Legal assessment of the recommendations, gaps and practical significance for contract drafting in container transport
In September 2025, the German Freight Forwarding and Logistics Association (DSLV) and the Hamburg Freight Forwarders Association published a guideline on demurrage and detention. For the first time, it offers freight forwarders structured guidance – but emphasizes that it does not replace individual consultation. Rogert & Ulbrich summarizes the most important points and shows where the guideline reaches its limits.
What the guide is – and why it is relevant for freight forwarders
The guide, dated September 3, 2025, is aimed at all participants in the multimodal transport chain who organize, handle, or finance container transport. Its objective is to identify typical sources of error, clarify terminology, and provide recommendations for contract drafting. In doing so, it addresses a topic that is a frequent source of disputes in the day-to-day operations of many freight forwarders.
It is noteworthy that the guide explicitly provides only general information and recommends consulting a specialist lawyer for legally binding decisions in individual cases. Our analysis begins precisely at this juncture: We demonstrate what the guide offers and where its statements require closer examination in a specific dispute. Our guide to demurrage and detention in container transport provides a comprehensive overview of the topic.
Are you a freight forwarder facing demurrage charges? Have your specific situation reviewed instead of relying solely on general industry association guidelines.
The key distinction: demurrage, detention and storage fees
The guideline clearly distinguishes between three types of costs that are often conflated in practice. This distinction forms the basis of every legal assessment and every allocation of risk.
- Demurrage: Demurrage for the container that remains in the terminal after unloading for longer than the release time before it is picked up.
- Detention: Usage fee for the container that has left the terminal and is not returned as an empty container in time.
- Storage fees: A fee for the use of parking or storage space, which is typically charged not by the shipping company, but by the handling or storage service provider.
During the release period, neither demurrage nor detention charges apply; afterwards, tiered daily rates per container usually apply. Failing to distinguish between these three terms and their respective contractual partners makes it impossible to effectively defend against or forward claims. Therefore, accurate allocation is not just theoretical, but a matter of real money.
Unsure which type of costs and which contractual partner are involved in your case? Have the claim properly classified before you react.
The crucial question: When can the demand be passed on to the customer?
For freight forwarders, this is the crucial question. In practice, the forwarder often releases the container by first settling the shipping company's claim himself – if only to avoid being blacklisted. The subsequent question is whether he will be reimbursed for these expenses by his client.
The guide distinguishes between two contractual levels: the freight contract between the shipping company and the freight forwarder, which is usually governed by foreign law, and the relationship between the freight forwarder and the principal, for which it assumes German law applies. Potential legal bases for claims against the principal include an individual agreement, the German Freight Forwarders' Standard Terms and Conditions (ADSp 2017), and the German Commercial Code (HGB). Clause 17 of the ADSp 2017 entitles the freight forwarder to reimbursement of necessary expenses for which it is not responsible – expressly including detention and demurrage costs.
This is precisely where the dispute lies. The DSLV (German Freight Forwarding and Logistics Association) maintains that fault is the sole determining factor, not the sphere of risk. Some courts disagree, denying a claim for reimbursement even if the cause of the delayed return falls within the freight forwarder's sphere of risk, such as delays at the terminal. In practice, this means that anyone relying solely on the association's interpretation faces a significant risk in court.
Do you want to pass on a claim to your client? Have it checked whether your contractual basis actually supports this in the event of a dispute.
Statute of limitations and limitation of claims – the underestimated risks
Two points in the guide deserve special attention because they regularly catch freight forwarders off guard. The first concerns the statute of limitations: Claims for reimbursement of expenses by the freight forwarder generally expire one year after delivery. If the goods were not delivered at all, the relevant date is the date on which they should have been delivered.
This leads to a trap: If delays exceed one year, claims may already be time-barred before they have even arisen economically. Anyone who fails to take timely steps to prevent the statute of limitations from expiring will lose their claim entirely. The second point concerns the amount: Detention and demurrage claims quickly reach five- to six-figure sums, and there is no internationally standardized limit. A contractual upper limit is therefore strongly recommended.
Are you facing long periods of outstanding debt? Have the statute of limitations checked and secure your claims in time.
Legal assessment: Strengths, gaps and limitations of the guideline
The guide is valuable as a starting point, but it does not replace individual case review – as the guide itself clearly states. From a legal perspective, the following points are particularly important to consider:
- Strength: The clear distinction between terms and the recommendations for contract design create a good basis for internal process design.
- Gap in foreign law: The shipping company's claim, which the freight forwarder actually pays, is usually subject to foreign law. This very aspect, where the economic risk arises, is only briefly addressed in the guide.
- Legal uncertainty regarding the ADSp clause: The association's interpretation of clause 17 of the ADSp 2017 is not undisputed. In case of dispute, a court may follow the opposite line, thus preventing the pass-through of costs.
- General validity: Naturally, the guide cannot make any statements regarding the specific contractual situation and the available evidence. Whether a clause of the shipping company is valid depends on the individual case.
For freight forwarders, this means: The guide is a good starting point, but no substitute for reviewing their own contracts and the specific claim. Whether a shipping company clause is even enforceable is clarified in our article on when shipping companies' demurrage clauses are invalid.
Do you want to know what the guideline means for your specific contracts? Have your contractual basis reviewed by a lawyer.
What freight forwarders should do now
This guide provides an opportunity to review your own contractual and process landscape. The following steps put the recommendations into practice:
- Cost allocation is regulated in the offer: Specify in the offer who will bear the demurrage and detention, how long the release periods are, and whether further incurrence is permitted.
- Secure reimbursement of expenses: Ensure that an effective clause regarding reimbursement of expenses is agreed upon, and check whether the ADSp (German Freight Forwarders' Standard Terms and Conditions) are effectively incorporated.
- Agree on upper limits: Agree on contractual limits, as there is no uniform international maximum limit.
- Actively manage the statute of limitations: Monitor the one-year period and, in case of long delays, take timely measures to prevent the statute of limitations from expiring.
- Document the causes: Document who caused the delay, as this will determine who will be charged on top of the costs.
Those who implement these points correctly significantly reduce their risk and are in a much stronger position in the event of a dispute. We support you in drafting the clauses and in enforcing or defending against specific claims. The sooner the contracts are in place, the less likely disputes are to arise in the first place.
Would you like to draft your contracts in a legally sound manner based on the guidelines? Get in touch and have your clauses reviewed.
Rogert & Ulbrich – Your lawyers in transport and forwarding law
Rogert & Ulbrich advises freight forwarders, importers, and logistics companies on demurrage, detention, and the drafting of robust contracts. Attorneys Dr. Marco Rogert and Tobias Ulbrich and their multilingual team have extensive practical experience with the German Freight Forwarders' Standard Terms and Conditions (ADSp), shipping tariffs, and relevant case law.
We assess whether you can pass on claims to your client, draft expense reimbursement and limitation clauses, manage the statute of limitations, and enforce your claims – both out of court and in court. Through our Dutch Desk, we also consider Dutch law for transport services via Rotterdam and Antwerp.
Whether it's contract drafting, passed-on claims, or impending statute of limitations: Get in touch and secure your position.
