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ACCOMMODATION SERVICE - TERMS AND CONDITIONS

Last Updated: February 22, 2026 Effective Date: February 22, 2026 Version: 1.3

IMPORTANT LEGAL NOTICE

These Accommodation Service Terms ("Accommodation Terms") are Additional Terms that supplement and form part of the DesiWay Master Terms and Conditions. By using the Accommodation Service, you agree to both the Master Terms and these Accommodation Terms.

DesiWay is a classifieds/listings platform. We do NOT verify property listings, guarantee the accuracy, safety, or legality of accommodation listings. Currently, we do NOT process rent payments or facilitate rental agreements - all rental agreements occur directly between users at their own risk. If we introduce optional payment services in the future, separate Payment Terms will apply.

TABLE OF CONTENTS

  1. Accommodation Service Overview
  2. Listing Creation and Management
  3. Listing Owner Obligations
  4. Renter/Seeker Obligations
  5. Legal Compliance
  6. Fair Housing and Non-Discrimination
  7. Safety and Security
  8. Transactions and Payments
  9. Prohibited Listings and Activities
  10. Liability and Disclaimers
  11. Dispute Resolution
  12. Enforcement

1. ACCOMMODATION SERVICE OVERVIEW

1.1. Service Description

The Accommodation Service allows users to:

  • List properties: Apartments, houses, rooms, sublets, roommate opportunities
  • Search for accommodation: Filter by location, price, type, and amenities
  • Connect with property owners: Direct messaging to inquire and arrange viewings
  • Manage listings: Edit, update, or delete accommodation listings

1.2. Platform Role

DesiWay provides a platform for accommodation listings. DesiWay is NOT:

1.2.1. Property Manager or Landlord

  • We do not own, manage, or control any properties listed
  • Currently, we do not collect rent or security deposits (optional payment services may be introduced in the future - see Section 8)
  • We do not handle lease agreements or rental contracts
  • We do not resolve landlord-tenant disputes

1.2.2. Real Estate Agent or Broker

  • We do not provide real estate services
  • We do not advise on property purchases or rentals
  • We are not licensed real estate professionals
  • We do not earn commissions from rentals

1.2.3. Property Verifier

  • We do not verify property ownership
  • We do not inspect properties
  • We do not confirm property safety or habitability
  • We do not conduct background checks on landlords or tenants

1.2.4. Party to Rental Agreements

  • We are not a party to any rental agreements between users
  • We do not guarantee fulfillment of rental agreements
  • We do not enforce lease terms

1.3. User-to-User Agreements

Current Status: All rental agreements, negotiations, and transactions currently occur directly between Listing Owners and Renters/Seekers. DesiWay is not a party to these agreements and assumes no responsibility for their performance, enforcement, or breach.

Future Payment Services: If we introduce optional payment processing services (such as escrow, secure payments, or transaction facilitation), separate Payment Terms and Conditions will govern those services. Use of payment services will be entirely optional - users may continue transacting directly.

1.4. PLATFORM LIABILITY CLARIFICATION (DSA Article 6)

DesiWay's Role: Information society hosting service only

DesiWay operates as a hosting service under the EU Digital Services Act (DSA Article 6). As a hosting service provider, we are not liable for user-generated content (accommodation listings) stored at the request of users, provided we:

  • Act expeditiously to remove illegal content upon obtaining knowledge
  • Do not have actual knowledge of illegal activity or content
  • Are not actively involved in creating or controlling user content

Verification Badges:

  • Indicate only user identity/account verification
  • Do NOT indicate quality endorsement or DesiWay approval of properties
  • Do NOT guarantee property safety, legality, or habitability

1.5. LISTING RANKING PARAMETERS (P2B Regulation Article 5)

For Business Users (Property Managers, Landlords, Real Estate Professionals):

The Platform to Business (P2B) Regulation requires us to explain how accommodation listings are ranked in search results and feeds.

Main Ranking Factors:

  1. Recency (35% influence)

    • Date listing was posted
    • Recent updates to listing details or photos
    • Recently refreshed listings appear higher

  2. Location Match (25% influence)

    • Proximity to user's selected location (city/region)
    • Exact city match ranked higher than nearby cities
    • User's saved location preferences

  3. Content Quality (20% influence)

    • Complete property descriptions (minimum 100 characters preferred)
    • Multiple high-quality photos (minimum 3 recommended)
    • Detailed amenities and features listed
    • Accurate pricing and availability information

  4. User Engagement (15% influence)

    • Number of views on listing
    • Number of inquiries/messages received
    • Number of saves/favorites by users
    • Response rate to inquiries (higher = better ranking)

  5. Account Verification (5% influence)

    • Verified user accounts ranked slightly higher
    • Does NOT indicate property verification
    • Indicates identity verification only

No Paid Promotion: Currently, DesiWay does NOT offer paid ranking boosts or sponsored placement for accommodation listings. All listings are ranked organically based on the factors above.

