# MADDE 1226
Freight Contract Termination and Distance Freight

🔍 What Does This Article Mean?

Article 1226 of the Turkish Commercial Code No. 6102 regulates what happens when a contract of affreightment (a freight contract or voyage charter party) is terminated after the voyage has already begun, for the reasons set out in this section of the Code. In everyday terms, this article decides who must pay what and where the cargo will be unloaded when the journey is cut short.

Under paragraph (1), the carrier is entitled to two things: all claims that have already accrued up to the moment of termination, plus distance freight for the distance actually travelled until the termination right is exercised, calculated according to Article 1210(2). Crucially, this payment is still due even if the goods have been brought back to the original loading port.

Paragraph (2) sets the default discharge rule: unless the parties agree otherwise, the cargo is unloaded at the port where the vessel is located or to which it is closest when the termination right is used. However, in partial voyage charter parties and berth (general cargo) contracts, another shipper's cargo may be waiting on the same vessel. If an early discharge would delay the voyage or force transshipment, the charterer who wishes to terminate may not demand early discharge before the destination port without the consent of the other charterers. Even where early discharge is allowed, that charterer must compensate the discharge expenses and any resulting damage.

Finally, paragraph (3) confirms that the master's duties under Article 1211 (such as protecting and preserving the cargo) continue to apply even after termination.

💡 Application in Commercial Life and Registry Practice

Imagine an exporter charters a vessel to carry containers from Istanbul to Rotterdam. Mid-voyage, the exporter lawfully terminates the contract after a valid statutory reason appears. The vessel has already passed the Dardanelles. Under this article, the exporter cannot assume the voyage is simply "cancelled for free": the carrier keeps the freight earned up to that point and may invoice distance freight for the route already covered. If the vessel must return to Istanbul, the freight remains payable.

If the cargo is sharing the vessel under a berth contract with other exporters, the terminating party cannot force an unscheduled stop at a port that would disrupt the other cargo owners' schedules. In practice, this means negotiating a new discharge point, paying the extra stevedoring costs, or bearing liability for delay caused to the vessel's schedule. Businesses should therefore check whether their bills of lading or voyage charter party clauses already address early termination, discharge locations, and cost allocation. For daily practical guidance on such clauses and compliance steps, the practical tools and commentary available through SicilAI can help commercial teams translate these statutory rules into workable contract wording.

⚠️ Risks to Pay Attention To

• Assuming no freight is due after cancellation: the carrier can claim both accrued receivables and distance freight, even if the goods are returned to the loading port.
• Ignoring other shippers' rights: in partial voyage charters and berth contracts, early discharge without the consent of other charterers may be a breach of contract if it delays the voyage or forces transshipment.
• Poor documentation of the termination moment: because distance freight is measured until the right is exercised, the date, time, and place of the termination notice must be recorded clearly to avoid calculation disputes.
• Forgetting the master's continuing duties: the vessel's master must still take protective measures for the cargo after termination; failing to do so can create additional carrier liability.
• Relying on silence of the contract: if no express clause governs early termination, the statutory default rules of this article apply automatically and may produce commercially unexpected results.