Last Updated: January 29, 2012
Airbnb, Inc. (hereafter referred to as "Airbnb", "we", "us", or "our") provides an online platform that connects hosts who have accommodations to rent with guests seeking to rent such accommodations (collectively, the “Services”), which Services are accessible at www.airbnb.com and any other websites through which Airbnb makes the Services available (collectively, the “Site”) and as an application for mobile devices (the “Application”). By using the Site and Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and your participation in the Referral Program (defined below), and constitute a binding legal agreement between you and Airbnb. Please read carefully these Terms and our Privacy Policy, which may be found at http://www.airbnb.com/terms, and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Application. Failure to use the Site and Application in accordance with these Terms may subject you to civil and criminal penalties.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH HOSTS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR ACCOMMODATIONS (DEFINED BELOW) AND GUESTS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK ACCOMMODATIONS. YOU UNDERSTAND AND AGREE THAT AIRBNB IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, NOR IS AIRBNB A REAL ESTATE BROKER, AGENT OR INSURER. AIRBNB HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY ACCOMMODATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
Key Terms
“Airbnb Content” means all Content that Airbnb makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
“Collective Content” means Member Content and Airbnb Content.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Guest” means a Member who requests a booking of an Accommodation via the Site, Application or Services, or a Member who stays at an Accommodation and is not the Host for such Accommodation.
“Host” means a Member who creates a Listing via the Site, Application and Services.
“Listing” means an Accommodation that is listed by a Host as available for rental via the Site, Application, and Services.
“Member” means a person who completes Airbnb’s account registration process, including, but not limited to Hosts and Guests, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, OR BY PARTICIPATING IN THE REFERRAL PROGRAM, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR TO PARTICIPATE IN THE REFERRAL PROGRAM. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Modification
Airbnb reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
Eligibility
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
How the Site, Application and Services Work
The Site, Application and Services can be used to facilitate the listing and booking of residential and other properties (“Accommodations”). Such Accommodations are included in Listings on the Site, Application and Services by Hosts. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book an Accommodation or create a Listing, you must first register to create an Airbnb Account (defined below).
As stated above, Airbnb makes available a platform or marketplace with related technology for Guests and Hosts to meet online and arrange for bookings of Accommodations. Airbnb is not an owner or operator of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations, nor is it a provider of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations and Airbnb does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations or transportation or travel services and Airbnb’s role is solely to facilitate the availability of the Site, Application and Services. Similarly, Airbnb is not a contracting agent or representative of any Host. Instead, Airbnb’s role is solely to facilitate the availability of the Site, Application and Services for Members and to provide services related thereto.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF ACCOMMODATIONS. AIRBNB CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACCOMMODATIONS. AIRBNB IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ACCOMMODATIONS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE GUEST’S OWN RISK.
Account Registration
In order to access certain features of the Site and Application, and to book an Accommodation or create a Listing, you must register to create an account (“Airbnb Account”) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”, via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Airbnb Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Airbnb through the Site, Services or Application; or (ii) allowing Airbnb to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Airbnb and/or grant Airbnb access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Airbnb to pay any fees or making Airbnb subject to any usage limitations imposed by such third party service providers. By granting Airbnb access to any Third Party Accounts, you understand that Airbnb will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Site, Services and Application via your Airbnb Account and Airbnb Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Airbnb Account on the Site, Services and Application. Please note that if a Third Party Account or associated service becomes unavailable or Airbnb’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Airbnb Account and your Third Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Airbnb makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Airbnb is not responsible for any SNS Content.
We will create your Airbnb Account and your Airbnb Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Airbnb Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Airbnb reserves the right to suspend or terminate your Airbnb Account and your access to the Site, Application and Services if you create more than one (1) Airbnb Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Airbnb Account, whether or not you have authorized such activities or actions. You will immediately notify Airbnb of any unauthorized use of your Airbnb Account.