Future Paid Promotion: If we introduce paid promotion in the future:

  • Boosted/sponsored listings will be clearly labeled as "Sponsored" or "Promoted"
  • Paid promotion will NOT replace organic ranking factors
  • Non-paying listings will still appear in search results
  • You will be notified before any paid promotion features launch
  • All paid promotion features will be governed by our DesiWay Payment Terms and Conditions, available at desiway.in/payment-terms (when available)

Ranking Transparency: Business users (property managers, landlords with multiple listings, real estate professionals) can contact us for specific questions about their listing visibility:

  • Email: [email protected]
  • Subject: "Accommodation Listing Ranking Inquiry"
  • Include: Listing ID, specific questions about ranking

How to Improve Listing Visibility (Organically):

  1. Keep listings up-to-date with recent edits
  2. Upload high-quality photos (at least 3-5 images)
  3. Write detailed, accurate descriptions
  4. Respond quickly to inquiries (improves engagement score)
  5. Verify your account (small ranking boost)
  6. Refresh/update listing periodically

Changes to Ranking: We may update ranking parameters to improve user experience. Business users will be notified of material changes to ranking criteria at least 15 days in advance via email.

2. LISTING CREATION AND MANAGEMENT

2.1. Creating Accommodation Listings

2.1.1. Eligibility: All registered users may create accommodation listings if they have legal authority to list the property.

2.1.2. Required Information Accommodation listings MUST include:

Property Details:

  • Property type (apartment, house, room, shared housing, sublet)
  • Number of bedrooms and bathrooms
  • Square footage or size
  • Furnished or unfurnished
  • Amenities (parking, laundry, kitchen, utilities included, etc.)

Location:

  • Full address or specific neighborhood
  • City and country
  • Proximity to transportation, landmarks

Pricing:

  • Rent amount (per month or per week)
  • Currency
  • Security deposit (if applicable)
  • Additional fees (utilities, parking, cleaning, etc.)

Availability:

  • Available from date
  • Lease duration (short-term, long-term, month-to-month)
  • Move-in date

Description:

  • Detailed property description
  • House rules (pets, smoking, guests, quiet hours)
  • Tenant requirements (employment, credit check, references)

Photos:

  • Actual photos of the property (interior and exterior)
  • Minimum 3 photos recommended

Contact Information:

  • Preferred contact method (DesiWay in-app messaging recommended for safety; phone/email optional)

2.2. Listing Accuracy

2.2.1. Truthful Representation: All listing information MUST be accurate, complete, and truthful. Misrepresentation is prohibited.

2.2.2. Actual Photos: Photos MUST be of the actual property being listed. Stock images, photos of other properties, or digitally altered images are prohibited.

2.2.3. Current Information: Listings must reflect the current state of the property. Update listings immediately if conditions change.

2.3. Listing Management

2.3.1. Editing: Listing Owners may edit their listings at any time to update information, pricing, or availability.

2.3.2. Deletion: Listing Owners may delete listings when properties are no longer available. Inform interested renters before deleting active listings.

2.3.3. Renewal: Listings may expire after a certain period (e.g., 90 days). Owners may renew listings if the property is still available.

2.4. Listing Visibility

2.4.1. Public Preview with Sign-In Required: Basic accommodation listing information (photos, general description, and location area) is publicly visible to all visitors, including non-registered users, to allow browsing and discovery. However, full listing details, contact information, and the ability to message listing owners are available ONLY to registered, logged-in members of the Platform. This approach balances discoverability with community accountability and protects property owner contact information.

2.4.2. Search Ranking: Listings appear based on relevance, date posted, and user location.

3. LISTING OWNER OBLIGATIONS

Listing Owners MUST comply with the following obligations:

3.1. Legal Authority and Ownership

3.1.1. Own or Have Authority: You MUST either:

  • Own the property, OR
  • Have written permission from the property owner to list the property (e.g., authorized property manager, primary tenant with subletting rights)

3.1.2. Subletting Permission: If you are a tenant subletting:

  • Obtain written permission from your landlord before listing
  • Comply with lease terms regarding subletting
  • Provide copy of subletting authorization if requested

3.1.3. Property Manager Authorization: If you are a property manager:

  • Have proper management agreement with property owner
  • Hold required property management licenses (if applicable in your jurisdiction)

3.2. Legal Compliance

3.2.1. Landlord-Tenant Laws: Comply with all applicable landlord-tenant laws in your jurisdiction, including:

  • Lease agreement requirements
  • Security deposit limits and handling
  • Notice requirements for entry and eviction
  • Tenant rights protections
  • Habitability standards

3.2.2. Rental Licenses and Permits: Obtain all necessary licenses and permits, including:

  • Short-term rental licenses (e.g., Airbnb-style regulations)
  • Business licenses (for commercial rentals)
  • Zoning compliance
  • Homeowner association (HOA) approval (if applicable)

3.2.3. Tax Compliance: Pay all applicable taxes on rental income, including:

  • Income tax on rental earnings
  • Property tax
  • Local occupancy taxes (if applicable)

3.3. Property Safety and Habitability

3.3.1. Habitable Conditions: Ensure the property is safe and habitable, meeting all health and safety codes:

  • Working plumbing, heating, and electricity
  • Safe structure (no hazardous conditions)
  • Adequate ventilation and sanitation
  • Working locks on doors and windows
  • Smoke detectors and carbon monoxide detectors (where required)
  • No mold, lead paint, or other health hazards

3.3.2. Building Codes: Ensure the property complies with local building codes and safety regulations.

3.3.3. Disclosure of Defects: Disclose all known defects, hazards, or issues with the property, including:

  • Structural issues
  • Plumbing or electrical problems
  • Past flooding or water damage
  • Pest infestations
  • Noise issues
  • Environmental hazards (lead, asbestos, radon)

3.4. Accurate Pricing and Fee Disclosure

3.4.1. Clear Pricing: Clearly state:

  • Monthly or weekly rent
  • Security deposit amount
  • Application fees (if any)
  • Additional fees (utilities, parking, cleaning, pet fees, etc.)
  • Late payment penalties

3.4.2. No Hidden Fees: All fees must be disclosed upfront before rental agreements are signed.

3.4.3. Honor Listed Pricing: Honor the rent and fees stated in your listing. Do not change pricing after a renter has expressed interest.

