Would Maersk Be Sued for Unjust Enrichment?

Would Maersk Be Sued for Unjust Enrichment in The Future?

A.P. Moller - Maersk is the biggest shipping line in the world that provides container logistics services. Due to the shortage of containers that started at the beginning of 2021, Maersk moved from the traditional way of business which provides contracts to the shippers at specific quotes, to a new system called Maersk Spot. It is the only shipping line that has this system.

Maersk Spot is a new way of booking in the shipping industry. You go to Maersk's website and you choose the routes from to and you request a quote of the price. If the price suits you, you get the booking and then you get the container to ship your cargo.

However, if you decide to cancel the booking, a $50.00 cancellation fee will occur if the cancellation happened a week before the cut-off of the vessel. If you cancel the booking after the beginning of the seven days, a $100.00 cancellation fee will be added to your account.

Where is the legal issue?

Let me explain:

All the ports in the United States have a serious issue with congestion. The congestion has a huge effect on shippers' timelines.

The shipper will make the booking for three to five containers every day or ten containers every week depending on the shipping module.

When you book with Maersk, you have to do that a week or two in advance.

Now the issue starts:

Due to the congestion, shippers will face two problems. The first issue is when shippers pull out the containers from the terminals. The drayage trucking company will take hours to pull the containers and that will lead to a cancellation of the bookings. The second issue is when they in-gate the containers. Again, due to the congestion, the drayage trucking company will spend hours to in-gate the containers to the terminal.

Due to those two issues, shippers have to cancel some of the bookings and they will be automatically charged the cancellation?fees. Then, shippers have to fight the legitimacy of those charges with the Maersk Dispute Team.

You have to prove to the Maersk Dispute Team by evidence why you could not use the booking. I asked five shippers regarding how much they paid for cancellation, they paid individually more than $5,000.00 so far cancellation fees. They do not have the time to dispute the charges and they do not know that they could dispute it.

The unjust enrichment:

The issue is that the cancellation fee is automatic in Maersk's system and you have to take the dispute and provide evidence to waive the cancellation fees.

Even when there is a change of the schedule of the terminal, shortage of containers, or storage of chassis, the cancellation fee will automatically be added to your account and you have to prove to Maersk that it was out of your hand.

Maersk also has the right to cancel the booking if there is no availability or could roll your containers to the next vessel. This shows that the company could avoid any issues they may face if the vessel was overbooked.

Most of the shippers in the United States do not want to lose their relationship with the best and biggest shipping line in the world. Therefore, they take it as a loss.

My prediction:

I think that Maersk will face a class action or an investigation from the Federal Maritime Commission. Also, the Federal Trade Commission may investigate that.

Maersk has to prove that the charges occurred to cover or prevent losses to the company. Maersk has to show with evidence that the charges were not a punishment for cancellation.

In conclusion, Maersk must show the legitimacy of the cancellation fees, otherwise, it will be unjust enrichment besides a big fine for the violation of their due care under 46 U.S.C. § 41102.