GENERAL TERMS & CONDITIONS – TERMS OF USE OF FARAWAYHOME - June 2025

Preamble

These General Terms & Conditions / Terms of Use – hereinafter referred to as GTC – contain important information about your rights and obligations. Please take the time to read and understand these GTC before you start using our online platform.

If you do not agree to the terms and conditions set out herein, you may not use our platform farawayhome.com, including all associated domains. Use of the platform constitutes implied, irrevocable acceptance of these terms and conditions.

1. Scope and description of the ‘FARAWAYHOME’ platform

  1. These General Terms and Conditions (GTC) apply to the use of the online platform www.farawayhome.com, including mobile versions (e.g. apps) (also referred to as the ‘Platform’) and the FARAWAYHOME customer service (by telephone, in person, by email, etc.) provided by FARAWAYHOME OÜ, Tornimäe 5, 10145 Tallinn, Estonia (‘FARAWAYHOME’).

  2. Users can use the platform and/or the FARAWAYHOME service to conclude contracts with each other for the rental and letting of properties (e.g. as living space or for accommodation purposes). FARAWAYHOME is not itself a provider, but merely offers a technical service via the platform that enables contracts to be concluded between users.

  3. FARAWAYHOME reserves the right to update the Terms and Conditions with future effect if economic or legal reasons require an adjustment. The changes shall only become part of the contract if the user agrees to these changes or does not object to them within a period of two weeks. To this end, it is sufficient for FARAWAYHOME to send the new version of the T&Cs to the email address provided by the user for notification purposes. If the user does not object to the changes to the T&Cs within a period of two weeks, consent shall be deemed to have been given.

  4. Users who use our service platform as representatives of a legally independent legal entity hereby declare that they have been authorised to act as representatives. Any claims for damages by the legal entity shall be borne by the representative without power of representation. FARAWAYHOME reserves the right to ask users to provide proof of their power of representation.

  5. FARAWAYHOME is intended exclusively for users who are of legal age. Minors are prohibited from using the platform. By using the platform, users confirm that they are of legal age in their respective place of residence.

2. Services provided by FARAWAYHOME, registration and functions of the platform

  1. Users can register for active use of the platform as landlords or agencies (hereinafter referred to as ‘providers’) for furnished apartments or as tenants. Both provider and tenant accounts are activated after confirmation by FARAWAYHOME (‘registered users’). When registering, the user undertakes to provide truthful, current and complete information in accordance with the requirements of the registration form and to keep their data on the platform up to date at all times. FARAWAYHOME reserves the right to check the information in user profiles, but does not do so proactively. Accounts are not transferable.

  2. FARAWAYHOME offers registered users the technical service of offering furnished flats, apartments or other types of properties (collectively referred to as ‘property’ or ‘properties’) to potential tenants for a fee as providers on the FARAWAYHOME online marketplace. On the other hand, a user can search for suitable properties on this online platform as a tenant (‘tenant’) and, as a registered user, submit one or more non-binding booking requests to the providers via the online platform (‘booking request’). A contract for the use/rental of the property is not concluded directly on the platform, but is made through separate written or verbal agreement between FARAWAYHOME and the contracting parties. FARAWAYHOME does not offer any properties of its own.

  3. All services provided by FARAWAYHOME are offered to users subject to availability. FARAWAYHOME endeavours to keep the services accessible at all times. Maintenance work, further development or disruptions may restrict or temporarily interrupt the availability of the services. FARAWAYHOME will take legitimate interests into account by providing information in advance.

  4. Booking or viewing enquiries via FARAWAYHOME are free of charge for potential tenants. Advertising apartments is free of charge for providers. Upon conclusion of a rental agreement (as described in these T&Cs), FARAWAYHOME shall be entitled to payment of a commission for the services rendered in this connection. Upon conclusion of a rental agreement, FARAWAYHOME will not invoice the tenant for any services. The agency commission is limited to a maximum of 12 months' rent, after which no further fees will be charged. Unless otherwise agreed in the contract, the agency commission for providers is 20% (including 19% VAT) of the flat-rate rent per apartment per month. In the event of a lease extension, if the maximum commission of 12 flat-rate monthly rents has not been reached, the commission will be recalculated at the same conditions.

