December 21, 2023
Dear Customer,
A.P. Moller – Maersk group (Maersk) is continuing to monitor developments around the Red Sea / Gulf of Aden and making carefully considered changes to services to ensure the safety of our seafarers, vessels and customers' cargo.
After pausing vessels in the area over the highly escalated security situation, Maersk announced on Tuesday 19 December 2023 that previously paused vessels would be diverted around the Cape of Good Hope for safety reasons and future services would also be the subject of a security evaluation to determine necessary contingencies. This decision was made in the light of the risks, delays and difficulties associated with transiting the Red Sea / Gulf of Aden at this time.
Diverting vessels around the Cape of Good Hope to mitigate the ongoing risks of sailing through the region is a necessary step in the interest of safety, but it has ultimately brought about increased costs for carriers which need to be recovered.
As such, Maersk has introduced the Transit Disruption Surcharge (TDS), Peak Season Surcharge (PSS) and Emergency Contingency Surcharge (ECS) for all cargo on vessels affected by the disruptions around the Red Sea / Gulf of Aden. At this time, safety is our utmost priority and the need to introduce these surcharges has stemmed from our duty to protect our crew, vessels and your cargo.
Please see below for details of the surcharges and links to where rate tables can be found.
Transit Disruption Surcharge (TDS)
Maersk has invoked Clause 20(a) of the Terms for Carriage and Clause 22(a) of the House Bill of Lading (whichever is appropriate to the relevant carriage).
The additional freight and costs of carriage under Clause 20(a) of the Terms for Carriage and Clause 22(a) of the House Bill of Lading are set out in the linked rate tables. These additional charges are effective immediately until further notice and will apply to all diverted shipments. This includes shipments currently 'on the water' that have been or will be diverted. It will be presented as Transit Disruption Surcharge (TDS) on your invoices.
For any current bookings to which the TDS applies, the TDS is due and payable immediately.
Please click here for TDS rate tables for bookings from Far East Asia. Please click here for TDS rate tables across all other bookings.
Peak Season Surcharge (PSS) / Emergency Contingency Surcharge (ECS)
In addition, due to the severe operational disruption being faced, Maersk has announced:
1. A Peak Season Surcharge (PSS) – which will apply to bookings from Far East Asia (see: Peak Season Surcharge rate tables); and
2. An Emergency Contingency Surcharge (ECS) – which will apply to selected other trades, not including bookings from Far East Asia (see: Emergency Contingency Surcharge rate tables).
Our teams will continue to evaluate the impact of the situation frequently. We hope to withdraw the PSS and the ECS as soon as it is operationally feasible to do so. However, please note that these surcharges may also increase depending on the circumstances.
The PSS and ECS will be added to all applicable bookings with an actual loading date on or after 1 January 2024 (unless approvals or notice periods are required by law / regulation, in which case the PSS or ECS, as applicable, will apply as soon as the approvals are granted or the notice periods are satisfied). The PSS and ECS will continue in force until further notice.
By placing any booking for any trade which includes either a PSS or an ECS, you will be agreeing to and irrevocably confirming your acceptance to the application of a PSS or an ECS (whichever is applicable) to that booking and to any future bookings made under the Service Contract. Your agreement and confirmation will be given irrespective of any language to the contrary in the Service Contract.
The extra direct and indirect costs that have been forced on us by this unfortunate situation are regretfully so significant that we cannot continue operations undisrupted without an appropriate contribution from our customers. We therefore ask for your understanding that we reserve all of our rights under the Service Contract to restrict, reject or cancel bookings from customers who do not accept the inclusion of the PSS or ECS, as applicable.
We appreciate your trust, loyalty and understanding during such challenging times. Our teams are here to serve you, so if you have any questions, please don't hesitate to reach out to your local Maersk representative.
Click here for rate tables on the Peak Season Surcharge (PSS).
Click here for rate tables on the Emergency Contingency Surcharge (ECS).
Sincerely,
A. P. Moller – Maersk