According to the Commercial Code, during transportation, the carrier acquires certain rights over the cargo. Carrier’s obligations are:
• At the starting point - to obtain appropriate means of transportation to move the goods, ensuring them against the risks, to release the transport document to the shipper;
• During the goods’ movement - compliance to shipments’ order, respecting the prescribed transport execution and the time of delivery, preserving the goods throughout the itinerary;
• At destination - recipient’s identification and certification of goods arrival, releasing cargo at the place and at the agreed time, unloading goods from the means of transport, as appropriate.
The so-called trap clauses that can be brought by the cargo-owners in transport contracts may consist of stipulating that the carrier is in charge to compensate the shipper for fortuitous non-performance of the obligation to perform the movement of goods. These contract terms are contrary to legal relations of transport law.
Other unfair terms of contract of carriage which are contrary to regulations and can not be charged to the carrier are of external cause: the victim’s act itself, the act of a third party for which the author of the damage is not known, and force majeure.