3.5. Lease Agreements

3.5.1. Written Lease: Provide a written lease or rental agreement that complies with local laws.

3.5.2. Lease Terms: Clearly specify:

  • Lease duration
  • Rent amount and due date
  • Security deposit terms
  • Maintenance responsibilities
  • House rules and restrictions
  • Termination and renewal terms

3.5.3. Security Deposits: Handle security deposits according to local law:

  • Place deposits in separate accounts (if required)
  • Provide deposit receipts
  • Return deposits within required timeframes
  • Provide itemized deductions (if applicable)

3.6. Non-Discrimination and Fair Housing

3.6.1. Fair Housing Compliance: Comply with all fair housing laws (see Section 6 for details).

3.6.2. No Discrimination: Do NOT discriminate based on protected characteristics when screening tenants or accepting rental applications.

3.7. Communication and Responsiveness

3.7.1. Respond Promptly: Respond to inquiries from potential renters in a timely manner.

3.7.2. Honesty: Provide honest, accurate information about the property.

3.7.3. Availability: Keep listing availability status up to date. Mark listings as "Rented" or delete them when no longer available.

4. RENTER/SEEKER OBLIGATIONS

Renters/Seekers MUST comply with the following obligations:

4.1. Due Diligence

4.1.1. Research Property: Thoroughly research properties before committing:

  • Search property address online
  • Check reviews or references
  • Verify property ownership or authority of listing owner

4.1.2. Verify Legitimacy: Verify the listing owner's identity and authority:

  • Ask for proof of ownership (deed, property tax records) or property management authorization
  • Confirm subletting permission (if applicable)
  • Be cautious of listings that seem too good to be true

4.1.3. Inspect Property: ALWAYS inspect the property in person before signing a lease or paying any fees:

  • Schedule a viewing
  • Check property conditions
  • Test appliances, plumbing, and utilities
  • Take photos or videos during viewing

4.2. Application and Rental Process

4.2.1. Accurate Information: Provide accurate information on rental applications:

  • Employment and income information
  • Rental history and references
  • Background information (if required)

4.2.2. Read Lease Carefully: Read all lease terms carefully before signing. Ask questions if anything is unclear.

4.2.3. Understand Rights: Understand your tenant rights under local landlord-tenant laws.

4.3. Safety Precautions

4.3.1. Safe Meetings: Meet property owners in safe locations:

  • Schedule viewings during daylight hours
  • Bring a friend or family member
  • Meet at the property (public location)

4.3.2. Protect Personal Information: Do not share sensitive personal information (Social Security number, bank details) until you have verified the legitimacy of the listing and owner.

4.4. Red Flags - When to Walk Away

DO NOT proceed if you encounter these red flags:

❌ Owner refuses to allow in-person viewing ❌ Owner asks for payment before viewing ❌ Owner asks for wire transfer or payment via untraceable methods ❌ Listing price is significantly below market rate ❌ Owner provides fake or stolen property photos ❌ Owner cannot provide proof of ownership or authorization ❌ Owner is located overseas and manages property remotely (common scam) ❌ Property does not match listing description or photos ❌ Owner pressures you to pay immediately without proper documentation

4.5. Reporting

4.5.1. Report Scams: Report suspicious listings or fraudulent activity to DesiWay immediately.

4.5.2. Report Violations: Report listings that violate these Terms or Community Guidelines.

5. LEGAL COMPLIANCE

5.1. Applicable Laws

Users must comply with all applicable laws, including:

  • Landlord-tenant laws
  • Fair housing laws (EU, national, and local)
  • Zoning regulations
  • Short-term rental regulations
  • Building and safety codes
  • Tax laws

5.2. Short-Term Rental Regulations

5.2.1. Compliance Required: If listing short-term rentals (e.g., vacation rentals, Airbnb-style):

  • Check local short-term rental laws
  • Obtain required licenses or permits
  • Register with local authorities (if required)
  • Pay occupancy or tourist taxes

5.2.2. HOA and Lease Restrictions: Comply with homeowner association (HOA) rules and lease restrictions regarding short-term rentals.

5.3. Lease Compliance

5.3.1. Tenant Subletting: If you are a tenant listing a sublet:

  • Review your lease for subletting clauses
  • Obtain written landlord permission
  • Comply with lease restrictions

5.3.2. No Unauthorized Subletting: Do NOT sublet without permission. This may violate your lease and result in eviction.

5.4. Regulatory Compliance and DesiWay's Right to Remove Listings

5.4.1. Changing Legal Landscape: Rental and short-term accommodation laws are subject to change. You are responsible for staying informed about and complying with all current laws and regulations in your jurisdiction.

