What companies with container traffic via Antwerp, Rotterdam and Hamburg need to know about demurrage, berthing fees and their defense options.
Demurrage and detention charges often catch importers and freight forwarders off guard and can quickly reach five-figure sums. Demurrage is the storage fee for containers that remain in port too long; detention is the fee for the late return of the container. Rogert & Ulbrich checks whether the shipping company's claims are even enforceable and pursues your objections.
Demurrage and detention – what the terms really mean
In practice, demurrage and detention are often lumped together, even though they relate to two distinct situations. Those who don't understand the distinction may accept claims that, upon closer examination, are either unjustified or only partially justified. This distinction also determines who is liable in the event of a dispute – the shipper, the freight forwarder, or the shipping company.
- Demurrage: Standing charges apply for a full container that remains at the terminal after the agreed release period has expired and is not collected. The charge is based on the blocked storage space in the port.
- Detention: A fee is charged for the late return of the container after it has already left the terminal. In this case, the recipient pays for the extended use of the shipping company's equipment outside the port.
- Free Days: Contractually granted days off during which neither demurrage nor detention charges apply. Only after these days have expired does the clock start ticking – often with staggered, increasing daily rates.
Crucially, both claims are based on the shipping company's terms and conditions of carriage. These terms and conditions are not automatically valid simply because they are printed on the bill of lading. This is precisely where the legal review begins.
Received a demand for demurrage? First, clarify whether it is demurrage or detention – the defense strategy differs fundamentally.
Overview of free days and fares of the major shipping companies
Maersk, MSC, Hapag-Lloyd, CMA CGM, ONE, and Cosco offer varying release periods and charge tiered daily rates afterward. The specific rates depend on the trade area, port, container type, and individual contract, and are regularly adjusted by the shipping companies. The following overview shows the typical structure; the exact days and rates must be verified with the respective shipping company's current tariff before each booking.
| Shipping company | Free days (typical range) | Daily rate scale | Special feature |
| Maersk | approximately 3–7 days | increasing by daily blocks | Demurrage and detention are sometimes separated |
| MSC | approximately 3–7 days | increasing by daily blocks | regional tariff differences |
| Hapag-Lloyd | approximately 4–7 days | increasing by daily blocks | Detention rates vary by port |
| CMA CGM | approximately 3–7 days | increasing by daily blocks | Combined free-time models are possible |
| ONE | approximately 4–7 days | increasing by daily blocks | trade-lane specific |
| Cosco | approximately 3–7 days | increasing by daily blocks | Different rates during peak times |
Editorial note: The stated ranges are for guidance only. Before publication, the current, port- and route-specific tariffs of the individual shipping companies must be verified from their official sources and entered.
Knowing the grace periods and daily rates in advance allows you to plan your pickups and returns to avoid demurrage charges altogether. In practice, however, this often fails due to delays beyond the recipient's control – such as customs inspections, terminal congestion, or strikes. In these cases, it's worth taking a closer look at the cause.
Unsure whether the calculated daily rates correspond to the agreed tariff? Have the invoice checked before you pay.
When demurrage and detention claims are legally contestable
Demurrage charges may seem like a simple calculation at first glance: days exceeding the grace period, multiplied by the daily rate. However, the law actually determines whether the underlying clause is valid. The shipping companies' terms and conditions of carriage are general terms and conditions and are subject – insofar as German law applies – to content control under Sections 305 et seq. of the German Civil Code (BGB).
Even in commercial transactions, not all standard terms and conditions are permissible. A clause that stipulates fixed daily rates without reference to the actual damages can unfairly disadvantage the other party and be invalid under Section 307 of the German Civil Code (BGB). Common points of contention include:
- Flat daily rates: If the rates are significantly higher than the industry-standard damage, the flat fee can be challenged as being unreasonably high.
- Non-transparent pricing structure: If the logic behind the increase in daily rates is not clearly comprehensible, the clause may fail to meet the transparency requirement.
- Lack of inclusion: If the terms and conditions were not effectively made available to the contractual partner, they have not become part of the contract.
- Applicable law and place of jurisdiction: If the terms and conditions refer to foreign law or a foreign court, it is first necessary to clarify which legal system applies.
