GENERAL TERMS & CONDITIONS – TERMS OF USE OF FARAWAYHOME.COM - April 2026
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.
By registering for an account or actively using the Platform, you confirm that you have read, understood, and agree to these GTC. 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.
1. Scope and description of the 'FARAWAYHOME' platform
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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 all services provided by FARAWAYHOME OÜ, Tornimäe 5, 10145 Tallinn, Estonia ('FARAWAYHOME'), regardless of the communication channel through which such services are delivered. This includes, without limitation, services provided via the Platform, email, telephone, WhatsApp, other messaging services, social media, video calls, or in-person meetings. Any inquiry, referral, or introduction facilitated by FARAWAYHOME through any of these channels shall be considered a service rendered by FARAWAYHOME under these GTC.
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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. FARAWAYHOME acts as an intermediary for both providers and tenants. Both parties are hereby informed that FARAWAYHOME may provide services to both sides of a transaction (dual activity).
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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 expressly agrees to these changes or does not object to them within a period of fifteen (15) days after receiving notification. FARAWAYHOME will send the new version of the GTC to the email address provided by the user and will clearly highlight the changes. Users have the right to terminate the agreement before the changes take effect. If the user does not object to the changes within fifteen (15) days and does not terminate, continued use of the Platform after the changes take effect shall constitute acceptance.
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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.
- 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
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Users can register for active use of the platform as landlords or agencies (hereinafter referred to as 'providers') for furnished apartments or as tenants. User profiles 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. User profiles are not transferable. Users may also register using their existing account with a supported third-party authentication provider (currently Google, Apple, and Microsoft). By registering via a third-party provider, the user authorises FARAWAYHOME to receive basic profile information (name and email address) from that provider. The user remains responsible for maintaining the security of their third-party account. Registration via a third-party provider constitutes acceptance of these GTC. Users may also register and log in using a one-time code sent to their email address ("Email OTP"). A password is not required for registration or login. Users may optionally set a password at any time through their account settings or the password reset process for convenience. By clicking "Continue with Google", "Continue with Apple", or "Continue with Microsoft", or by submitting your email address for a one-time login code, you confirm that you have read, understood, and agree to these General Terms & Conditions. Information on how we collect, use, and protect your personal data can be found in our Privacy Policy at www.farawayhome.com/en/privacy-policy.
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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.
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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.
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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. Unless otherwise agreed in a separate written agreement, the agency commission for providers is 10% of the flat-rate rent per apartment per month, plus applicable VAT. The agency commission is limited to a maximum of 12 flat-rate monthly rents per apartment per initial rental agreement, after which no further fees will be charged for that specific agreement.
In the event of a lease extension, continuation, or renewal of an existing rental agreement for the same property between the same parties, the commission shall continue to be calculated at the same conditions until the maximum of 12 flat-rate monthly rents per apartment has been reached in total (combining the initial rental period and any extensions). Once the 12-month cap has been reached, no further commission shall be payable for that specific tenant-property combination. This provision forms part of the brokerage agreement between the provider and FARAWAYHOME.
If a new, separate rental agreement is concluded between the same tenant and the same provider for a different property, this constitutes a new brokerage event and a new commission obligation arises, subject to the same terms.
The commission obligation applies to every property rented by a tenant who was referred, introduced, or otherwise made known to the provider by FARAWAYHOME, regardless of (a) whether the subsequent rental agreement was facilitated through the Platform or through any other channel, or (b) whether the tenant submitted an inquiry for that specific property. This commission obligation remains in effect for a period of 12 months following the initial referral or the last rental agreement facilitated or triggered by a FARAWAYHOME referral, whichever is later.
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Listing order and ranking. The order in which properties appear on the Platform is determined by the following main parameters: property availability matching the tenant's requested dates, geographic relevance to the tenant's search area, provider response time and reliability, listing completeness and media quality, and listing recency. FARAWAYHOME does not accept payment from providers in exchange for higher ranking positions. Individual listing performance may also affect visibility.
- The services for providers and tenants as well as details on the conclusion of the contract are described below.
3. Services for providers
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 social media, 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).
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). Where applicable, the provider shall transparently break down the total rent into base rent and furniture premium. 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.
