Last Updated: 15 August 2026
This User Agreement ("Agreement") governs the terms of use of the Emlak24 platform ("Platform") and the legal rights and obligations of the parties. By visiting the Platform or registering on it, you declare that you have read, understood, and accepted these terms, which have been prepared in accordance with German law and the European Union General Data Protection Regulation (GDPR).
1. Subject Matter and Scope of the Agreement
- Emlak24: Refers to the online platform on which real estate listings are published and which brings buyers, sellers, tenants, and landlords together in a digital environment.
- User: Refers to any natural or legal person who visits the Platform, searches for listings, or creates an account for the purpose of publishing listings.
- Consumer (Verbraucher): Pursuant to Section 13 of the German Civil Code (BGB), a natural person who acts for purposes that cannot be attributed to their commercial or independent professional activity.
- Entrepreneur/Trader (Unternehmer): Pursuant to Section 14 BGB, persons, institutions, or partnerships acting within the scope of commercial or self-employed professional activities.
2. Role of Emlak24 and Scope of Services
Emlak24 provides only technical infrastructure (hosting) for the matching of real estate supply and demand. Emlak24 is not the owner, seller, tenant, or landlord of the properties featured in listings. Emlak24 is not a party to contracts concluded between Users regarding the rental or sale of real estate and, unless otherwise specified by law, does not act as a representative or commission agent. Therefore, Emlak24 makes no warranty regarding the accuracy of listings, the physical condition of properties, or the creditworthiness of the parties.
3. Registration, Account Management, and Security
- Creating an account is required to use specific Platform features such as publishing listings and messaging.
- The User guarantees that all information provided during registration (name, contact details, corporate information, etc.) is accurate, complete, and up to date.
- User accounts are personal to the individual or organization and may not be transferred to third parties.
- The User is solely responsible for the security and confidentiality of login credentials (password, etc.). If unauthorized use of the account is suspected, Emlak24 must be notified immediately.
4. Pricing and Service Fees
General access to the Platform and listing search activities are generally free of charge. However, Emlak24 reserves the right to charge fees for listing publication, featured listings, professional corporate memberships, and other additional services.
Important Note: This agreement is of a general nature and does not contain price details. If services are subject to a fee, applicable prices, taxes, and payment terms will be presented transparently to the User at the point of purchase (before payment confirmation). The User cannot be held liable for any charge they have not expressly approved.
5. User Obligations and Listing Rules
Users are obliged to use the Platform in compliance with the law and the principles of good faith:
- Users are solely responsible for all text, photos, videos, and documents (Content) they upload to the Platform.
- Published listings must be genuine, up to date, and must not violate the German Act Against Unfair Competition (UWG).
- The User guarantees that uploaded content does not infringe the copyrights, trademark rights, or personality rights of third parties.
- Publishing content intended for fraud, discriminatory content (contrary to the General Equal Treatment Act – AGG), misleading content, violent content, or content constituting a criminal offense under German law is strictly prohibited. Emlak24 has the right to remove such content without prior notice and to suspend the relevant account.
6. Right of Withdrawal for Consumers (Widerrufsrecht)
If the User is a consumer within the meaning of German law (BGB § 13), they have the right to withdraw from a paid service contract within 14 days without giving any reason. The withdrawal period begins on the date the contract is concluded. If, at the User's request, performance of a digital service begins immediately (for example, immediate publication of a listing), the User will be informed that they may lose their right of withdrawal and their express consent will be obtained in this regard.
7. Limitation of Liability (Haftungsbeschränkung)
Emlak24's legal liability is limited in accordance with German law standards as follows:
- Emlak24 is fully liable for damages resulting from intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit) on the part of its employees or legal representatives.
- Legal liability also applies in cases of slight negligence where life, body, or health is harmed.
- In the event of a slightly negligent breach of essential contractual obligations (Kardinalpflichten) necessary to achieve the purpose of the contract, Emlak24's liability is limited to foreseeable, typical damages at the time the contract was concluded.
- In all other cases of slight negligence, Emlak24 is not liable (including data loss or temporary Platform outages within the framework of BGB §§ 521, 523).
8. Data Protection and Privacy (Datenschutz)
Emlak24 processes Users' personal data in strict compliance with the European Union General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). For comprehensive details on the collection, processing, and sharing of personal data with third parties, please refer to the separately provided Privacy Policy (Datenschutzerklärung).
9. Intellectual Property Rights and Usage License
The design, algorithms, software code, logos, and databases of the Platform are the exclusive property of Emlak24 and are protected under the German Copyright Act (UrhG). By uploading listing content to the Platform, the User is deemed to grant Emlak24 a worldwide, royalty-free, sublicensable right of use (Nutzungsrecht) for the purpose of publishing, marketing, and storing the listing in the database.
10. Term, Termination, and Amendments (Änderung der AGB)
- This User Agreement concluded upon account registration is entered into for an indefinite period. Users may delete their accounts at any time.
- Emlak24 reserves the right to amend these General Terms and Conditions (AGB) due to technical developments, legal changes, or commercial necessity. Planned changes will be communicated to Users in writing by email or via the Platform at least 4 (four) weeks before they take effect. If the User does not object in writing within this period, the amended terms shall be deemed approved.
11. Applicable Law and Jurisdiction
- Applicable Law: This User Agreement and all legal relationships between Emlak24 and the User are governed by the law of the Federal Republic of Germany (Deutsches Recht), excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
- Jurisdiction (Gerichtsstand): If the User is a merchant (Kaufmann), legal entity, or special fund under public law, the exclusive place of jurisdiction for all disputes arising from this Agreement shall be the courts at the location of Emlak24's registered office in Germany (e.g. Berlin). The statutory jurisdiction rules apply to consumers.
12. Severability (Salvatorische Klausel)
If any provision of this Agreement is found to be unlawful, invalid, or unenforceable, this shall not affect the validity and enforceability of the remaining provisions. The invalid provision shall be replaced by the valid legal regulation that comes closest to the original economic and legal intent of the parties.