  5. The services for providers and tenants as well as details on the conclusion of the contract are described below.

3. Services for providers

  1. FARAWAYHOME offers providers the opportunity to publish content/descriptions of the properties on the platform themselves (e.g. rental conditions, availability calendar, etc. – referred to as ‘properties profile’ in each case) or to provide FARAWAYHOME with information/documents so that FARAWAYHOME can successfully market the property. The provider may provide FARAWAYHOME with their own photos and videos of the property; however, FARAWAYHOME will generally take its own photos or have them taken. If FARAWAYHOME creates a property description, this will be sent to the provider for approval. After approval by the provider, FARAWAYHOME will publish the property description and corresponding photos on the platform, on Facebook or other real estate and marketing portals, as well as with marketing partners. The provider undertakes to provide truthful information in the properties profiles, to comply with all legal regulations and not to infringe the rights of third parties (in particular copyrights).

  2. Listing profiles must contain at least the mandatory fields and the complete total price (including any applicable VAT) as well as other price components (such as cleaning fees, fees for use of washing machines, internet). The provider undertakes not to charge the tenant any additional fees, commissions or other payments beyond the total price stated in the properties profile. This does not include costs for additional services (e.g. hospitality services, extra parking) or possible deposit payments that are not included in the total price stated. Furthermore, all contract documents and terms and conditions must be fully accessible.

  3. By placing an property profile on the platform, a brokerage agreement is concluded between the provider and FARAWAYHOME. In the event of a successful placement, a commission btw. 10 and 20% (as agreed btw. the two parties) of the flat all inclusive rent per apartment per month is payable upon invoicing within 7 days. Invoicing takes place after conclusion of the rental agreement.

  4. For the duration of the contract, the provider undertakes to inform FARAWAYHOME within 48 hours if there are any changes to the availability of the property. If the property is advertised in market-relevant media, by other agencies, on internet portals or on the provider's own website, the client undertakes not to link to the property details published by FARAWAYHOME.

  5. The posting of an property profile does not constitute a legally binding offer by the provider. It serves only to give prospective tenants the opportunity to make a non-binding booking enquiry and then to submit a legally binding offer themselves.

  6. Offers from providers are sent by FARAWAYHOME to one or more potential tenants, published on the FARAWAYHOME website (www.farawayhome.com and www.farawayhome.com) and also offered via the partner network.

  7. FARAWAYHOME reserves the right to check and pre-select prospective tenants. Upon request and in the event of an individual assignment, FARAWAYHOME will take on further activities and services (e.g. viewing appointments, appointments for the handover or return of the property). This service is subject to a fee. Details will be set out in a written agreement between the provider and FARAWAYHOME. FARAWAYHOME provides a rental agreement form which can be used to conclude the rental agreement between the provider and the tenant. FARAWAYHOME accepts no liability for ensuring that all clauses in the sample contract are valid or comply with current case law (see section 4.3.).

  8. The provider shall keep FARAWAYHOME informed of the status of negotiations with the tenant. In particular, the provider shall inform FARAWAYHOME of the conclusion of a rental agreement, even if the tenant was not referred directly or indirectly by FARAWAYHOME. This procedure allows FARAWAYHOME to check whether a referral service has been provided by FARAWAYHOME.

4. Services for tenants

  1. FARAWAYHOME provides a service and platform in the form of a marketplace for searching, viewing and booking properties. Registered users have the option of making multiple parallel booking enquiries via the platform or managing them.