Accommodation Listings
As a Member, you may create Listings. To this end, you will be asked a variety of questions about the Accommodation to be listed, including, but not limited to, the location, capacity, size, features, availability of the Accommodation and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Accommodations must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. Other Members will be able to book your Accommodation via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that once a Guest requests a booking of your Accommodation, the price for such booking may not be altered.
You acknowledge and agree that you are solely responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Guest stay at, an Accommodation in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Accommodation included in a Listing you post, including, but not limited to, zoning laws and laws governing rentals of residential and other properties and (b) not conflict with the rights of third parties. Please note that Airbnb assumes no responsibility for a Host’s compliance with any applicable laws, rules and regulations.
You understand and agree that Airbnb does not act as an insurer or as a contracting agent for, or representative of, you as a Host, and if a Guest requests a booking of your Accommodation and stays at your Accommodation, any agreement you enter into with such Guest is between you and the Guest and Airbnb is not a party thereto. Please note that Airbnb reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Airbnb, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Accommodation, including, but not limited to, requiring Members to have a profile picture or verified phone number, in order to book your Accommodation. Any Member wishing to book Accommodations included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the “Hosting” section of the Site, Application and Services.
If you are a Host, Airbnb makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your Accommodation. You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Accommodation, if applicable.)
Airbnb recommends that Hosts obtain appropriate insurance for their Accommodations. Please review any insurance policy that you may have for your Accommodation carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest invites to the Accommodation, if applicable) while at your Accommodation.
No Endorsement
Airbnb does not endorse any Members or any Accommodations. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services. Except as provided in the Airbnb Host Guarantee Terms and Conditions (“Airbnb Host Guarantee”), which is an agreement between Airbnb and Hosts, we will not be responsible for any damage or harm resulting from your interactions with other Members. (Please see Airbnb’s Host Guarantee Terms and Conditions at www.airbnb.com/terms for information about the Airbnb Host Guarantee.) By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Airbnb with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you.
Bookings and Financial Terms
Bookings and Financial Terms for Hosts
If you are a Host and a booking is requested for your Accommodation via the Site, Application and Services, you will be required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Airbnb in its sole discretion) or the booking request will be automatically cancelled. When a booking is requested via the Site, Application and Services, we will share with you (i) the first and last name of the Guest who has requested the booking, (ii) a link to the Guest’s Airbnb Account profile page, (iii) the names of any members of an SNS with whom you are “friends” or associated on the SNS if such individuals are also “friends” or associated with the Guest on such SNS, and (iv) an indication that the name that the Guest provided to Airbnb when the Guest became a Member matches the name that the Guest provided to the SNSs to which the Guest has linked his or her Airbnb Account, so that you can view such information before confirming or rejecting the booking. If you are unable to confirm or decide to reject a booking of an Accommodation within such 24 hour period, any amounts collected by Airbnb for the requested booking will be refunded to the applicable Guest’s credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Guest, Airbnb will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.
The fees displayed in each Listing are comprised of the Accommodation Fees (defined below) and the Guest Fees (defined below.) Where applicable, Taxes may be charged in addition to the Accommodation Fees and Guest Fees. The Accommodation Fees, the Guest Fees and applicable Taxes are collectively referred to in these Terms as the “Total Fees”. The amounts due and payable by a Guest solely relating to a Host’s Accommodation are the “Accommodation Fees”. Please note that it is the Host and not Airbnb which determines the Accommodation Fees. The Accommodation Fee may include a cleaning fee, at the Host’s discretion. Airbnb charges a fee to Guests based upon a percentage of applicable Accommodation Fees which are the “Guest Fees”. The Guest Fees are added to the Accommodation Fees to calculate the Total Fees (which will also include applicable Taxes) displayed in the applicable Listing. Airbnb will collect the Total Fees at the time of booking confirmation (i.e. when the Host confirms the booking within 24 hours of the booking request) and will remit the Accommodation Fees (less Airbnb’s Host Fees (defined below)) to the Host within 24 hours of when the Guest arrives at the applicable Accommodation.
Please note that Airbnb does not currently charge fees for the creation of Listings. However, you acknowledge and agree that Airbnb reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that Airbnb will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.