5.4.2. DesiWay's Right to Remove Properties: DesiWay reserves the right to remove any accommodation listings that violate or may violate local, national, or international laws, including but not limited to:

  • New or amended short-term rental regulations (e.g., registration requirements, operational bans)
  • Zoning law changes
  • Building code violations
  • Health and safety regulation updates
  • Tax compliance requirements
  • Fair housing law changes
  • Court orders or government directives

5.4.3. Regulatory Authority Cooperation: If government authorities, regulatory bodies, or law enforcement agencies notify us that specific listings violate applicable laws, we will:

  • Investigate the reported violations
  • Remove non-compliant listings immediately upon verification
  • Cooperate fully with legal investigations
  • Provide required information to authorities in compliance with:
    • General Data Protection Regulation (GDPR)
    • Data Protection Act 2018 (Ireland)
    • Data minimization principles (only necessary data disclosed)
    • Legal basis requirements (court order, statutory obligation, or public interest)
    • User notification where legally permitted

5.4.4. Examples of Regulatory Changes: Recent examples of regulatory changes affecting accommodation listings include:

  • Spain's short-term rental restrictions in certain cities (2023-2024)
  • EU Platform-to-Business Regulation compliance requirements
  • Local registration and licensing requirement changes
  • Tourist tax implementations and updates

5.4.5. No Liability for Removal: DesiWay shall not be liable for:

  • Removal of listings due to legal compliance requirements
  • Loss of income or bookings resulting from listing removal
  • Changes in law that make your listing illegal or non-compliant
  • Enforcement actions by government authorities

5.4.6. User Notification: Where reasonably possible, we will:

  • Notify affected users before removing listings for regulatory reasons
  • Provide explanation of the legal basis for removal
  • Allow opportunity to provide evidence of compliance (where applicable)
  • However, immediate removal without notice may occur if required by law or court order

5.4.7. User Responsibility: You acknowledge and agree that:

  • You are solely responsible for ensuring your listing complies with all applicable laws
  • Law changes may require you to update or remove your listing
  • DesiWay is not obligated to monitor law changes on your behalf
  • You should regularly review local rental regulations affecting your property

5.5. EU CROSS-BORDER COMPLIANCE FOR SHORT-TERM RENTALS

DesiWay operates across the European Union. Short-term rental laws vary SIGNIFICANTLY by country and city.

Multi-Jurisdictional Compliance: Users listing accommodations must comply with laws in:

  1. Ireland (where DesiWay is established)
  2. The country where the property is located
  3. The city/municipality where the property is located (often stricter than national law)

Examples of Country/City-Specific Regulations:

  • Some cities have total bans on short-term rentals (e.g., certain areas in Barcelona, Amsterdam)
  • Registration/licensing requirements vary (mandatory in some cities, not required in others)
  • Tax obligations differ (tourist tax, VAT, income tax)
  • Maximum rental days per year (e.g., 90 days in some cities, unlimited in others)
  • Neighbor consent requirements (some cities require building approval)

Official Resources:

User Responsibility: DesiWay cannot monitor or advise on all national and local laws across 27 EU countries and thousands of municipalities. Landlords/hosts are solely responsible for:

  • Researching local short-term rental regulations
  • Obtaining required permits/licenses
  • Paying applicable taxes
  • Complying with registration requirements

DesiWay's Compliance Obligation: Under the EU Digital Services Act and EU Short-Term Rental Regulation (2024/1028), DesiWay will remove accommodation listings deemed illegal when notified by competent authorities.

5.6. Platform Data Sharing Obligations (EU Regulation 2024/1028)

Effective Date: May 20, 2026

Applies to: ALL short-term rental listings across the European Union

Under EU Regulation 2024/1028 on short-term accommodation rental data collection, DesiWay is legally required to:

Data Transmission to EU Authorities:

  • Share monthly data on short-term rental activity with competent authorities in ALL EU member states
  • Data transmitted to each country's central digital access point
  • Data shared includes:
    • Host registration numbers (local/national registration IDs)
    • Number of overnight stays
    • Number of guests
    • Listing URLs
    • Activity data per listing

Frequency:

  • Monthly reporting for platforms with 2,500+ active hosts per quarter
  • Quarterly reporting for smaller platforms (micro/small companies)

What This Means for Hosts:

  • If you list short-term rentals ANYWHERE in the EU, your activity data will be shared with that country's authorities
  • This is a legal requirement under EU law - DesiWay has no choice
  • Authorities use data for: tourism statistics, tax compliance, housing policy enforcement
  • Your privacy is protected under GDPR - only necessary data is shared

Your Obligations as a Host:

  • Provide accurate local/national registration numbers for your property
  • Ensure your listing data and activity data is correct
  • Comply with registration requirements in the country where your property is located
  • Update registration numbers if they change

DesiWay's Role:

  • We collect and transmit data as required by EU law
  • We do NOT verify registration numbers (that's the government's role)
  • We may request registration numbers to comply with this regulation

5.7. EU-Wide Short-Term Rental Registration Requirements

IMPORTANT: Registration requirements vary by EU country and city

Many EU countries require short-term rental hosts to register with local/national authorities and obtain registration numbers. These numbers MUST be displayed in listings.