  2. Tenants also have the option of rating properties, but only if they have actually stayed there. They are obliged to provide truthful information. FARAWAYHOME does not check these reviews, but is entitled to delete them at any time and without consulting the tenant if they suspect that they are incorrect. Furthermore, FARAWAYHOME reserves the right to deactivate the option to review properties at any time.

5. Conclusion of contract

  1. FARAWAYHOME forwards booking requests from prospective tenants to providers via the online platform or via the FARAWAYHOME service.

  2. Upon receipt of a booking request, a provider has the option of making a binding offer to the inquiring tenant to conclude a contract, subject to a positive credit check of the potential tenant.

    a) This offer is then sent to the tenant via the platform or by FARAWAYHOME contacting them. A provider must accept a booking request within 48 hours if they wish to make an offer. If they do not respond, the booking request is automatically rejected by the system or manually.

    b) If a provider accepts a booking request and makes a binding offer to the requesting user or tenant, the latter also has 48 hours to accept it. If the tenant does not respond, the offer is automatically rejected by the system on their behalf.

    c) If the tenant accepts this offer, they undertake to provide sufficient documentation via the platform to verify their identity and creditworthiness. FARAWAYHOME and/or the provider will check these documents and decide on the legality of the request based on their findings.

    d) If the tenant and provider agree on the rental conditions, they conclude a binding rental agreement. The contract is not concluded directly via the platform, but by sending a signed rental agreement to FARAWAYHOME. FARAWAYHOME does not become a contractual partner with regard to the rental agreements for property on the platform, but acts solely as a service provider that facilitates the conclusion of the contract with the help of the platform.

  3. The terms of the rental agreements are negotiated solely between the provider and the tenant, and these parties are responsible for handling all formalities relevant to the conclusion of the agreement (form, agreement text, any country-specific regulations, etc.). FARAWAYHOME may provide sample agreements on the platform that tenants and providers can use to conclude agreements. These sample contracts are intended solely as an aid to the parties and do not claim to be complete or accurate. In particular, they do not take into account any country-specific/regional peculiarities. It is the sole responsibility of the provider and tenant to check whether this procedure complies with the legal requirements for the conclusion of rental agreements under the respective legal system. Providers may use their own property-specific terms and conditions or rental agreements for the property they rent out. These may amend the provisions of these General Terms and Conditions, but may not contradict them in any material respects.

  4. The fulfilment of all tax (performance) obligations is the sole responsibility of the provider. FARAWAYHOME does not issue invoices on behalf of the provider.

6. Cancellations of enquiries and rental agreements

  1. Booking and viewing enquiries can be cancelled at any time by the potential tenant by notifying FARAWAYHOME electronically, by telephone or in writing.

  2. The provider has the option of cancelling their offer to conclude a rental agreement if the rental agreement has not yet been legally concluded and no positive feedback has been received from the provider regarding the tenant's creditworthiness.

  3. Once concluded, rental agreements cannot generally be cancelled. The rental periods and, if applicable, the notice periods specified in the rental agreement apply.

  4. Shortening of the rental period or early termination of the rental agreement shall not affect the provisions regarding the commission claim.

7. Problem cases

  1. Before the tenant moves in, the property shall be handed over to the tenant either by the provider or by a representative appointed by the provider. During this appointment, the prospective tenant checks the contents of the rental agreement (e.g. apartment furnishings) and, if satisfied, accepts the property. FARAWAYHOME advises both parties to carry out this formal handover and to document it in a handover protocole for their own protection. If the tenant discovers any unforeseen problems or defects in the property or with the provider immediately after moving into the rented property, they may lodge a complaint within 24 hours of moving in.

  2. The tenant must send their complaint in writing (email is sufficient) to the provider and to FARAWAYHOME, and it must contain a specific reason for the complaint. In this case, FARAWAYHOME will endeavour to reach an amicable solution, but cannot guarantee that an agreement will be reached.

8. Prohibition of circumvention and information obligations of the provider and tenant

  1. The provider shall refrain from making any agreements with the proven prospective tenant that are likely to circumvent the client's obligation to pay commission to FARAWAYHOME or affect the amount of the commission payment.

