Port operators provide port services to cargo owners through port services contracts. The port services contract is an essential agreement that regulates the relationship between the port operator and the service recipient, setting out the terms and conditions under which port services are performed. By ensuring transparency and orderly conduct within the maritime sector, this contract aims to support the efficient management of port operations.
In the carriage of goods by sea, it has often been observed that loss or damage to cargo occurs during the execution of loading, unloading, storage, and related services performed by the port operator before or after the transportation process. For this reason, the subject of this study covers cargo-related port services and other services provided within the port area. Within this framework, the study examines loading and unloading services, storage services, as well as pilotage and towage services carried out by port operators.
Since the port services contract contains the characteristic elements of multiple contract types, it is necessary to clarify how the liability of the port operator should be determined in case of a breach of the contract. Accordingly, this study evaluates the legal nature of port services and the legal liability of port operators. The study further seeks to eliminate uncertainties relating both to the contractual liability arising from breaches of the port services contract and to the non-contractual (tort-based) liability of port operators.
Main Topics:
- Loading and Unloading Services
- Storage Services
- Pilotage and Towage Services
- Contractual Liability of the Port Operator
- Tort Liability of the Port Operator
- Limitation of the Port Operator’s Liability