FAIRFERRY – TERMS & CONDITIONS

1. Provider Identification and Market Focus

These Terms and Conditions govern the contractual relationship between FairFerry OÜ (“FairFerry”) and the user of its services (“User” or “you”). The following provider details are given in accordance with the information duties of Article 10 of Law 34/2002 (LSSI-CE):

• Company name: FairFerry OÜ (private limited company / Osaühing), incorporated 29 September 2025.
• Registered office: Sepapaja tn 6, 15551 Tallinn, Estonia.
• Registration code: 17337821 (Estonian Commercial Register, Tartu County Court).
• Management board: Jan-Hendrik Marquardt (sole member).
• Administrative representative: Xolo OÜ (registry code 12844111), providing registered office and administrative services.
• VAT: registration under the EU One-Stop-Shop scheme (Estonia) — application pending.
• Spanish Tax Identification Number (N.I.F.): application pending.

Contact: legal@fairferry.eu | www.fairferry.eu

These Terms apply to users who submit claims through the FairFerry website or by any other means, provided the user is a consumer within the meaning of Royal Legislative Decree 1/2007 on Consumer Protection (TRLGDCU). A consumer is any natural person acting for purposes outside their commercial, business, trade or professional activity, as well as legal persons and entities without legal personality acting on a non-profit basis in a sphere unrelated to commercial or business activity.

FairFerry supports consumers in enforcing claims arising under Regulation (EU) No 1177/2010 concerning the rights of passengers when travelling by sea and inland waterway. FairFerry’s services are currently limited to ferry routes departing from or arriving in Spain, including mainland Spain, the Balearic Islands and the Canary Islands. Claims relating to ferry routes outside this geographic scope are not covered unless expressly agreed in writing.

All contractual communications and documentation are provided in English and, where applicable and upon request, in Spanish. Until a Spanish version of these Terms reviewed by FairFerry’s legal counsel exists, the English version is the binding text. Once such a Spanish version exists, the Spanish version shall prevail in the event of any discrepancy.

2. Request, Review, and Contract Formation

To submit a claim, the User completes the claim form on the FairFerry website and provides all requested information and documents. FairFerry reviews the submitted information to assess the eligibility of the claim under Regulation (EU) No 1177/2010. Eligibility assessment includes human review; FairFerry does not rely on automated decision-making alone to reject a claim.

FairFerry may decline a claim if, on review, it does not appear eligible or viable, and will notify the User accordingly. FairFerry may request additional information or documents where necessary.

The contractual relationship between FairFerry and the User comes into force upon the User’s execution of the Assignment Agreement (Contrato de Cesión). Prior to execution, no contractual obligations arise on either party.

3. Our Service

FairFerry is a consumer-rights platform and is not a law firm, and is not registered as such in any jurisdiction. FairFerry does not provide individual legal advice. Any information provided via the website or during claim handling is of a general nature and does not constitute legal advice. For matters requiring legal advice, users should consult a qualified lawyer registered in the relevant jurisdiction.

Court proceedings are conducted exclusively by independent, duly licensed legal professionals.

FairFerry does not guarantee a successful outcome in any individual case. The merits of each claim depend on the specific circumstances of the journey, the ferry operator’s response and the applicable legal framework. A negative outcome does not in itself constitute a breach of FairFerry’s obligations under these Terms.

4. The Assignment Agreement (Contrato de Cesión)

The legal basis for the relationship between FairFerry and the User is the Assignment Agreement (Contrato de Cesión). By executing the Assignment Agreement, the User (as Assignor) transfers the compensation claim in its entirety to FairFerry (as Assignee). FairFerry thereby acquires full ownership (“plena propiedad”) of the claim for the purposes of extrajudicial and judicial enforcement.

The transfer covers all rights to compensation, reimbursements, damages and interest connected with the claim. The Assignment Agreement authorizes FairFerry to communicate with ferry operators and to instruct external legal professionals where necessary. The detailed scope and limitations of the assignment are set out in the separate Assignment Agreement document, which forms an integral part of this Agreement.