  2. If the provider is already aware of a proven or brokered tenant, FARAWAYHOME must be informed immediately within 48 hours, stating the source. Otherwise, FARAWAYHOME shall be entitled to the commission payable in accordance with the provisions of the brokerage agreement in the event that a rental agreement is concluded.

  3. The provider is obliged to inform FARAWAYHOME immediately of the conclusion and essential details of a rental agreement and to provide a copy of the rental agreement. This also applies in the event that the tenant was not referred by FARAWAYHOME.

  4. Similarly, any intention to extend existing tenancies (with or without an option to extend) must be communicated to FARAWAYHOME in writing (email is sufficient) immediately, but no later than one month before the expiry of the original contractually agreed period. This applies equally to providers and tenants. Failure to comply with this obligation may result in claims for damages by FARAWAYHOME.

  5. The provider undertakes to provide the name of the tenant, regardless of whether the rental was arranged through FARAWAYHOME or otherwise. Only the transmission of this data enables FARAWAYHOME to verify whether the contract was concluded on the basis of proof provided by the agency. Prospective tenants must be informed by the provider of the necessity and purpose of this data transfer. FARAWAYHOME will not pass on this data to third parties.

  6. The provider guarantees to only offer prospective tenants referred by FARAWAYHOME properties for which FARAWAYHOME is also entitled to a brokerage commission. In the event of non-compliance, the provider shall be liable for the maximum commission fee (20% of the flat-rate rent per apartment for 12 months).

  7. The provider undertakes not to pass on the personal data of prospective tenants or tenants transmitted by FARAWAYHOME to other providers or other parties. In the event of non-compliance, the provider shall be liable for the maximum commission fee.

  8. The maximum commission fee shall also be payable by the provider if a tenant referred by FARAWAYHOME contacts the provider for another potential interested party and a rental agreement is concluded. This is particularly relevant for corporate customers, who often search for a suitable property through a representative. The commission fee is also payable if the parties to the rental agreement remain the same but the users of the property change, e.g. in the case of different company employees.

9. Deposit

  1. The provider may charge a deposit when renting their property. In this case, it is essential that the provider discloses this deposit information in the property profile in advance or informs FARAWAYHOME so that it can be included.

  2. The deposit is handled outside the platform directly between the tenant and the provider, so that FARAWAYHOME is not responsible for the administration of deposits or any deposit claims. This does not constitute a circumvention.

10. User data

  1. Users may not use addresses, contact details and email addresses obtained through the use of the platform for any purpose other than contractual communication. In particular, it is prohibited to pass this data on to third parties or to use it for sending advertising or alternative property offers. Users expressly consent to the disclosure of the information from their user profiles to the respective (potential) contractual partner, i.e. the tenant or provider.

11. Data protection

  1. FARAWAYHOME takes the privacy and protection of its users' data very seriously.

  2. For this reason, FARAWAYHOME has a data protection agreement that comprehensively regulates the storage and use of personal data in accordance with EU law.

  3. The privacy policy is hereby incorporated into these Terms and Conditions.

  4. FARAWAYHOME makes every effort to protect its systems and databases from hostile attacks, but users hereby confirm that they are aware of the risks associated with the World Wide Web, in particular as highlighted in recent reports.

12. Use of the FARAWAYHOME.COM platform

  1. It is prohibited to use the service platform in such a way that FARAWAYHOME or a third party suffers or could suffer damage.

  2. Access to the login area of the platform is only permitted to registered users. The access data must be kept inaccessible to third parties at all times. FARAWAYHOME must be informed immediately if third parties have gained unauthorised access to a user account.

  3. Users must comply with the laws and regulations of their respective countries of residence, including, in particular, intellectual property rights.

  4. FARAWAYHOME may discontinue its services at any time without prior notice and without liability for damages. FARAWAYHOME will inform users of any measures taken at the appropriate time.