By placing a property profile on the platform, a brokerage agreement is concluded between the provider and FARAWAYHOME. In the event of a successful placement, a commission of 10% of the flat-rate rent per apartment per month, plus applicable VAT, is payable upon invoicing within 7 days, unless otherwise agreed in writing between the parties. Invoicing takes place after conclusion of the rental agreement.
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.
The posting of a 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.
Offers from providers are sent by FARAWAYHOME to one or more potential tenants, published on the FARAWAYHOME website (www.farawayhome.com) and also offered via the partner network.
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.).
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.
Providers are responsible for compliance with all applicable tax reporting obligations. As a platform operator, FARAWAYHOME is required under EU Directive 2021/514 (DAC7) and applicable implementing legislation to collect and report certain information about providers and their transactions to tax authorities. The data collected for this purpose includes: full name, date of birth, address, Tax Identification Number, VAT number (where applicable), address(es) of rented property/properties, rental days per listing, total consideration per quarter, and commissions retained or charged by FARAWAYHOME. This data is collected on the basis of a legal obligation (Art. 6(1)(c) GDPR) and is reported to the Estonian Tax Authority (Maksu- ja Tolliamet), which in turn exchanges this information automatically with the competent tax authorities of other EU Member States. Further details on the processing of this data can be found in our Privacy Policy. If a provider fails to provide the required data after two requests within 60 days, FARAWAYHOME is legally obligated to close the provider's account and withhold any payments until the data is provided in full.
4. Services for tenants
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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.
- Tenants also have the option of rating properties, but only if they have actually stayed there. They are obliged to provide truthful information. If FARAWAYHOME determines that a review violates applicable law or these GTC, it may remove the review after providing the user with a statement of reasons and an opportunity to respond. FARAWAYHOME reserves the right to deactivate the option to review properties at any time.
5. Conclusion of contract
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FARAWAYHOME forwards booking requests from prospective tenants to providers via the online platform or via the FARAWAYHOME service.
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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. Where automated decision-making processes are used in the creditworthiness assessment that produce legal effects or similarly significantly affect the tenant, the tenant has the right to request review by a human, to express their point of view, and to contest the decision. Details on the processing of personal data in connection with creditworthiness checks and the rights of data subjects can be found in the FARAWAYHOME Privacy Policy.
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.
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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.
- 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
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Booking and viewing enquiries can be cancelled at any time by the potential tenant by notifying FARAWAYHOME electronically, by telephone or in writing.
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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.
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Once concluded, rental agreements cannot generally be cancelled. The rental periods and, if applicable, the notice periods specified in the rental agreement apply.
- Shortening of the rental period or early termination of the rental agreement shall not affect the provisions regarding the commission claim.
7. Problem cases
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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 protocol 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.
- 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
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8.1 Definition of referral.
A "referral" by FARAWAYHOME occurs when FARAWAYHOME, through any channel (including but not limited to the Platform, email, WhatsApp, telephone, social media, video calls, or in-person meetings), introduces, refers, presents, or otherwise makes a prospective tenant known to a provider, or vice versa. A referral is deemed to have occurred regardless of whether the tenant ultimately submits a formal inquiry via the Platform. The decisive criterion is whether FARAWAYHOME played any role — directly or indirectly — in establishing the initial contact or awareness between the tenant and the provider.
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8.2 Anti-circumvention.
The provider shall refrain from making any agreements with a referred prospective tenant that are likely to circumvent the provider's obligation to pay commission to FARAWAYHOME or affect the amount of the commission payment. Any attempt to circumvent the commission obligation — including but not limited to directing the tenant to conclude a rental agreement outside of FARAWAYHOME's awareness, using a third party or related entity as an intermediary, or offering different properties not listed with FARAWAYHOME to a FARAWAYHOME-referred tenant — shall entitle FARAWAYHOME to the commission that would have been payable on the circumvented transaction plus reasonable damages.
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8.3 Prior awareness.
If the provider is already aware of a referred or brokered tenant, FARAWAYHOME must be informed immediately within 48 hours, stating the source. If the provider fails to notify FARAWAYHOME and a rental agreement is subsequently concluded, FARAWAYHOME shall be entitled to the full commission payable in accordance with the provisions of these GTC.
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8.4 Reporting obligations.
The provider is obliged to inform FARAWAYHOME immediately of the conclusion and essential details of any rental agreement with any tenant who was at any point referred, introduced, or made known by FARAWAYHOME, and to provide a copy of the rental agreement. This obligation applies regardless of whether the specific rental agreement was facilitated through the Platform and regardless of which property is the subject of the agreement.