Which legal system applies to the bill of lading is not a secondary issue, but often the deciding factor in the entire process. German general terms and conditions (GTC) control does not apply in every case – making a preliminary legal review all the more important. Do not sign any payment agreement before the validity of the underlying clause has been clarified.
Received a four- or five-figure demurrage demand? Have the underlying shipping company clause reviewed for validity before paying prematurely.
Typical disputes from Antwerp, Rotterdam and Hamburg
Most demurrage disputes arise not from negligence on the part of the recipient, but from disruptions in the supply chain that no single entity can control. We see three scenarios particularly frequently:
- Customs inspection and seizure: If a container is held for inspection, the demurrage timer often continues to run even though the recipient is not allowed to collect the container. Who bears the burden of the delay is a matter of the contractual allocation of risk.
- Terminal congestion and strikes: Supply bottlenecks in Antwerp, as well as labor disputes and strikes in Hamburg and Bremerhaven, are causing delays for which the recipient is not responsible. Such circumstances, bordering on force majeure, constitute an important defense argument.
- Delayed documents: If the original bill of lading or a Telex release is missing, the container cannot be released – demurrage continues to accrue, even though the delay is due to the document chain.
Especially with container traffic via the major North Range ports, such delays can quickly add up. The key question is always: Was the cause the responsibility of the recipient – or of the shipping company, the terminal, or a third party? Those who document this clearly have a significantly stronger case in a dispute.
Is your container stuck in port and demurrage charges accruing? Document the cause thoroughly and have your objections reviewed promptly.
How to defend yourself against excessive demands – your guide to action
Those who systematically address a demurrage claim can often significantly reduce it or even completely reject it. The key is to proceed quickly and systematically before the statute of limitations expires or a premature payment weakens the position.
- Check the claim, don't pay reflexively: Assign whether demurrage or detention is being billed, and compare days and rates with the agreed tariff.
- Document the cause of the delay: Document inspections, traffic jams, strikes, or document problems with data, emails, and terminal evidence.
- Have the clause and the law reviewed: Have the effectiveness of the shipping company's terms and conditions and the applicable law assessed by a lawyer.
- Keep an eye on deadlines: Claims under transport law are subject to short limitation periods – a failure to meet this deadline can invalidate the entire objection.
- To formally raise objections: Respond to the demand in writing and with a qualified statement, instead of letting it pass without comment.
In many cases, a significant reduction can be achieved out of court because the shipping company cannot fully substantiate its flat fee. If no agreement is reached, legal action is the next step. The sooner you have a strategy in place, the stronger your negotiating position will be.
The longer you wait, the weaker your position becomes. Have your objections reviewed while the claim is still outstanding.
Forwarding charges by the freight forwarder and recourse
Demurrage often doesn't reach the shipper directly from the shipping company, but rather as a charge passed on by the freight forwarder. This raises the question of whether the shipper is obligated to accept the invoice at all. The decisive factor is what was contractually agreed upon and whether the freight forwarder is entitled to the claim.
A blanket charge without proof is unacceptable. The shipper can raise the same objections as against the shipping company and, conversely, seek recourse if the freight forwarder contributed to the delay. Understanding the interface between shipper, freight forwarder, and shipping company prevents paying for someone else's negligence. Learn more in our special article on chargebacks by freight forwarders.
Received a freight forwarder's invoice for demurrage? Check your objections and recourse options before settling.
Rogert & Ulbrich – Your lawyers in transport and forwarding law
Rogert & Ulbrich advises importers, freight forwarders, and logistics companies on all matters relating to demurrage, detention, and container transport. Attorneys Dr. Marco Rogert and Tobias Ulbrich and their multilingual team have extensive experience in transport and freight forwarding law and are familiar with the legal disputes faced by major shipping companies and North Range ports.
We review the validity of the underlying terms and conditions of carriage, clarify the applicable law, and enforce your objections – both out of court with the shipping company and freight forwarder, as well as in court. Through our Dutch Desk, we also cover the interface with Dutch freight law, which is crucial for transport via Rotterdam and Antwerp.
Whether it's a five-figure demurrage claim, a forwarded freight forwarder's invoice, or a container stuck in customs: Get in touch and secure your claims.