  5. FARAWAYHOME assures that user data will be stored, used and deleted in accordance with applicable law. Users can read our privacy policy for more information. FARAWAYHOME does not store data outside the EU or with a service provider that does not comply with the Safe Harbour Principles (a set of principles that govern the transfer of personal data from the European Union to the United States).

13. Handling of content, in particular image material / rights of use

  1. By uploading content or providing content to FARAWAYHOME, the provider grants FARAWAYHOME the right to use this content for display on the platform and for advertising purposes in connection with the platform (e.g. online / TV / newsletter / print / posters, etc.) and grants FARAWAYHOME the necessary rights of use.

  2. FARAWAYHOME is entitled, but not obliged, to photograph and film the interior of the property and, if necessary, the facade of the property, and to use this image material. FARAWAYHOME has the sole right of use to the photo, video and floor plan material it has created.

  3. Insofar as the provider makes image material available with regard to the property, they grant FARAWAYHOME the simple, free right to use the image material. FARAWAYHOME is hereby entitled to use/publish the image material. FARAWAYHOME is not obliged to name the copyright holder of the image material. The provider guarantees that the image material they provide is free from third-party rights. Insofar as FARAWAYHOME is held liable for the infringement of third-party rights in relation to the image material provided by the provider, the provider shall indemnify FARAWAYHOME against all reasonable costs associated with this.

  4. The content offered via the platform is protected by copyright. Access to and use of the platform is regularly carried out individually by a natural person (or an employee of a legal entity) via a web browser. The use of techniques such as web spiders, crawlers or similar programmes whose purpose is not merely to index the content but to retrieve and store content from the platform on a large scale is not permitted. This applies in particular to techniques that enable third-party offers and services through so-called ‘screen scraping’.

  5. In the event of termination of the user agreement in accordance with these General Terms and Conditions – for whatever reason – FARAWAYHOME is entitled to delete all of the user's content. There is no obligation to transfer/hand over such content or similar.

14. Measures in the event of illegal and/or contractual behaviour on the part of the user / indemnities

  1. In the event of a breach of these General Terms and Conditions by the user, FARAWAYHOME is entitled to terminate the user agreement with immediate effect and/or to exercise its virtual domiciliary rights. Accordingly, FARAWAYHOME may exclude the user in question from using the service, delete the content used by them or take other measures within the meaning of Section 15.3. FARAWAYHOME reserves the right to pursue claims for injunctive relief and damages in court.
  2. FARAWAYHOME does not check published content. FARAWAYHOME is entitled to refuse to accept content, to delete and block content immediately in whole or in part, and to delete the pages and references to them immediately in the event of a violation of applicable law or the provisions of these Terms and Conditions.

  3. FARAWAYHOME reserves the right, in the event that a user violates legal regulations, the rights of third parties or the General Terms and Conditions, or if FARAWAYHOME has any other legitimate interest, subject to the right of termination without notice:

    1. To issue a warning to the user;
    2. To delete offers or other content of the user;
    3. To restrict the use of the platform for the user;
    4. to temporarily or permanently exclude the user from using the platform (blocking)
    5. to take other legal steps (such as filing criminal charges). When choosing a measure, FARAWAYHOME will take into account the legitimate interests of the user concerned and all circumstances of the violation, in particular the degree of fault.

  4. After a user has been blocked by FARAWAYHOME, this user may not log in with another user account or use the services via another user account and may not re-register.

  5. Any rental agreements already concluded by the user with other users shall remain unaffected by the deletion of an offer. The same applies to any claims for payment of the agency fee that are already due. If an offer is deleted by FARAWAYHOME before it is accepted by a user, no valid rental agreement shall come into effect.