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8.5 Lease extensions and renewals.
Any intention to extend or renew existing tenancies (with or without an option to extend, whether formally or informally) 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 equivalent to the commission that would have been payable. Commission on lease extensions is payable until the 12-month cap per apartment is reached (see Section 2.4).
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8.6 Multiple properties and subsequent bookings.
If a tenant referred by FARAWAYHOME concludes a rental agreement with the same provider for any additional, different property — whether or not the tenant submitted an inquiry for that property through FARAWAYHOME — the provider is obligated to pay the applicable commission to FARAWAYHOME. This applies to all properties rented by the referred tenant from the same provider within a period of 12 months from the initial referral, or from the last rental agreement involving that tenant, whichever is later.
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8.7 Corporate and group bookings.
If a provider concludes rental agreements with the same corporate entity or organisation that was originally introduced through a FARAWAYHOME referral, and can be shown to have deliberately routed subsequent bookings through that corporate relationship to avoid FARAWAYHOME's commission, this constitutes a circumvention under Section 8.2. The decisive factor is whether there is a demonstrable attempt to avoid the commission obligation.
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8.8 Tenant identification.
The provider undertakes to provide the name of the tenant for every concluded rental agreement with a tenant referred by FARAWAYHOME. Only the transmission of this data enables FARAWAYHOME to verify whether the contract was concluded on the basis of a referral. This obligation is limited to tenants whom FARAWAYHOME has demonstrably referred, introduced, or made known to the provider. FARAWAYHOME will use the data provided exclusively for the purpose of commission verification and will not pass it on to third parties. Details on the processing of this data can be found in the FARAWAYHOME Privacy Policy.
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8.9 Data protection.
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 commission that would have been payable on any transaction facilitated using the improperly shared data.
- 8.10 Consequences of non-compliance. In the event of any violation of the obligations set out in this Section 8, the provider shall be liable for the commission that would have been payable had the transaction been properly reported, plus reasonable damages. FARAWAYHOME reserves the right to claim additional damages where the actual loss exceeds this amount, subject to proof.
9. Deposit
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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 on the Platform (via their FARAWAYHOME OS dashboard). All property-related information, including deposit amounts, must be entered and managed exclusively through the provider's account on the Platform.
- 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
- 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 consent to the disclosure of the information from their user profiles to the respective (potential) contractual partner, i.e. the tenant or provider, to the extent necessary for the initiation or performance of the rental agreement. The legal basis for this data transfer is contract performance pursuant to Art. 6(1)(b) GDPR. Details on the processing of personal data can be found in the FARAWAYHOME Privacy Policy.
11. Data protection
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FARAWAYHOME takes the privacy and protection of its users' data very seriously.
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For this reason, FARAWAYHOME has a comprehensive privacy policy that regulates the collection, storage, and use of personal data in accordance with the EU General Data Protection Regulation (GDPR) and other applicable data protection laws. The Privacy Policy is available at www.farawayhome.com/en/privacy-policy and is provided separately to all users upon registration. Please read the Privacy Policy carefully, as it contains important information about the processing of your personal data.
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The privacy policy is hereby incorporated into these Terms and Conditions.
- All data is stored within the European Union. Where data is transferred to service providers in third countries, FARAWAYHOME ensures appropriate safeguards in accordance with Chapter V GDPR, including EU Standard Contractual Clauses (SCCs) and the EU-U.S. Data Privacy Framework, where applicable. Details can be found in the Privacy Policy.
12. Use of the FARAWAYHOME.COM platform
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It is prohibited to use the service platform in such a way that FARAWAYHOME or a third party suffers or could suffer damage.
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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.
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Users must comply with the laws and regulations of their respective countries of residence, including, in particular, intellectual property rights.
- FARAWAYHOME may discontinue its services to business users (providers) with at least 30 days' prior written notice, stating the reasons for the decision. In cases of repeated or serious violations of these GTC, or where required by law, FARAWAYHOME may restrict or terminate services with shorter notice. FARAWAYHOME will inform users of any measures taken at the appropriate time.
13. Handling of content, in particular image material / rights of use
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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.
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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.
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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.
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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'.
