The Freight Agreement is one of the contracted maritime trade contracts for freight transportation by sea. It’s meant by sea; there will be no freight contract for transports in inns, rivers and lakes.TTK m.1138 has been defined by the provision, the shape requirement is not foreseen. Because the shape requirement is not foreseen; orally, even with communication tools such as e-mail and telephone, the contract can be established, but in the maritime sector, the freight contract is mostly written.
1.What are the elements of the Freight Agreement?
*Transport Commitment: It is imperative that the transporter commits to a carriage to the vehicle. Shipping starts at the loading dock; ends at the port of unloading/unloading.In the Freight Agreement, the unloading port and the person/company sent are not required to be specified, the person carrying the load can be notified to the captain, even during the flight where the load will be delivered. For example, a contract to transfer cargo to another ship in the middle of the sea is also a freight contract for laying cables at the bottom of the sea, to take the cables to the place where the laying process will begin, and to deliver them to the ship that will do so.
*Load Transport: The subject of the transport commitment is the carriage of goods. They are non-living human elements defined by the item. Live animals and funerals are also the subject of freight contracts as a burden. In addition, it is not obligatory for the load to be carried to be commercial goods and to have economic value.
*Transportation by Sea: The element of transporting the load by sea means that there can be no freight contract for transports to be carried out in rivers and lakes and in the inn waters. In addition, freight contracts cannot be made for mixed transports called ‘multimodal transport’ because the entire carriage must be done by sea for the freight contract.
*Transport by Ship: In for the freight contract to be established, the transport must be made with a trade ship. Tcc. Under the provision of m.931, ships used for economic benefit in water are trade vessels.
*The bearer is obliged to take the necessary measures to take care of the burden and protect it from damage and casualties in accordance with the debt of care. With the delivery of the load to the bearer, the legally carrying load is directly and feri zilyedi, and the captain becomes the vice-president. This adjective imposes savings authority and obligations on the load within legal limits.
*Freight Payment: TTK. M.1138 provision, the transport commitment is made in exchange for freight. Freight is the fee at which the vehicle is committed to paying for the carriage of the load. Tcc. m.1195, freight is determined freely. However, if it is not determined by contract, general-pass freight is paid at the time of installation and in place. There is no freight contract for free transportation.
2.Parties to freight agreement and Freight Related
*Carrying: The party that has committed to transporting cargo by sea. The bearer is a status arising from the contract. The bearer may also be the ship’s equipment or the ship’s operating contractor.
*Transporter: In practice, the maliki of the load is mostly carried at the same time. It is the party responsible for paying the freight.
*Loader: It is a representative status of the vehicle and has limited authority. It has the right to carry out all transactions and legal treatment related to the delivery and loading of the load, to request the arrangement of the cones on the load and to determine what is sent to the cones.
*Sent: The person authorized to pick up the load in the port of Varma on his behalf (which is not required to be on his own account). The authorized ttk. m.1197,1203 is based on the conesment and the freight contract for unregated carriages. The legal relationship between the bearer and the TTK. m.1237.
3.Types of Freight Agreement
A) Kirkambar Convention (Bill Of Lading Contract)
*TTK. in accordance with m.1138/1-b; the only purpose of the vehicle is to send the load, while the bearer is committed to carry the cargo by ship. *In the Kırkambar contract, no specific place on board is allocated to the cargo. Besides, the ship is not necessarily specified by name. The bearer has the right to carry the ship to carry the load by name, even if it is specified by name.*The vehicle has no savings or authority in transport, only delivers the load and pays the freight. However, the contract may be subject to ‘transport-related terms’. For example, for products that need to be kept at a special temperature of age fruits and vegetables, raw meat-fish, etc., it can be required to be transported at -5,-8 degrees.
B) Charter Contracts/Party
Full Tsarter Contracts: The type in which the entire ship will be allocated to the loads of the vehicle. The most common type is the Time Wheel Agreement.
Partial Tsarter Contracts: Only a certain portion of the carrying capacity is allocated to the vehicle, not the entire ship. For example, the allocation of warehouses 8,9,12,17 from the ship’s warehouses, or 45% of capacity, 75%.
Time Charter: TTK. in accordance with m.1131/1; The Time Wheel is the contract that provides the right to ship between the ports of its wish, provided that the ship and the ship comply with the geographical limits set out in the contract within the period specified in the contract. *Time Wheel Contracts are made for the transportation of bulk loads such as fuel oil, crude oil, grain, coal, ore.*Time wheel contracts, which are about carrying cargo, are freight contracts. In this case, the TTK. TTK, which regulates freight contracts other than m.1131-1137. m.1138-1245. *The time wheel contract, which provides the allocation of the ship for a certain period of time for the purposes of laying cables, drilling, providing tugboats or rescue services, doing scientific research, etc., is not a freight contract. In this case, the TBK. will be described as a ‘lease or exception agreement’ and these provisions will apply.*The ship that will be the subject of the Time Wheel Agreement must be specified in detail in the contract. The ship’s name, speed, fuel consumption, performance, specifications, etc. are detailed.*If the contract does not have a substitution clause; the tsarterer does not have to accept ships other than the ship defined in the contract. If there is a ‘Substitut Toilet’; if the other ship to which the ship will propose to the gazebo has all the characteristics of the vessel described in the contract, then the gazebo will have to accept it. *TTK. in accordance with m.1133/1-b; It is authorized to use the tsarterer/allocated ship as it wish, to save money. With the addition of ’employment clause’ to the contract; the captain is authorized to instruct the ship for commercial use.*In practice, some conditions are put in place to limit this authority of the wheel. These conditions are called ‘Trading Limits‘ in international shipping. For example, the captain does not have to izma the cones for the load received for an unloading port outside the ‘trading limits’. *With the addition of ‘Off-Hire Toilet’ to the contract; the delay of the wheel means that the ship is not paid freight for certain reasons that may occur during the expedition, for which it is not possible to use the ship. For example, freight is not paid for times when the ship is unavailable in cases of machine failure, fire, stranding, ship precaution, crew defect/strike, etc.
Voyage Charter: Contracts in which the ship is allocated for one or more voyages to transport the cargo of the vehicle and the freight is calculated accordingly.*The most important difference according to the Time Wheel; the vehicle/wheel of the ship is not authorized to plan and manage the ship’s expeditions. For example, the tsarterer/moveer cannot instruct the captain or request that a load be taken from a port or that a load be left at a port. *TTK. ‘Multiple journeys’, which have been definitiond in accordance with m.1158/4 and m.1227/2, are ‘Ink Travel Agreement’. This contract is the typical type of travel wheel. *The Contract of The Mictar (Tonnage/Volume Contract) is also a type of travel wheel. This type of contract; the load to be transported is determined as a medtar, there are no restrictions in terms of load type. The vehicle/wheel has no authority over the commercial management of the vessel. The Rotterdam Rules Convention m.1/2 is defined as ‘the contract of carriage, which is envisaged to carry the load in a certain amount of time with back-to-back flights within an agreed period of time’. *In the voyage contracts, if the ship does not have a requirement to be determined later, or if there is no restituted toilet, the equipper is obliged to prepare the ship which is suitable for the house specified in the contract and specified by name.