Bookings and Financial Terms for Guests
The Hosts, not Airbnb, are solely responsible for honoring any confirmed bookings and making available any Accommodations reserved through the Site, Application and Services. If you, as a Guest, choose to enter into a transaction with a Host for the booking of an Accommodation, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by the Host. You acknowledge and agree that you, and not Airbnb, will be responsible for performing the obligations of any such agreements, and Airbnb is not a party to such agreements and disclaims all liability arising from or related to any such agreements.
Listings for Accommodations will specify the Total Fees. As noted above, the Host is required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Airbnb in its sole discretion) or the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Host), any amounts collected by Airbnb will be refunded to such Guest, depending on the selections the Guest makes via the Site and Application, and any pre-authorization of such Guest’s credit card will be released, if applicable.
You agree to pay Airbnb for the Total Fees for any booking requested in connection with your Airbnb Account if such requested bookings are confirmed by the applicable Host. In order to establish a booking pending the applicable Host’s confirmation of your requested booking, you understand and agree that Airbnb reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting ( e.g. one euro or one British pound) to verify your credit card. Once Airbnb receives confirmation of your booking from the applicable Host, Airbnb will collect the Total Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing. Please note that Airbnb cannot control any fees that may be charged to a Guest by his or her bank related to Airbnb’s collection of the Total Fees, and Airbnb disclaims all liability in this regard.
In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to Airbnb or its third party payment processor. You agree to pay Airbnb for any confirmed bookings made in connection with your Airbnb Account in accordance with these Terms by one of the methods described on the Site or Application – e.g. by PayPal or credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by Airbnb or indirectly, via a third party online payment processor or by one of the payment methods described on the Site or Application. You also authorize Airbnb to charge your credit card in the event of damage caused at an Accommodation as contemplated under “Damage to Accommodations” below and for Security Deposits, if applicable. If you are directed to Airbnb’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.
Security Deposits
Hosts may choose to include security deposits in their Listings (“Security Deposits”). Each Listing will describe whether a Security Deposit is required for the applicable Accommodation. If a Security Deposit is included in a Listing for a confirmed booking of Accommodation, Airbnb will use its commercially reasonable efforts to obtain a pre-authorization of the Guest’s credit card in the amount the Host determines for the Security Deposit within a reasonable time prior to the Guest’s check-in at the applicable Host’s Accommodation. Airbnb will also use its commercially reasonable efforts to address Hosts’ requests and claims related to Security Deposits, but Airbnb is not responsible for administering or accepting any claims by Hosts related to Security Deposits, and disclaims any and all liability in this regard.
Service Fees
In consideration for providing the Services, Airbnb collects service fees from Hosts and Guests (“Service Fees”). Service Fees are made up of two (2) components: (i) Guest Fees and (ii) a fee that is charged to the Host based upon a percentage of the amount of the Accommodation Fees (“Host Fees”). Where applicable, Taxes may also be charged in addition to the Host Fees. Host Fees are deducted from the Accommodation Fees before remitting the Accommodation Fees to the Host, within 24 hours of when the Guest arrives at the applicable Accommodation. Guest Fees are, as noted above, included in the Total Fees.
Balances will be remitted to Hosts via check, PayPal, direct deposit or other payment methods described on the Site or via the Application, in the Host’s currency of choice, depending upon the selections the Host makes via the Site, Application and Services. Please note that for any payments by Airbnb in currencies other than U.S. dollars, Airbnb may deduct foreign currency processing costs from such payments. More information on foreign currency processing cost deductions will be available via the Site and Application. More information on Services Fees can be found at http://www.airbnb.com/help/topic/hosting. Except as otherwise provided herein, Service Fees are non-refundable.
General Booking and Financial Terms
Cancellations and Refunds
If, as a Guest, you cancel your requested booking before the requested booking is confirmed by a Host, Airbnb will refund any Accommodation Fees and any Guest Fees collected for such requested booking within a commercially reasonable time. If, as a Guest, you wish to cancel a confirmed booking made via the Site, Application and Services, the cancellation policy of the Host contained in the applicable Listing will apply to such cancellation.