Country-Specific Examples (Not Exhaustive):

Ireland:

  • Fáilte Ireland Registration required for short-term tourist lettings (especially in rent pressure zones)
  • Registration number must be displayed in listings
  • Penalties: €300 fixed fine, up to €5,000 in court
  • Register at: https://www.failteireland.ie/short-term-letting
  • RTB Registration required for long-term rentals (within 30 days)
  • Register at: https://www.rtb.ie

France:

  • Declaration Number (Numéro de déclaration) required in many cities (Paris, Nice, Lyon, etc.)
  • Must register with local city hall (mairie)
  • 120-day annual limit in Paris (primary residence)
  • Contact local mairie for registration

Germany:

  • Registration Number required in Berlin, Munich, Hamburg, and other cities
  • Berlin: Requires registration number (Registrierungsnummer)
  • Contact local housing authority (Bezirksamt)

Spain:

  • Tourist License (Licencia turística) required in most regions
  • Barcelona, Madrid, Valencia: Strict registration requirements
  • Many areas have total bans or severe restrictions
  • Contact local tourism authority

Portugal:

Italy:

  • CIR Code (Codice Identificativo Regionale) or similar required in most regions
  • Venice, Rome, Florence: Registration mandatory
  • Contact local tourism office

Netherlands:

  • Registration Number required in Amsterdam and other cities
  • Amsterdam: 30-day annual limit (primary residence)
  • Register with local municipality

Austria:

  • Registration required in Vienna and other cities
  • Contact local tourism authority

Other EU Countries:

  • Belgium, Greece, Croatia, Czech Republic, and others have varying requirements
  • ALWAYS check local regulations before listing

Host Responsibility:

  • Research registration requirements for YOUR specific country/city
  • Obtain required registration numbers BEFORE listing
  • Display registration numbers prominently in your listing
  • Keep registration current and renewed

DesiWay Platform Policy:

  • DesiWay reserves the right to require registration numbers for short-term rentals
  • We may request proof of registration numbers
  • Listings without required registration numbers may be removed (when required by local law)
  • This is to comply with EU Regulation 2024/1028 and national laws

Official EU Resources:

How to Find Your Country's Requirements:

  1. Search: "[Your City] short-term rental registration"
  2. Contact local tourism office or city hall
  3. Check national tourism authority website
  4. Consult local property management professionals

Penalties for Non-Registration:

  • Penalties vary by country: fines from hundreds to thousands of euros
  • Possible listing removal by authorities
  • Tax penalties
  • Legal action by local governments

DesiWay Cannot:

  • Provide legal advice on registration requirements
  • Monitor registration compliance in all EU countries
  • Verify registration numbers (this is done by national authorities)

DesiWay Will:

  • Remove listings when notified by authorities that registration is missing/invalid
  • Share required data with EU authorities as required by Regulation 2024/1028
  • Request registration numbers when required by law

6. FAIR HOUSING AND NON-DISCRIMINATION (EU/IRISH LAW)

6.1. Applicable Fair Housing Laws

DesiWay operates in Ireland and serves EU users. All accommodation listings must comply with:

Ireland:

  • Equal Status Acts 2000-2018 - Prohibits discrimination in provision of goods and services, including housing
  • Residential Tenancies Act 2004 (as amended) - Governs landlord-tenant relationships

European Union:

  • Racial Equality Directive (2000/43/EC) - Prohibits discrimination based on race or ethnic origin
  • Gender Equality Directive (2004/113/EC) - Prohibits discrimination based on gender in services

Enforcement Authority (Ireland):

6.2. Protected Characteristics (Ireland & EU)

Under Irish Equal Status Acts, discrimination is prohibited based on:

  1. Gender - Men, women, and transgender persons
  2. Civil Status - Single, married, divorced, widowed, separated, civil partnership
  3. Family Status - Pregnant women, parents, persons with custody of children
  4. Sexual Orientation - Lesbian, gay, bisexual, heterosexual
  5. Religion - Different religious beliefs or none
  6. Age - All age groups (exceptions for retirement/student housing)
  7. Disability - Physical, intellectual, learning, mental health, or sensory disabilities
  8. Race - Includes color, nationality, ethnic or national origin
  9. Membership of the Traveller Community - Irish Travellers (Ireland-specific protected ground)

EU Additional Protections:

  • Ethnic origin
  • National origin

6.3. Prohibited Discriminatory Practices

Listing Owners MUST NOT:

6.3.1. Refuse to Rent: Refuse accommodation based on any protected characteristic.

6.3.2. Different Terms: Offer different rental terms, conditions, prices, or availability based on protected characteristics.

6.3.3. Discriminatory Statements in Listings:

Prohibited Language Examples:

❌ Race/Nationality:

  • "Irish nationals only"
  • "No foreigners"
  • "Europeans only"
  • "Locals preferred"
  • "No Travellers" (discrimination against Traveller community)

❌ Family Status:

  • "No children"
  • "Adults only" (unless retirement housing)
  • "No babies"
  • "Couples without children preferred"

❌ Religion:

  • "Christians only"
  • "Muslims preferred"
  • "No religious requirements"

❌ Gender/Sexual Orientation:

  • "Females only" (except shared accommodation - see exceptions)
  • "Males only" (except shared accommodation - see exceptions)
  • "Heterosexual tenants only"
  • "LGBTQ+ not welcome"

❌ Disability:

  • "No wheelchair users"
  • "Physically able tenants only"
  • "Must be able to climb stairs" (without reasonable accommodation consideration)

❌ Age:

  • "Young professionals only" (age discrimination)
  • "No seniors"
  • "Under 30 preferred"

6.3.4. Discriminatory Advertising: Target or exclude potential tenants based on protected characteristics.

6.3.5. Discriminatory Screening: Use discriminatory criteria in tenant screening, background checks, or reference requirements.

