Terms for Spot Booking

 

Rates

1. After submitting a booking and receiving a booking confirmation for a spot booking via our online instant booking system on Maersk.com or any third-party platforms approved by the Carrier (“Maersk Spot”) the rates provided in the booking confirmation shall not be subject to change, other than as set out below.

2. Additionally, the rates provided in the booking confirmation are conditional upon on the Merchant uploading shipping instructions to Maersk Spot in accordance with the instructions set out in the booking confirmation. If the shipping instructions are submitted in any other manner, Maersk reserves the right to charge the Merchant additional or different charges to those provided in the booking confirmation.

3. The rates provided in the booking confirmation are calculated based on the rates, charges, surcharges and exchange rates applicable to the requested services pursuant to the Carrier’s applicable Tariff at the time of booking. Please note that some countries may follow different payment terms for certain charges and the Merchant should refer to the local country website https://www.maersk.com/local-information/ for detailed information on exceptional payment terms which may apply. The rates will be calculated on the date the Merchant receives the booking confirmation. Where in the booking confirmation: (i) a rate is reflected in a currency other than USD, and/or (ii) a fee, charge or other amount is reflected in a currency other than the currency it is charged in (i.e. local currency), the Merchant accepts that the amount invoiced may vary due to currency fluctuations.

4. The Carrier does not provide an equipment supply guarantee for:

  1. Special grade containers, including but not limited to: Food/Dairy grade, Flexitank grade, and Scrap grade containers;
  2. Equipment picked up at a different location from the default ‘Empty Container Depot’ stated on the Booking Confirmation; and / or,
  3. Equipment picked up on a date earlier than the equipment ‘Release Date’ stated on the Booking Confirmation.

5. Some equipment grades shall also be subject to additional charges, details of which can be found on https://www.maersk.com/local-information under country specific local information or by contacting the relevant local Maersk office. Additional charges may apply if the location for equipment pick up / drop off requested by the Merchant is different from the origin/destination locations stated on the booking confirmation.

6. Please note that rates offered through Maersk Spot may differ compared to rates for the same type of trade offered through other channels, such as an offline tariff rate which is likely to involve a salesperson analysing the Merchant's request and the availability of space, before tailoring the rate accordingly.

7. Applicable detention, demurrage, free time and per diem rates shall apply at the time of booking and depend on the import and export locations. The applicable detention, demurrage, free time and per diem rates for spot bookings shall be available here and shall replace and supersede any separately agreed detention, demurrage, free time and per diem rates.

 

Merchant commitments

Cancellation Fee

8. If the Merchant wishes to cancel shipment of part of or all the Goods (except by combining bookings without impacting on the TEU volume originally booked) after the booking confirmation has been issued, then a cancellation notice must be provided by the Merchant to the Carrier no less than seven (7) days before the scheduled estimated time of departure (“ETD”) and the Merchant shall pay the Carrier a fee per container cancelled (“Cancellation Fee”).

No-show Fee

9. If the Merchant fails to notify the Carrier of cancellation of part or all Goods in accordance with clause 8 above or fails to deliver part or all of the Goods for shipment, then the Merchant shall instead pay a no-show fee (“No-show Fee”).

Amendment Fees

10. If a booking amendment is requested by Merchant then this will be subject to (i) repricing using the latest rates available on Maersk Spot at the time of processing the request, (ii) and an Amendment Fee. Amendments after ETD are not permitted and, if the Merchant fails to deliver part or all Goods for shipment, the No-show Fee will apply.

11. Notwithstanding the foregoing, if the failure by the Merchant to deliver the Goods is due to

(i)Force Majeure; or

(ii) late gate-in and/or late release of the Goods arising from customs inspections delay,

then the fees set out in clauses 8, 9, and 10 (whichever is applicable), shall not be payable provided the Merchant provides evidence thereof to the satisfaction of the Carrier.

 

Carrier commitment

12. Compensation fee – If  for any reason within the Carrier’s control, the Goods are not loaded either onboard the original first leg ocean going vessel listed on the booking confirmation or onboard an alternative vessel no later than three (3) days after the scheduled ETD as confirmed in the booking confirmation, then the Carrier shall pay the Merchant a compensation fee (the “Compensation Fee”) per container not so loaded if: (i) the conditions for payment are met in full; (ii) the claim for the Compensation Fee is lodged by the Merchant within 90 calendar days of the conditions for payment being met in full.

The Compensation Fee only applies to in-gauge, dry, non-hazardous cargo, and does not apply to any other cargo types including but not limited to Reefer, Special Cargo, non-dry or hazardous cargo.

13. Notwithstanding the foregoing, if the Carrier fails to ship the Goods in accordance with its commitments under clause 12 due to either

(i) Force Majeure; or

(ii)Port Omission

then the Compensation Fee shall not be payable, provided the Carrier provides reasonable evidence thereof. 

For the purpose of these terms ‘Port Omission’ shall mean the omission of a scheduled call at the relevant port due to operational reasons beyond the reasonable control or anticipation of the Carrier.

14. Further, the Compensation Fee shall not be payable by the Carrier if it becomes payable due to any default or breach of these terms or the Maersk Terms of Carriage on part of the Merchant, including but not limited to: 

(i) late or non-provision of documents or incorrect declarations;

(ii) late gate-in of the Goods; and / or,

(iii) Goods carried in containers not in compliance with weight restrictions or limitations.

