Terms & Conditions

1. Scope and Market Focus

These Terms and Conditions govern the contractual relationship between FairFerry OÜ, with registered office at Sepapaja tn 6, 15551 Tallinn, Estonia, with Registry Code: 17337821, and Spanish Tax Number (N.I.F.) Not yet assigned ("FairFerry"), and the user of services ("User" or "you").

These Terms and Conditions govern the contractual relationship between FairFerry and users who submit claims through the FairFerry website or by any other means, provided that the user is a consumer within the meaning of Royal Legislative Decree 1/2007 on Consumer Protection (TRLGDCU). A consumer is understood to be 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.

Any general terms and conditions of the User that differ from these Terms and Conditions shall not apply, even if we have not expressly objected to them.

All contractual communications and documentation shall be provided in English and, where applicable and upon request, in Spanish.

FairFerry offers to support customers with 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. FairFerry does not offer services for ferry routes exclusively operated outside Spain at this time.

2. Request, Review, and Contract Formation

To submit a claim, the User must complete the claim form on the FairFerry website and provide all information and documents requested. FairFerry will review the submitted information to assess the eligibility of the claim under Regulation (EU) No 1177/2010.

FairFerry reserves the right to decline a claim if, upon review, it does not appear eligible or viable. FairFerry will notify the User of any such decision. FairFerry may request additional information or documents from the User where necessary to complete its review.

The contractual relationship between FairFerry and the User comes into force upon the User's execution of the Assignment Agreement. Prior to execution of the Assignment Agreement, no contractual obligations arise on either party.

3. Our Service

FairFerry 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.

4. Assignment Agreement

By signing the Assignment Agreement, you authorize FairFerry to act on your behalf in relation to your claim. The Assignment Agreement authorizes FairFerry to communicate with ferry operators and to instruct external legal professionals where necessary. It does not constitute an assignment of the claim. You remain the legal owner of the claim at all times. The scope and limitations of the Assignment Agreement are set out in the separate document, which forms an integral part of this Agreement.

5. Fees

FairFerry operates on a success-based fee model. The "Compensation Amount" refers exclusively to statutory monetary compensation granted under Regulation (EU) No 1177/2010. No fees are charged for unsuccessful claims.

Success fee: 30% of the compensation amount, including VAT where applicable.

• The fee is payable only if compensation is received.
• If no compensation is obtained, you pay nothing.
• The compensation amount includes only statutory monetary compensation.
• Interest, costs, vouchers, miles, or non-cash benefits are excluded unless agreed otherwise.
• Interest payments, reimbursement of legal costs, administrative fees, or other ancillary amounts are not included in 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 such benefits shall be deemed the Compensation Amount for the purposes of calculating FairFerry's 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 offers 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 the enforcement of the claim, including but not limited to court fees, lawyer's fees, expert fees, and any other procedural costs. Under no circumstances will the user be liable for any costs related to the claim.

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 User is entitled under Regulation (EU) No 1177/2010. FairFerry will not accept any partial settlement or reduced compensation offer on the User's behalf 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 at any time.

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.

If the User pursues the same claim through another channel while FairFerry is actively handling it, or if the User receives compensation through any other means in relation to the same journey, the User remains liable to pay FairFerry's success fee on the compensation amount obtained.

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

FairFerry accepts claims up to five (5) years after the date of travel, subject to applicable limitation periods. 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 from this contract. To meet the withdrawal deadline, it is sufficient for you to send your communication before the withdrawal period has expired.

Effects of Withdrawal

If you withdraw from this contract, we shall reimburse all payments received from you without undue delay and no later than 14 days from the day on which we receive your notice of withdrawal. Reimbursement will be made using the same means of payment as used for the initial transaction, unless expressly agreed otherwise.

Early Expiry of the Right of Withdrawal

The right of withdrawal expires if:

• you have expressly requested that FairFerry begins providing the service before the withdrawal period ends, and
• you have acknowledged that you are aware that, once FairFerry has completely executed the service, you lose your right of withdrawal.

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)

Where the user expressly requests the commencement of services during the withdrawal period and subsequently withdraws from the contract, FairFerry may claim reasonable compensation for services already provided, in accordance with applicable consumer protection law.

11. Liability

FairFerry shall not be liable for any loss or damage arising from the performance of its services except in cases of gross negligence or wilful misconduct.

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.

In no event shall FairFerry's aggregate liability to the User — to the extent not excluded under applicable law — exceed the compensation amount sought in the relevant claim.

Nothing in these Terms limits or excludes liability that cannot be excluded under applicable mandatory consumer protection law.

12. Data Protection

Personal data is processed in accordance with FairFerry's 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.

• Autoridad Marítima
• Juntas Arbitrales de Consumo

14. Applicable Law, Jurisdiction and Dispute Resolution

These Terms 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 will 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.