On July 5th, 2025, I visited your Yüksekova branch to ship a television. I handed over the item in its original box with protective foam packaging. I clearly informed the staff that it was an electronic device. However, I was misinformed and not properly guided — I was told that insurance could not be provided and that I had to sign a liability waiver form in case of damage. Although the item was entered into your system and labeled as “fragile,” it appears that your staff did not handle the package with the necessary care. As a logistics company, I find it unacceptable that such treatment is tolerated. Moreover, upon delivery, the courier obtained the delivery code before the package was handed to the recipient, using the excuse of being in a hurry. The recipient was not given the opportunity to inspect the package at the time of delivery. Once the package was checked, it was found to be damaged — the box had visible dents and tears, and the television inside was completely shattered. I am requesting full compensation for the damages caused to the product. I expect Aras Kargo to take responsibility and either refund the cost of the item or reimburse me accordingly. Please respond to this complaint in writing as soon as possible. Otherwise, I will escalate this issue to the Consumer Arbitration Board and the relevant authorities.
Within the scope of the Law on the Protection of Consumers No. 6502 (TKHK): • Article 4/3: "Contract provisions containing unfair terms against the consumer are invalid." Cargo transportation is a carriage contract. In the Turkish Code of Obligations (TBK) Article 870 and subsequent articles: • The carrier (i.e., the cargo company) is obliged to complete the transportation with care and without damage. Those imposed on the consumer and made to be signed are legally invalid (Consumer Law Article 4/3 and TBK Article 115).
1. Eskişehir … Case (Television Damage – Consumer/Arbitration Committee Decision) • The court determined that the delivered television was received damaged and that the carrier did not exercise the necessary care, even though it was in its original box. • Although the carrier cited the mandatory signed form as justification, the court ruled that this cannot be considered valid. • Result: It was decided that the cargo company is responsible, the Arbitration Committee's decision is annulled, and the product price is to be refunded in favor of the consumer. 19th Commercial Court of First Instance Decision (Cargo Loss – Application of Turkish Commercial Code) • In case of loss or damage to goods during cargo transportation, the carrier's liability is evaluated based on Article 875 and subsequent articles of the Turkish Commercial Code. • The carrier has strict liability for any loss or damage occurring during transportation. • Even if a liability waiver form is signed in these cases, the actual damage is compensated, regardless of the form. • In the concrete case, the carrier was obliged to pay compensation for the lost product.
Is your aim to victimize your customers who use your services, prolong the process, and implement a policy of discouragement? Or are the so-called managers you employ simply incompetent people who comply with the system you impose on companies? I am informing you of the laws of the Republic of Turkey and the relevant decisions. The person dealing with me is completely unaware of these legal articles and precedent decisions, and just says, 'Then go to the Consumer Arbitration Committee.' Is the state, like your incompetent companies, an institution you can toy with by prolonging the process?
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