6.3.6. Harassment: Harass tenants or applicants based on protected characteristics.

6.4. Exceptions for Shared Accommodation (Irish Law)

Limited Exceptions Under Equal Status Acts:

6.4.1. Owner-Occupied Shared Housing: If the property owner lives in the property and shares living space (kitchen, bathroom) with tenants:

  • May specify gender preference: "Female roommate wanted" or "Male roommate wanted"
  • Only applies to shared living spaces (not separate apartments in same building)
  • Does NOT permit discrimination based on race, religion, disability, Traveller status, or other grounds

6.4.2. Religious or Educational Institutions: Housing provided by religious or educational institutions may have limited exceptions related to their mission (subject to Irish law).

Important: Even with exceptions, discriminatory harassment or treatment is NEVER permitted.

6.5. Reasonable Accommodation for Disabilities

Legal Requirement (Irish Disability Act 2005, Equal Status Acts):

6.5.1. Duty to Accommodate: Landlords must make reasonable accommodations for tenants with disabilities unless it causes undue hardship.

Examples of Reasonable Accommodations:

  • ✅ Allowing service animals or emotional support animals (even with "no pets" policy)
  • ✅ Installing grab bars in bathrooms
  • ✅ Providing accessible parking spaces
  • ✅ Modifying payment or application procedures
  • ✅ Allowing wheelchair ramps or accessibility modifications

6.5.2. Accessibility: Properties should be made accessible where reasonably possible.

6.5.3. Cannot Charge Extra: Cannot charge additional fees or deposits for disability accommodations (except actual costs of modifications with tenant agreement).

6.6. Enforcement and Penalties

How to Report Discrimination (Ireland):

Workplace Relations Commission (WRC):

  • Complaint Form: Available at https://www.workplacerelations.ie
  • Phone: +353 1 613 6700 (Adjudication)
  • Address: O'Brien Road, Carlow, R93 E920, Ireland
  • Timeline: Complaints must be filed within 6 months of discrimination (extendable to 12 months in exceptional circumstances)

Irish Human Rights and Equality Commission (IHREC):

  • Provides information and legal assistance
  • Website: https://www.ihrec.ie
  • Phone: +353 1 858 9601
  • Address: 16-22 Green Street, Dublin 7, D07 CR20

Penalties for Discrimination:

  • Compensation: Up to €15,000 awarded to victim
  • Listing Removal: DesiWay will remove discriminatory listings
  • Account Suspension: Violators may be banned from platform
  • Criminal Prosecution: Serious discrimination may result in criminal charges

6.7. DesiWay's Role in Fair Housing

Content Moderation:

  • We proactively monitor listings for discriminatory language
  • Automated filters detect prohibited terms
  • User reports of discrimination are prioritized
  • Discriminatory listings are removed immediately

Reporting Discrimination on DesiWay:

  1. In-App Report: Use "Report" button on listing
  2. Email: [email protected]
  3. Include: Listing ID, description of discrimination, screenshots

Response: Reports reviewed without undue delay, prioritized by severity. Confirmed discriminatory listings are removed promptly. Response timeframes typically within 2-3 business days, with urgent cases prioritized.

No Tolerance: DesiWay has zero tolerance for housing discrimination. Violations result in immediate listing removal and account suspension or termination.

7. SAFETY AND SECURITY

7.1. Property Security

7.1.1. Secure Locks: Ensure properties have working locks on all exterior doors and windows.

7.1.2. Security Deposits: Handle security deposits securely and in compliance with law.

7.2. In-Person Meetings

7.2.1. Safe Locations: Always meet at the property during viewings. Do not meet in isolated or unsafe locations.

7.2.2. Daytime Viewings: Schedule viewings during daylight hours when possible.

7.2.3. Bring a Friend: Renters should bring a trusted friend or family member to viewings.

7.3. Personal Safety

7.3.1. Trust Instincts: If something feels unsafe or suspicious, leave immediately and report to DesiWay.

7.3.2. Verify Identity: Verify the identity of the person you are meeting.

7.3.3. Keep Communication On-Platform: Keep initial communication through DesiWay messaging until trust is established.

8. TRANSACTIONS AND PAYMENTS

8.1. Current Status: Off-Platform Transactions

Currently, all rental agreements and payments occur directly between Listing Owners and Renters.

DesiWay currently does NOT:

  • Process rent payments or hold security deposits
  • Facilitate lease agreements or act as payment intermediary
  • Mediate disputes or enforce rental agreements
  • Verify property ownership or tenant creditworthiness

Users are responsible for:

  • Conducting their own due diligence on properties and parties
  • Negotiating rental terms and signing lease agreements
  • Processing all payments (rent, deposits, fees) directly
  • Resolving any disputes directly with the other party
  • Complying with all applicable landlord-tenant laws

8.1.3. Future Payment Services (Optional When Available)

DesiWay may introduce optional payment processing services in the future, including but not limited to:

Potential Payment Features:

  • Escrow Services: Secure holding of deposits and rent payments
  • Listing Boosts: Paid promotion to increase listing visibility
  • Premium Features: Subscription services for enhanced listing management
  • Advertisement Campaigns: Paid marketing for property listings
  • Secure Payment Processing: Transaction facilitation between users

Separate Payment Terms Apply: All payments processed through DesiWay will be governed by our separate DesiWay Payment Terms and Conditions ("Payment Terms"), which will be available at:

  • URL: desiway.in/payment-terms
  • Incorporation by Reference: Payment Terms are legally binding and incorporated into these Accommodation Terms by reference
  • Notification: Users will be notified when payment services become available

Key Points:

  • Payment services are entirely optional - users may continue transacting directly off-platform
  • Payment Terms will cover: fees, refunds, disputes, chargebacks, liability, payment processor relationships, and regulatory compliance
  • By using any DesiWay payment service, you agree to the Payment Terms in addition to these Accommodation Terms
  • Payment-related liability and disputes will be governed exclusively by the Payment Terms

User Choice: Introduction of payment services does not require users to use them. Direct user-to-user transactions will remain permitted.