FairFerry has moved from the previous representative model to the assignment model so that it holds legal standing as the owner of the claim, allowing it to pursue operators directly in Spanish courts and reduce the procedural hurdles associated with representative mandates.

5. Fees

FairFerry operates on a success-based fee model: “No win, no fee.” No fees are charged for unsuccessful claims, and the fee is payable only if compensation is received.

Success fee: 30% of the Compensation Amount, including VAT where applicable.

The Compensation Amount comprises statutory monetary compensation granted under Regulation (EU) No 1177/2010 and the objectively determinable monetary value of any vouchers, travel credits or other non-cash benefits, unless the User expressly rejects such non-cash benefits in advance. Interest payments, reimbursement of legal, court, administrative or other procedural costs, and other ancillary amounts are not part of the Compensation Amount and do not form part of the success fee, unless expressly agreed otherwise.

Non-Cash Compensation

Where compensation is granted in non-cash benefits (such as vouchers or travel credits), the objectively determinable monetary value of those benefits is deemed the Compensation Amount for calculating the success fee, unless the User expressly rejects such non-cash compensation in advance. The User has the right to reject non-cash compensation and request monetary compensation instead. FairFerry will inform the User of any non-cash compensation offer and obtain the User’s consent before acceptance.

6. Costs and Process Risk

If a claim is unsuccessful, FairFerry bears all legal and court costs incurred in connection with enforcing the claim, including court fees, lawyer’s fees, expert fees and any other procedural costs. Under no circumstances will the User be required to bear any legal, court or procedural costs in the event of an unsuccessful outcome.

7. Settlements

FairFerry will always pursue the full statutory compensation to which the claim is entitled under Regulation (EU) No 1177/2010. FairFerry will not accept any partial settlement or reduced compensation offer without the User’s prior express written consent.

If the ferry operator makes a settlement offer, FairFerry will notify the User promptly and obtain the User’s consent before accepting or rejecting it. The User retains the right to accept or reject any settlement offer.

If the User receives any payment directly from the ferry operator in relation to the claim — whether by way of settlement, compensation or otherwise — the User must notify FairFerry immediately. FairFerry’s success fee applies to any compensation received, regardless of whether payment is made directly to the User or via FairFerry.

8. Exclusivity and Double Enforcement

By submitting a claim through FairFerry and executing the Assignment Agreement, the User confirms that they have not previously submitted the same claim to any other claim service, legal representative or enforcement body, and that they will not do so for the duration of FairFerry’s handling of the claim. Because the claim is assigned to FairFerry, the User is no longer entitled to pursue or dispose of the assigned claim independently.

“Active claim handling” means the point at which FairFerry takes substantive action to enforce the claim, such as issuing a formal demand to the ferry operator or setting a payment deadline. Once active claim handling has commenced, any compensation subsequently obtained is presumed to result from FairFerry’s material contribution, and the success fee is due even where the operator pays the User directly. If FairFerry has not yet acted beyond automated intake, or if the User withdraws within the withdrawal period under Section 10, no success fee is due.

The User must notify FairFerry immediately upon receiving any direct approach, offer or payment from the ferry operator in connection with the claim.

9. Retroactive Claims and Limitation Period

FairFerry accepts claims within the applicable limitation period under national law. Under Spanish law, the general limitation period for personal (contractual) actions is five (5) years (Article 1964 of the Spanish Civil Code, as amended in 2015). Claims already time-barred under the applicable national law at the time of submission cannot be processed. FairFerry does not assume responsibility for claims becoming time-barred due to late or incomplete information provided by the User.

10. Termination and Withdrawal

Right of Withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the date of conclusion of the contract.