 

Rollable

15. Upon choosing the Rollable option on Maersk Spot, should the Goods not be loaded, either onboard the original vessel/voyage or onboard an alternative vessel (chosen at Carrier’s discretion) within three (3) days after the scheduled ETD as confirmed in the booking confirmation, then the Carrier shall pay the compensation fee “Compensation Fee” as set out in clause 17 per container not so loaded, without the Merchant having to comply with the requirement set out in clause 14 (ii).

16. Notwithstanding the foregoing, if the failure by the Carrier to ship the Goods as aforementioned in clause 15 is due to either (i) Force Majeure; or (ii) Port Omission, then the Compensation Fee shall not be payable, provided that the Carrier provides reasonable evidence thereof.

 

Fees and Charges

17. The current fees and charges are available here.

 

Exclusions

Force Majeure

18. Notwithstanding the foregoing, where the performance of a Party in whole or in part is prevented by an event of Force Majeure, meaning any circumstances beyond the reasonable control of a Party which, by the exercise of due diligence, such Party is unable to provide against, such as but not limited to war (whether declared or not), warlike or belligerent acts or operations, hostilities or the imminence thereof, act of public enemies, terrorism or terrorist acts, restraint of princes, rulers or people, compliance with any compulsorily applicable law or governmental directive, boycott against flag, political ban, epidemic, port congestion which is reasonably anticipated to incur delay of 48 hours or more, act of God, strikes, lockouts, labor disputes, stoppages or unrest (whether or not involving the employees of the affected Party), accidents, invasion, rebellion or sabotage, or any other events whatsoever beyond the reasonable control of the affected Party, the performance of this Agreement by the affected Party, to the extent of the Force Majeure event and no more, shall be suspended without penalty or liability on the part of the affected Party (in whole or in part as appropriate) until such time as the performance thereof is again practicable, without prejudice to any rights, liabilities and obligations accrued up to the date of suspension.

Upon the occurrence of an event of Force Majeure the Party seeking to rely upon it shall as soon as reasonably practicable after the occurrence of the event, but in any event within 24 hours, give notice to the other Party specifying the nature of the Force Majeure event and its effect upon the obligations under the relevant booking.

Any Party claiming an event of Force Majeure shall take all reasonable steps to minimise the consequences of such event on the performance of their material obligations under the booking.

 

Miscellaneous

19. All changes requested by the Merchant after booking confirmation has been issued are subject to and conditional upon: (i) available space, (ii) approval by the Carrier and (iii) payment of all applicable Freight.

20. Upon placing a booking on Maersk Spot, the Merchant confirms that they have read and agree to these terms and the Maersk Terms for Carriage, as found at: https://terms.maersk.com/carriage.  These Maersk Spot terms shall co-exist with the Maersk Terms for Carriage, and logically amend, vary and supplement the relevant parts of the terms of Carriage, which shall in all other respects remain in full force and effect. The definitions contained in the Maersk Terms for Carriage are adopted and incorporated herein and shall have the same meaning, unless otherwise specified.  

21. The Merchant warrants that the shipment does not include personal effects, refrigerated goods, or hazardous goods, and that all information provided to the Carrier is complete and accurate.

These terms may be subject to change by the Carrier at any time without prior notice to the Merchant.

 

Schedule 1: Booking Cancellation and Amendment Details

No.

Booking Amendment

Description

Fee details

1

Cancellation

(part or all)

If the Merchant wishes to cancel shipment of part of or all the Goods (except by combining bookings without impacting on the TEU volume originally booked) after the booking confirmation has been issued, then a cancellation notice must be provided by the Merchant to the Carrier no less than seven (7) days before the scheduled estimated time of departure (“ETD”) and the Merchant shall pay the Carrier a fee per container cancelled.

Cancellation Fee applies.

2

No Show

(part or all)

If the Merchant fails to notify the Carrier of cancellation of part or all Goods in accordance with clause 9 or fails to deliver part or all of the Goods for shipment, then the Merchant shall instead pay a no-show fee (“No-show Fee”).

 

No show Fee applies.

3

Change of Destination (COD) Pre-gate in

*Except for Chinese exports

Merchant requests to amend the destination/delivery before a container is gated in at the port of origin

Subject to repricing.

Amendment Fee applies.

4

Change of Destination (COD) Post-gate in

*Except for Chinese exports

Merchant requests to amend the destination/delivery after a container is gated in at the port of origin

Subject to repricing.

COD Fee applies.

5

Change of Destination (COD) Pre-Loading

*Only for Chinese exports

Merchant requests to amend the destination/delivery before a container has been loaded onboard the vessel.

 

Subject to repricing.

Amendment Fee applies.

 

6

Change of Destination (COD) Post-Loading

*Only for Chinese exports

Merchant requests to amend the destination/delivery after a container has been loaded onboard the vessel.

 

Subject to repricing.

COD Fee applies.

7

Change of Origin (COO)

Merchant requests change of origin to an origin  available in Spot Booking platform.

Subject to repricing. 

Amendment Fee applies

 

8

Change of Vessel (COV)

Merchant requests to change shipment to a different vessel/voyage than the one on the original booking confirmation.

Subject to repricing. 

Amendment Fee applies.

 

9

Equipment amendment resulting in booking total TEU decreasing

 

Merchant requests change to equipment size/type which as a result decreases the booking total TEU

Subject to repricing of the amended equipment,

and

Cancellation Fee applies if the change is provided seven (7) days or more prior to Estimated Time of Departure.

No Show Fee applies if the change is provided less than seven (7) days prior to Estimated Date of Departure.

10

Equipment addition or amendment resulting in booking total TEU unchanged, or increasing

Merchant requests to add same size/type equipment, or to change equipment size/type which as a result doesn’t change, or increases the booking total TEU

Subject to repricing of the amended and/or added equipment.