8.2. Payment Safety (For Off-Platform Transactions)

8.2.1. Secure Payment Methods: Use secure, traceable payment methods:

  • ✅ Bank transfer (with receipt)
  • ✅ Check (with receipt)
  • ✅ Cash (with signed receipt)
  • ✅ Payment apps (Venmo, PayPal, etc.) with protection

8.2.2. Avoid Risky Payment Methods:

  • ❌ Wire transfers to unknown parties
  • ❌ Cryptocurrency (no fraud protection)
  • ❌ Money orders to strangers
  • ❌ Cash without receipt

8.2.3. Payment Timing:

  • DO NOT pay rent or deposits before viewing the property
  • DO NOT pay application fees before verifying legitimacy
  • DO obtain signed receipts for all payments

8.3. Scam Prevention

Common Rental Scams:

❌ "Overseas landlord" scam: Owner claims to be abroad, cannot show property, asks for payment via wire transfer ❌ "Too good to be true" pricing: Rent significantly below market rate to lure victims ❌ "Fake listing" scam: Scammer steals photos from other listings ❌ "Application fee" scam: Fake landlord collects application fees from multiple people ❌ "Deposit upfront" scam: Demands deposit before viewing or signing lease

How to Avoid Scams: ✅ Always view property in person ✅ Verify owner identity and authority ✅ Research property address online ✅ Use reverse image search to check if photos are stolen ✅ Never wire money to strangers ✅ Get written lease before paying

9. PROHIBITED LISTINGS AND ACTIVITIES

The following are strictly prohibited:

9.1. Fraudulent Listings

  • Fake or non-existent properties
  • Listings for properties you do not own or have authority to list
  • Using stolen photos or false property descriptions
  • Bait-and-switch tactics (advertising one property, showing another)

9.2. Illegal Rentals

  • Illegal subletting (without landlord permission)
  • Unauthorized short-term rentals (violating local laws or lease terms)
  • Renting properties without proper permits or licenses
  • Evading taxes on rental income

9.3. Unsafe or Uninhabitable Properties

  • Properties with serious safety hazards (structural damage, mold, lead paint)
  • Properties that do not meet habitability standards
  • Properties with undisclosed defects

9.4. Discriminatory Listings

  • Listings with discriminatory language or preferences (see Section 6)
  • Refusing to rent based on protected characteristics

9.5. Scams and Fraud

  • Collecting application fees or deposits with no intention to rent
  • Impersonating property owners
  • Phishing for personal information
  • Running rental scams

10. LIABILITY AND DISCLAIMERS

CONSUMER RIGHTS PROTECTED: Nothing in these Terms excludes or limits your statutory rights as a consumer under Irish or EU law, including rights under the Consumer Rights Act 2022 (Ireland) and EU Consumer Rights Directive. You retain all legal remedies available under applicable consumer protection legislation.

10.1. DesiWay Disclaimer of Liability

DESIWAY IS NOT LIABLE FOR:

10.1.1. Property Safety and Habitability:

  • Property conditions, safety, or habitability
  • Undisclosed defects or hazards
  • Injuries or harm occurring on properties
  • Property damage

10.1.2. Rental Scams and Fraud:

  • Fraudulent listings or fake properties
  • Scammers impersonating property owners
  • Loss of rent, deposits, or application fees due to scams

10.1.3. Disputes:

  • Disputes between landlords and tenants
  • Breach of lease agreements
  • Non-payment of rent
  • Eviction proceedings

10.1.4. Legal Issues:

  • Violations of landlord-tenant laws
  • Fair housing violations
  • Zoning or permit violations
  • Tax evasion

10.1.5. Financial Loss:

  • Loss of rent or deposits
  • Property damage caused by tenants
  • Lost income due to vacancy

10.2. No Property Verification

10.2.1. No Verification: DesiWay does NOT:

  • Verify property ownership or legal authority of listing owners
  • Inspect properties
  • Confirm property safety or habitability
  • Conduct background checks on landlords or tenants

10.2.2. User Responsibility: Users are solely responsible for verifying property legitimacy, safety, and legality.

10.3. User Assumption of Risk

10.3.1. Voluntary Use: By using the Accommodation Service, you acknowledge and agree that:

  • Use is entirely voluntary
  • You assume all risks associated with listing or renting properties
  • You are responsible for verifying property information

10.3.2. Listing Owner Risk: Listing Owners acknowledge that:

  • They are solely responsible for their properties
  • They assume all legal and financial risks of renting
  • DesiWay is not a property manager or co-owner

10.3.3. Renter Risk: Renters acknowledge that:

  • They are responsible for inspecting properties before renting
  • They assume risk of rental scams or fraud
  • DesiWay is not a party to rental agreements

10.4. No Warranties

DesiWay provides the Accommodation Service "AS IS" without warranties regarding:

  • Accuracy of listings
  • Property safety or legality
  • Reliability or trustworthiness of users
  • Successful rental transactions

10.5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY IRISH AND EU LAW, DESIWAY DISCLAIMS ALL LIABILITY FOR ANY CLAIMS, DAMAGES, LOSSES, OR EXPENSES ARISING FROM OR RELATED TO THE ACCOMMODATION SERVICE.

