Terms for Spot Booking on myBeta

Rates
 
1. Upon submitting a booking on Spot Booking on mybeta (“Spot Booking”) the rates provided are not subject to change, other than as set out below.
 
2. Additionally, the rates provided herein are conditional upon booking and uploading shipping instructions to Maersk Line in accordance with the booking confirmation. If the shipping instructions are submitted otherwise, we reserve the right to charge you additional or different charges to those provided in the rate information.

3. The rates have been calculated on the basis of the current rates, charges, surcharges and applicable exchange rates for the requested services pursuant to the Maersk Line A/S ("Maersk Line" or the ‘Carrier’) Tariff. Upon  Merchant making the booking with the Carrier, the Price Calculation Date ("PCD") will be fixed to this date. Where (i) a rate is reflected in a currency other than USD, and/or (ii) where a fee, charge or other amount is reflected in a currency other than the currency it is charged (i.e. local currency), the invoiced amount may deviate due to currency fluctuations.

 
 
Merchant commitment
 
4. The Merchant shall deliver the Goods as per the booking confirmation
 
 
Cancellation Fee

5. If the Merchant wishes to cancel shipment for part of or all the Goods (except combining bookings without impacting on TEU volume as originally booked) under the booking confirmation after this has been issued, then a cancellation notice must be provided by Merchant no less than seven (7) days before the scheduled estimated time of departure (“ETD”). The Merchant shall pay the Carrier a fee per container cancelled (“Cancellation Fee”), as set out at Schedule 1.

 
No-show Fee
 

6. If the Merchant fails to notify the Carrier of cancellation of part or all Goods in accordance with clause 5 above or fails to deliver part or all Goods for shipment, then the Merchant shall instead pay a no-show fee (“No-show Fee”) as set out at Schedule 1.

7. 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 5 and 6, whichever is applicable, shall not be payable provided the Merchant provides evidence thereof to the satisfaction of the Carrier.

 
Amendment Fee

8. If a booking amendment is requested by Merchant then this will be subject to (i) repricing using the latest rates available on the platform at the time of processing the request, (ii) and an amendment fee (“Amendment Fee”) as per Schedule 1.

 
 
Carrier commitment
 

9. The Carrier will use reasonable endeavours to ensure space and ship the Goods as confirmed in the booking confirmation.

10. Should the Goods not be shipped, either onboard the original ocean going vessel on the booking confirmation or onboard an alternative vessel (at Carrier’s discretion) within three (3) days before or after the ETD as confirmed in the booking confirmation, then the Carrier shall pay a compensation fee “Compensation Fee” per container not so shipped, as per Schedule 1. Merchant shall lodge a claim for the Compensation Fee with the Carrier, if the conditions for payment are met.

11. Notwithstanding the foregoing, if the failure by the Carrier to ship the Goods as aforementioned in clauses 9 and 10 is due to either

(i) Force Majeure; or

(ii)Port Omission

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

 

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

 

12. Further, the Compensation Fee is not payable by the Carrier for any default 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

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

 
 
Exclusions
 
Force Majeure
 
13. 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 minimize the consequences of such event on the performance of the material obligations under the booking.

 
Miscellaneous
 

14. The Parties agree that provisions of the foregoing clauses are reasonable and proportionate to the legitimate interests in ensuring mutual performance and commitments, to plan for adequate container allocation and space availability on the vessels.

15. All changes requested by the Merchant after booking confirmation has been issued are subject to (i) available space, (ii) approval of Maersk Line and (iii) payment of all applicable charges.

16. Upon accepting this booking, you confirm that you have read and agree to the Maersk Line Terms for Carriage, as found at: https://terms.maerskline.com/carriage.  These Terms shall co-exist with the Maersk Line 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 and the definitions contained in the Maersk Line Terms for Carriage are adopted and incorporated herein and shall have the same meaning, unless otherwise specified.  

17. Merchant warrant the shipment does not include personal effects, refrigerated goods, or hazardous goods, and that all information provided is complete and accurate.

 

These terms may be subject to change at any time without prior notice.

 
 

Schedule 1: Fee Types & Amounts

 

 

Area

#

Booking Fee type

Amount

FFE

TEU

Far East Asia to Europe, West, East & South Africa, Indian Ocean Islands, Horn of Africa, Oceania, East Coast South America, Central America/Caribbean & West Coast South America

1

Compensation Fee

USD100

USD50

2

Cancellation Fee

USD100

USD50

3

No-show Fee

USD200

USD100

4

Amendment Fee

USD100

USD50

 

Far East Asia to Indian Subcontinent and West Central Asia destinations

5

Compensation Fee

USD40

USD25

6

Cancellation Fee

USD40

USD25

7

No-show Fee

USD80

USD50

8

Amendment Fee

USD40

USD25

 

 

 

 

 

East Coast South America Export

9

Compensation Fee

BRL380/USD100

BRL190/USD50

10

Cancellation Fee

BRL380/USD100

BRL190/USD50

11

No-show Fee

BRL760/USD200

BRL380/USD100

12

Amendment Fee

BRL380/USD100

BRL190/USD50

 

Intra Gulf, Middle East Asia and South East Asia Export to Far East destinations

13

Compensation Fee

USD30

USD15

14

Cancellation Fee

USD30

USD15

15

No-show Fee

USD50

USD25

16

Amendment Fee

USD30

USD15

 

 

 

 

 

Oceania Exports

17

Compensation Fee

USD100

USD50

18

Cancellation Fee

USD100

USD50

19

No-show Fee

USD200

USD100

20

Amendment Fee

USD100

USD50

 