If a Host cancels a confirmed booking made via the Site, Services, and Application, (i) Airbnb will refund the Total Fees for such booking to the applicable Guest within a commercially reasonable time of the cancellation and (ii) the Guest will receive an email or other communication from Airbnb containing alternative Listings and other related information. If the Guest requests a booking from one of the alternative Listings and the Host associated with such alternative Listing confirms the Guest’s requested booking, then the Guest agrees to pay Airbnb the Total Fees relating to the confirmed booking for the Accommodation in the alternative Listing, in accordance with these Terms. If a Host cancelled a confirmed booking and you, as a Guest, have not received an email or other communication from Airbnb, please contact Airbnb at http://www.airbnb.com/home/contact.
Recurring Payments
In some instances, Guests may be required to make recurring, incremental payments toward the Total Fees owed for a confirmed booking before beginning his or her stay at the applicable Accommodation (collectively, “Recurring Payments”). More information on Recurring Payments will be made available via the Site, Application and Services, if applicable. If Recurring Payments apply to your payment obligations for Total Fees owed for a confirmed booking, you authorize Airbnb to collect the Total Fees in the increments and at the frequency associated with the applicable Recurring Payments, identified on the Site, Application and Services.
Donations
Some Hosts may pledge to donate a portion of the funds they receive from confirmed bookings made via the Site, Application and Services to a particular cause or charity. We do not control, and will not take any responsibility or liability for, whether the Host does in fact make the donation he or she pledged to make.
Taxes
IRS regulation, regarding federal tax reporting requirements, stipulates that Airbnb must collect IRS Form W-9 from all property owners in the United States. You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Airbnb cannot and does not offer Tax-related advice to any Members of the Site, Application and Services. Additionally, please note that each Host is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings. Where applicable, or based upon request from a Host, Airbnb may issue a valid VAT invoice to such Host.
Foreign Currency
As part of the Services, Airbnb provides a feature through which Members may view Total Fees for various Listings in foreign currencies. You understand and agree that these views of Total Fees are for informational purposes only and are not the official Total Fees for the Listings. If you (as a Guest) request a booking, you will be notified of the currency in which you will be charged together with the corresponding amount of Total Fees, if your booking is confirmed by a Host. The currency in which you will be charged will be determined by Airbnb based on the payment method you select and the location of the Accommodation in the Listing you are booking. If the currency in which you will be charged is different from the currency chosen by the Host to receive payment, Airbnb will be responsible for the required currency conversion processing, including the costs thereof, which will be calculated based on the most current applicable foreign exchange rate that Airbnb has uploaded to the Site as of the date and time that your booking is confirmed (the “Applicable Exchange Rate”). You acknowledge that the Applicable Exchange Rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs because: (i)although Airbnb updates the Applicable Exchange Rate on a regular basis, it does not update such rate on a real-time basis; and (ii) the Applicable Exchange Rate may include an incremental cost or margin that is not included in the applicable market rate. For the avoidance of doubt, Airbnb will retain any profits (and will bear any losses) that result from such currency conversion processing due to changes in the applicable foreign exchange rate between the date your booking is confirmed and the date Airbnb makes payment to a Host.
Damage to Accommodations
As a Guest, you are responsible for leaving the Accommodation in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to, the Accommodation. In the event that a Host claims otherwise and provides evidence of damage, including but not limited to, photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your Airbnb Account. Airbnb also reserves the right to charge the credit card on file in your Airbnb Account, or otherwise collect payment from you and pursue any avenues available to Airbnb in this regard, including using Security Deposits, in situations in which you have been determined, in Airbnb’s sole discretion, to have damaged any Accommodation, including, but not limited to, in relation to any payment requests made by Hosts under the Airbnb Host Guarantee, and in relation to any payments made by Airbnb to Hosts. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Accommodation to the applicable Host or to Airbnb (if applicable).