- In the event of termination of the user agreement in accordance with these General Terms and Conditions – for whatever reason – FARAWAYHOME is entitled to remove content published by the user on the platform (e.g. listings, descriptions). The rights of users under the General Data Protection Regulation (GDPR), in particular the right to data portability (Art. 20 GDPR) and the right to erasure (Art. 17 GDPR), remain unaffected. Users may request the return of their personal data in a structured, commonly used and machine-readable format before or after termination. Further details are set out in the Privacy Policy.
14. Measures in the event of illegal and/or contractual behaviour on the part of the user / indemnities
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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 14.3. FARAWAYHOME reserves the right to pursue claims for injunctive relief and damages in court.
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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. In any such case, FARAWAYHOME will provide the affected user with a statement of reasons for the decision.
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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.
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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.
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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.
- 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
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The user agreement is concluded for an indefinite period after registration.
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Users may terminate this user agreement at any time without notice. A notification to FARAWAYHOME by 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.
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FARAWAYHOME may terminate the usage agreement at any time with two weeks' notice. For business users (providers), FARAWAYHOME will provide at least 30 days' written notice with a statement of reasons.
- The right to block and terminate for good cause remains unaffected by this.
16. Liability
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FARAWAYHOME is not a party to the rental agreement and, as a housing agent, cannot accept any responsibility for damage to the rental property.
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FARAWAYHOME shall be fully liable for damages arising from intentional or grossly negligent conduct, for damages arising from injury to life, body, or health, and for damages arising from a breach of essential contractual obligations (Kardinalpflichten). In the case of a breach of essential contractual obligations caused by ordinary negligence, FARAWAYHOME's liability shall be limited to the foreseeable damages typical for the type of transaction in question.
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Any further liability on the part of FARAWAYHOME for ordinary negligence is excluded, except where mandatory statutory provisions (including product liability law) provide otherwise.
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The statutory limitation periods shall apply to all claims for damages. The limitation period for damage claims arising from ordinary negligence (excluding personal injury) is three years from the end of the year in which the claim arose and the claimant became aware of, or should reasonably have become aware of, the circumstances giving rise to the claim.
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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.
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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.
- FARAWAYHOME has no control over the use of the website by providers, tenants and users.
17. Final provisions
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The law of the Republic of Estonia applies. For consumers habitually resident in an EU/EEA Member State, mandatory consumer protection provisions of that Member State shall also apply to the extent they provide a higher level of protection. Consumers domiciled in the EU may bring claims against FARAWAYHOME in the courts of their Member State of domicile in accordance with the Brussels I bis Regulation (Regulation (EU) No 1215/2012).
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For disputes with providers who are merchants or legal entities under public law, the place of jurisdiction is Tallinn, Estonia.
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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.
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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.
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The text of all provisions is subject to Estonian law and shall be interpreted in accordance with Estonian law. The German language version of these GTC is the authoritative version. 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.
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Information pursuant to § 5 DDG (Digitale-Dienste-Gesetz):
FARAWAYHOME OÜ
Tornimäe 5, 10145 Tallinn, Estonia
Email: welcome@farawayhome.com
VAT ID: EE102783607
Company registration number: 17081333
18. Complaint handling and dispute resolution
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18.1 Internal complaint handling.
Users who are dissatisfied with a decision by FARAWAYHOME regarding content moderation, account restriction, service termination, or any other matter arising from the use of the Platform may submit a complaint to welcome@farawayhome.com. FARAWAYHOME will acknowledge receipt of the complaint and respond within 15 business days. The complaint will be reviewed by a person qualified to assess the matter, and FARAWAYHOME will communicate its decision with a statement of reasons.
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18.2 Mediation.
For disputes that cannot be resolved through the internal complaint-handling system, business users (providers) may refer the matter to mediation. FARAWAYHOME identifies the following mediators as willing and able to engage in mediation:
(a) Schlichtungsstelle der Rechtsanwaltschaft (Arbitration Board of the German Bar Association), Neue Grünstraße 17, 10179 Berlin, Germany — https://www.schlichtungsstelle-der-rechtsanwaltschaft.de
(b) Centre for Effective Dispute Resolution (CEDR), 100 St. Paul's Churchyard, London EC4M 8BU, United Kingdom — https://www.cedr.com
FARAWAYHOME will engage in good faith with any mediation process initiated under this section.
- By using FARAWAYHOME, you acknowledge that you have read, understood, and agreed to these Terms and Conditions of service -