Legal Exclusions: This limitation of liability does NOT apply to and DesiWay cannot exclude liability for:

  • Death or personal injury caused by DesiWay's negligence or gross negligence
  • Fraud or fraudulent misrepresentation by DesiWay
  • Any liability that cannot be excluded or limited under Irish or EU law
  • Breach of statutory consumer rights under the Consumer Rights Act 2022 (Ireland) or EU Consumer Rights Directive

Scope of Disclaimer: Subject to the above legal exclusions, DesiWay is NOT liable for:

  • Property safety, habitability, or condition
  • Rental scams, fraud, or financial losses
  • Disputes between landlords and tenants
  • User conduct or breach of rental agreements
  • Accuracy of listings or user representations
  • Loss of income, bookings, deposits, or rent
  • Indirect, consequential, or special damages

Payment Services Liability: If DesiWay introduces payment processing services in the future, liability for payment-related claims will be governed exclusively by the separate DesiWay Payment Terms and Conditions.

11. DISPUTE RESOLUTION

11.1. User-to-User Disputes

11.1.1. Direct Resolution: Users are encouraged to resolve disputes (rent, deposits, property conditions) directly through communication or mediation.

11.1.2. Legal Action: If disputes cannot be resolved, users may pursue legal remedies (small claims court, landlord-tenant court) according to local law.

11.1.3. DesiWay Not Obligated: DesiWay is NOT obligated to mediate, arbitrate, or resolve disputes between landlords and tenants.

11.2. Reporting Disputes

Users may report serious disputes or violations to DesiWay for potential enforcement action (content removal, account suspension).

12. ENFORCEMENT

12.1. Violation Reporting

Users must report violations of these Accommodation Terms by:

12.2. Enforcement Actions

Violations may result in:

  • Listing removal
  • Account warnings
  • Temporary suspension
  • Permanent account termination
  • Reporting to law enforcement (for scams or illegal activity)

12.3. Severe Violations

Severe violations (rental scams, fraud, fair housing violations) will result in:

  • Immediate account termination
  • Reporting to law enforcement authorities
  • Cooperation with investigations

12.4. Platform Integrity Monitoring (Test Listings)

To maintain platform safety and protect our community from scams, fraud, and spam, DesiWay employs proactive integrity monitoring measures.

12.4.1. Test Listings: DesiWay may periodically publish controlled test listings (also known as integrity check listings) within the Accommodation Service. These listings are created and managed by the DesiWay platform team for the sole purpose of:

  • Detecting and identifying fraudulent users, scammers, and spammers
  • Monitoring the quality and safety of user interactions on the platform
  • Evaluating the effectiveness of platform safety measures
  • Identifying patterns of abuse, phishing attempts, or other malicious behavior
  • Ensuring compliance with these Accommodation Terms and Community Guidelines

12.4.2. How Test Listings Work:

  • Test listings are designed to appear as regular accommodation listings
  • They do not represent actual properties available for rent
  • No real rental transactions will occur through test listings
  • Test listings are monitored by the DesiWay platform team
  • Users who engage in fraudulent, abusive, or deceptive behavior in response to test listings may face enforcement actions as described in Sections 12.2 and 12.3

12.4.3. Purpose and Legal Basis:

  • Test listings serve a legitimate interest in maintaining platform integrity and protecting users from fraud (GDPR Article 6(1)(f))
  • This practice is comparable to industry-standard quality assurance and mystery shopping techniques used by platforms to ensure safety
  • DesiWay does not use test listings to entrap, harass, or target any specific individual or group
  • Test listings comply with all applicable fair housing and non-discrimination laws (Section 6)

12.4.4. Data Processing:

  • Interactions with test listings may be monitored and recorded for fraud detection purposes
  • Data collected through integrity monitoring is processed in accordance with our Privacy Policy
  • Personal data is only used for enforcement purposes and is not shared with third parties except as required by law

12.4.5. User Acknowledgment: By using the Accommodation Service, you acknowledge that DesiWay may use test listings as part of its platform integrity measures. Users who act in good faith and comply with these Terms have nothing to be concerned about. These measures exist solely to protect the community from bad actors.

FINAL ACKNOWLEDGMENT

BY USING THE ACCOMMODATION SERVICE, YOU ACKNOWLEDGE AND AGREE THAT:

  1. DesiWay is a listings platform and not a property manager, landlord, or real estate agent.
  2. You are solely responsible for your property listings or rental agreements.
  3. DesiWay does not verify properties, ownership, or user identity.
  4. You assume all risks associated with listing or renting properties.
  5. You will comply with all applicable laws (landlord-tenant, fair housing, tax, zoning).
  6. DesiWay is not liable for property safety, scams, fraud, or disputes.

If you do not agree, do not use the Accommodation Service.

END OF ACCOMMODATION TERMS