  6. In the event of legal violations on their part, users shall indemnify FARAWAYHOME upon first request from all claims of other tenants/providers and/or third parties in relation to these legal violations. This includes the reasonable costs of legal defence. In addition to general violations of third-party rights, this indemnification includes in particular, but is not limited to, (i) legal violations by users that are derived from incorrect profile information, (ii) legal violations arising from the content of uploaded listings/properties descriptions by providers, and (iii) legal violations based on reviews by tenants, as well as (iv) claims asserted against FARAWAYHOME due to defective property.

15. Term, termination of the user agreement in accordance with these Terms & Conditions

  1. The user agreement is concluded for an indefinite period after registration.

  2. Users may terminate this user agreement at any time without notice. A notification to FARAWAYHOME in text form (e.g. letter, email) is sufficient for termination. If a prospective tenant is found before the provider's order is terminated, a subsequent rental agreement with the prospective tenant found by FARAWAYHOME shall remain subject to commission.

  3. FARAWAYHOME may terminate the usage agreement at any time with two weeks' notice.

  4. The right to block and terminate for good cause remains unaffected by this.

16. Liability

  1. FARAWAYHOME is not a party to the rental agreement and, as a housing agent, cannot accept any responsibility for damage to the rental property. Claims for damages against FARAWAYHOME are excluded, unless there is intentional or grossly negligent behaviour or a culpable breach of cardinal obligations or of life, limb or health. With regard to the breach of cardinal obligations, liability shall be limited to the damage typically incurred in transactions of this kind.

  2. To the extent permitted by law, any further liability on the part of FARAWAYHOME is excluded, regardless of its legal basis, in particular due to breach of contractual obligations, infringement of third-party intellectual property rights and tort. FARAWAYHOME shall not be liable for any direct, indirect or consequential damages, including lost profits, loss of data or goodwill, service interruptions, damage to computers or system failures, or costs for replacement products or services, or for any other indirect or consequential damages arising from the use or inability to use the website, the application, the services or the collective content, any communication, contact or meeting with other users of the website, the application or the services or with other persons with whom you communicate as a result of your use of the website, the application or the services or your participation in the referral programme or your advertisement or booking of property via the website, the application and the services.

  3. The limitation period for claiming damages is one year. The limitation period begins at the end of the year in which the claim arose and the client became aware of the circumstances giving rise to the claim and the identity of the debtor, or should have become aware of them without gross negligence.

  4. The evidence is based on the information provided by the provider.
    FARAWAYHOME assumes that the data provided by the provider is accurate. FARAWAYHOME accepts no liability for the accuracy and completeness of the information provided by the provider. Likewise, liability for rental agreements that have not been concluded is excluded.

  5. The provider, tenant and user accept the condition of the website ‘as is’. Furthermore, they accept that FARAWAYHOME may make changes at any time without prior notice. FARAWAYHOME endeavours to ensure maximum availability of the website, but cannot guarantee this.

  6. FARAWAYHOME has no control over the use of the website by providers, tenants and users.

17. Final provisions

  1. The law of the Federal Republic of Germany applies.

  2. The place of jurisdiction is Berlin if the provider is a merchant or a legal entity under public law or has its registered office outside Germany.

  3. Should individual provisions of the contract with the user, including these T&Cs, be or become invalid in whole or in part, the remaining provisions shall remain valid. The same applies in the event of a contractual loophole.

  4. The user and FARAWAYHOME undertake to replace any invalid provision with a provision that comes as close as possible to the original intention and does not conflict with the agency or referral agreement.

  5. The text of all provisions is subject to German law and shall be interpreted in accordance with German law. The versions provided in all other languages are for information purposes only and are not part of the contract. In the event of discrepancies between the German and foreign language versions, the German version shall therefore be binding.

  6. These Terms are governed by German law. The jurisdiction is Berlin. Invalid provisions do not affect the overall validity. In case of dispute, the German version shall prevail. Only the German version is legally binding.

- By using FARAWAYHOME, you acknowledge that you have read, understood, and agreed to these Terms and Conditions of service -