents have not been submitted, those that require special transportation conditions and this should be determined by known signs, those classified as “dangerous” under legal legislation, the hazardous substances prohibited to be transported under the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) and relevant legislation, the hazardous substances subject to special authorization, and those falling under the postal monopoly, are not transported. The Carrier shall not be held liable to compensate for any damages that may arise in the event of transportation of such Shipments.
The Sender is obliged to inform the Carrier, in full and correctly, of the necessary information and/or documents related to the destination, type, quantity, and content of the Shipment and related to the Recipient. The Sender bears all kinds of responsibility arising from incorrect and incomplete declarations.
Under normal conditions (except for adverse transportation conditions, force majeure, etc.), Shipments with a distance of up to 600 km are delivered to provincial centers within 1 business day, the Shipments with a distance of more than 600 km are delivered to provincial centers within 2 business days. * In case of exceeding the transportation duration, the Carrier's liability is limited to 3 times the transportation fee, provided that the damage is proved.
The Carrier delivers the Shipments sent by the Sender as “delivery to address” to the person present at the address. In cases where the recipient and other relevant persons who can take delivery cannot be found at the address, the Carrier sends an SMS to the recipient's mobile phone number registered in the system to inform him/her. In this case, the buyer receives the Shipment from the branch. The Shipment is kept in the branch for a maximum of 3 days.
The Sender requests the return of the shipments that cannot be delivered due to the reasons arising from the Recipient and shall pay 50% of the transportation fee agreed in the Contract of Carriage to the Carrier in relation to the returned shipment.
By delivering the Shipment to the Carrier for transportation, the Sender is deemed to have given consent to the issuance of the document digitally in a way that the Carrier deems appropriate to prove the provision of the service.
In case of loss, theft, and damage to the Shipment, the value of the Shipment must be proved by the Sender. Otherwise, the determination is made according to the value of the Shipment of the same type and size at the place where it will be delivered to the recipient. In any case, the compensation amount is limited to the amount that meets the special drawing right regulated in Article 882 of the Turkish Commercial Code.
The Carrier shall have no liability whatsoever for the Shipment received by the Recipient without declaring any reservations.
Except for the Shipments paid by the recipient, the transportation fee is paid in advance by the Sender. The Sender shall bear all kinds of taxes, duties, and fees arising from the transportation and in force on the date of transportation.
The Sender shall bear all responsibility for the Shipments, which are commercial commodities but seized as a result of tax and other financial audits that will be carried out at any stage of transportation due to the lack of a waybill or missing document. Istanbul Courts and Enforcement Offices shall have exclusive jurisdiction in disputes arising out of this contract.
All the details regarding the operational transportation standards, compensation procedure, service level commitments, and Personal Data Privacy Notice related to the service provided by the Carrier can be accessed at www.araskargo.com.tr.