 

 

 

 

Europe Exports to North America destinations (except United States)

21

Compensation Fee

USD100

USD50

22

Cancellation Fee

USD100

USD50

23

No-show Fee

USD200

USD100

24

Amendment Fee

USD100

USD50

 

 

 

 

 

North America Exports (except United States) to Europe

25

Compensation Fee

USD100

USD50

26

Cancellation Fee

USD100

USD50

27

No-show Fee

USD200

USD100

28

Amendment Fee

USD100

USD50

 

 

 

 

 

South Africa Exports to Europe and Middle East Asia

29

Compensation Fee

USD100

USD50

30

Cancellation Fee

USD100

USD50

31

No-show Fee

USD200

USD100

32

Amendment Fee

USD100

USD50

 

 

 

 

 

South Africa Exports to Far East Asia

33

Compensation Fee

USD75

USD35

34

Cancellation Fee

USD75

USD35

35

No-show Fee

USD150

USD75

36

Amendment Fee

USD75

USD35

 

 

 

 

 

West Africa Exports to Far East Asia and Intra West Africa, East Coast South America, Middle East Asia

37

Compensation Fee

USD100

USD50

38

Cancellation Fee

USD100

USD50

39

No-show Fee

USD200

USD100

40

Amendment Fee

USD100

USD50

 

 

 

 

 

Middle East Asia Exports to Europe, West Africa, East Africa, East Coast South America & South Africa

41

Compensation Fee

USD100

USD50

42

Cancellation Fee

USD100

USD50

43

No-show Fee

USD200

USD100

44

Amendment Fee

USD100

USD50

 

 

 

 

 

West Coast South America and Central America /Caribbean Exports to Europe and Middle East

45

Compensation Fee

USD100

USD50

46

Cancellation Fee

USD100

USD50

47

No-show Fee

USD200

USD100

48

Amendment Fee

USD100

USD50

 

 

 

 

 

West Coast South America & Central America/Caribbean Exports to Far East Asia

49

Compensation Fee

USD75

USD35

50

Cancellation Fee

USD75

USD35

51

No-show Fee

USD150

USD75

52

Amendment Fee

USD75

USD35

 

 

 

 

 

Europe Exports excluding Russia Exports to Far East Asia

53

Compensation Fee

USD75

USD35

54

Cancellation Fee

USD75

USD35

55

No-show Fee

USD150

USD75

56

Amendment Fee

USD75

USD35

 

 

 

 

 

Russia Exports

57

Compensation Fee

USD150

USD75

58

Cancellation Fee

USD150

USD75

59

No-show Fee

USD300

USD150

60

Amendment Fee

USD150

USD75

 

 

 

 

 

West Africa Exports to Europe

61

Compensation Fee

USD100

USD50

62

Cancellation Fee

USD100

USD50

63

No-show Fee

USD200

USD100

64

Amendment Fee

USD100

USD50

 

 

 

 

 

East Africa, Horn of Africa to Far East Asia, Middle East Asia

65

Compensation Fee

USD75

USD35

66

Cancellation Fee

USD75

USD35

67

No-show Fee

USD150

USD75

68

Amendment Fee

USD75

USD35

 

 

 

 

 

East Africa & Indian Ocean Islands to Europe

69

Compensation Fee

USD100

USD50

70

Cancellation Fee

USD100

USD50

71

No-show Fee

USD200

USD100

72

Amendment Fee

USD100

USD50

 

 

 

 

 

Europe to IOI, Far East Asia, East Coast South America, West Coast South America, Oceania, South Africa, West Africa, East Africa and Middle East Asia

73

Compensation Fee

USD100

USD50

74

Cancellation Fee

USD100

USD50

75

No-show Fee

USD200

USD100

76

Amendment Fee

USD100

USD50

 

 

 

 

 

Far East Asia to Oceania

77

Compensation Fee

USD50

USD25

78

Cancellation Fee

USD50

USD25

79

No-show Fee

USD100

USD50

80

Amendment Fee

USD50

USD25

 

Schedule 2: Booking Amendment Details

No.

Booking Amendment

Description

Fee Details

1

Cancellation

(part or all)

Merchant cancels part or all containers after booking confirmation has been issued, and cancellation notice is provided seven (7) days or more prior to Estimated Date of Departure.

Schedule 1 Cancellation fee applies.

2

No Show

(part or all)

Merchant fails to provide cancellation notice for part or all containers less than seven (7) days prior to Estimated Date of Departure, or fails to deliver part or all containers.

Schedule 1 No show fee applies

3

Change of Destination (COD) Pre-gate in

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

Subject to repricing.

Schedule 1 Amendment fee applies.

4

Change of Destination (COD) Post-gate in

Merchant’s request to amend the destination/delivery after a container is gated in at the port of origin or a container has been loaded to the vessel

Subject to repricing.

COD Fee applies.

5

Change of Origin (COO)

Origin must be available in Spot Booking platform.

Subject to repricing.   Schedule 1 Amendment fee applies.

6

Change of Vessel (COV)

Merchant requests change to later sailing date resulting in a change of vessel.

Subject to repricing.  Schedule 1 Amendment fee applies.

7

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

Schedule 1 Cancellation fee applies if the change is provided seven (7) days or more prior to Estimated Date of Departure.

Schedule 1 No Show fee applies if the change is provided less than seven (7) days prior to Estimated Date of Departure.

8 Equipment amendment resulting in booking total TEU unchanged, or increasing Merchant requests change to 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.