To exercise your right of withdrawal, you must inform us (FairFerry OÜ, Sepapaja tn 6, 15551 Tallinn, Estonia; email: legal@fairferry.eu) by means of a clear statement (e.g. by email) of your decision to withdraw. To meet the deadline, it is sufficient to send your communication before the withdrawal period expires.

Effects of Withdrawal

If you withdraw from this contract, we shall reimburse any payments received from you without undue delay and no later than 14 days from the day on which we receive your notice of withdrawal, using the same means of payment as the initial transaction unless expressly agreed otherwise. As FairFerry operates on a no-win-no-fee basis, no payment is taken from the User in advance, so in practice no reimbursement arises unless a fee has already been collected on a realised claim.

Early Expiry of the Right of Withdrawal

The right of withdrawal expires prematurely if you have expressly requested that FairFerry begin providing the service before the withdrawal period ends, and you have acknowledged that, once FairFerry has fully executed the service (e.g. the claim is settled or a final court decision is reached), you lose your right of withdrawal. Where you expressly request commencement of services during the withdrawal period and then withdraw, FairFerry may claim reasonable compensation for services already provided, in accordance with applicable consumer protection law and only to the extent a claim was realised during that period.

Model Withdrawal Form

To: FairFerry OÜ, Sepapaja tn 6, 15551 Tallinn, Estonia — legal@fairferry.eu

I hereby give notice that I withdraw from my contract for the provision of the following service:

Service ordered: _______________

Date of contract conclusion: _______________

Name of consumer: _______________

Email address used for the claim: _______________

Date: _______________

(Signature only if submitted on paper)

11. Liability

FairFerry shall be liable without limitation for damages resulting from willful misconduct or gross negligence on the part of FairFerry, its legal representatives, employees, or agents, as well as for damages arising from death, injury to life, body, or health.

FairFerry shall be liable for damages resulting from breach of contractual obligations to the extent provided by Spanish law.

FairFerry shall not be liable for damages directly and exclusively caused by inaccurate, incomplete, or delayed information provided by the user, provided that FairFerry has fulfilled its duty to verify the information to the extent reasonably required for proper service provision.

The above limitations of liability shall not apply where mandatory statutory liability applies, in particular under product liability laws or mandatory consumer protection provisions.

Nothing in this clause shall limit or exclude liability to the extent such limitation or exclusion is prohibited under applicable law.

12. Data Protection

Personal data is processed in accordance with FairFerry’s Privacy Policy, which sets out the categories of data collected, the purposes and legal bases of processing, retention periods and data-subject rights. The lead supervisory authority is the Andmekaitse Inspektsioon (AKI) in Estonia; Spanish residents may also contact the Agencia Española de Protección de Datos (AEPD). General claim data is retained for five (5) years following the conclusion of the matter; physical identity documents are collected only where legal escalation requires it. Full details are set out in the Privacy Policy.

13. Alternative Dispute Resolution and Enforcement Options

Users may pursue their claims independently or through alternative mechanisms — including national enforcement bodies, consumer protection authorities, or alternative dispute resolution schemes — without using FairFerry’s services. Relevant bodies include the Autoridad Marítima and the Juntas Arbitrales de Consumo.

14. Applicable Law, Jurisdiction and Dispute Resolution

These Terms and the Assignment Agreement are governed by Spanish law, specifically the Spanish Civil Code, Royal Legislative Decree 1/2007 on Consumer Protection (TRLGDCU), and other applicable Spanish legislation.

If you are a consumer habitually resident in another EU Member State, you retain the protection afforded by the mandatory consumer protection laws of that Member State, in accordance with Article 6(2) of Regulation (EC) No 593/2008 (Rome I).

For disputes arising from these Terms, if you are a consumer habitually resident in Spain, you may bring proceedings in the Spanish courts of your place of residence or domicile.

As stated in Section 1, until a Spanish version reviewed by FairFerry’s legal counsel exists, the English version is binding; once it exists, the Spanish version shall prevail in the event of any conflict.