Both Guests and Hosts agree to cooperate with and assist Airbnb in good faith, and to provide Airbnb with such information and take such actions as may be reasonably requested by Airbnb, in connection with any complaints or claims made by Members relating to Accommodations or any personal or other property located at an Accommodation (including, without limitation, payment requests made under the Airbnb Host Guarantee) or with respect to any investigation undertaken by Airbnb or a representative of Airbnb regarding use or abuse of the Site, Application or the Services. If you are a Guest, upon Airbnb’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Host, at no cost to you, which process will be conducted by Airbnb or a third party selected by Airbnb, with respect to losses for which the Host is requesting payment from Airbnb under the Airbnb Host Guarantee.
If you are a Guest, you understand and agree that Airbnb reserves the right, in its sole discretion, to make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused or been responsible for to an Accommodation or any personal or other property located at an Accommodation (including amounts paid by Airbnb under the Airbnb Host Guarantee.) You agree to cooperate with and assist Airbnb in good faith, and to provide Airbnb with such information as may be reasonably requested by Airbnb in order to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as Airbnb may reasonably request to assist Airbnb in accomplishing the foregoing.
User Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of our Site, Application and Services, you may not and you agree that you will not:
Airbnb will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Airbnb may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Airbnb has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Airbnb reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Airbnb, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
Privacy
See Airbnb’s Privacy Policy at http://www.airbnb.com/home/terms and for information and notices concerning Airbnb’s collection and use of your personal information.
Ownership
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights is the exclusive property of Airbnb and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.
Airbnb Referral Program
As a Member, by referring your friends to request a booking or create a Listing that receives a confirmed booking via the Site, Application and Services, you may participate in the “Referral Program”, which is a loyalty program we offer to our Members. If you choose to participate in the Referral Program, for each friend you refer to Airbnb for which a Qualifying Referral (defined below) is completed, you may be able to receive Airbnb Travel Credits (defined below) (each a “Referral Reward”). “Airbnb Travel Credits” are “points” that may be applied as credits toward future confirmed bookings made by Members via the Site, Application and Services.
In order to receive a Referral Reward, each of the following requirements must be met (collectively, a “Qualifying Referral”): (i) you must log in to your Airbnb Account on the Site or Application and select either the “Invite Friends with Facebook” or “Email Your Friends” link; (ii) you must share the link provided with friends via Facebook or Twitter, by copying and pasting the unique referral link generated via the Services, by sending the unique referral link generated via the Services in an email via the Services to your friends; or by using the other tools provided by Airbnb to share the unique referral link with friends; (iii) a friend who clicks the link on Facebook or otherwise or clicks the link contained in the email must create a Airbnb Account and become a Member; and (iv) after becoming a Member, the friend must either request a booking of an Accommodation which is confirmed by the applicable Host or create a Listing which subsequently receives a confirmed booking via the Services with Total Fees of at least seventy-five dollars ($75) that is not subsequently cancelled. Please note that you may not be the Host or the Guest for the booking to receive a Referral Reward.
Satisfaction of a Qualifying Referral and the Referral Reward you receive will be reflected in your Airbnb Account in a commercially reasonable amount of time after the Qualifying Referral has been completed. The Referral Rewards you accrue will be displayed in your Airbnb Account profile page. Referral Rewards can be accrued solely by you and you may not earn Referral Rewards by permitting another individual to use your Airbnb Account. Referral Rewards accrued in multiple Airbnb Accounts may not be combined into one Airbnb Account. You may not earn Referral Rewards by creating multiple Airbnb Accounts. By acquiring Referral Rewards, you agree and acknowledge that Airbnb is granting you a limited, revocable license to a digital item, and that Referral Rewards are not your personal property. You may not obtain any cash or money in exchange for Referral Rewards. Except as explicitly provided herein, Referral Rewards are non-transferable. Members are responsible for keeping track of the Referral Rewards in their Airbnb Accounts.
Specific Terms Regarding Airbnb Travel Credits
Airbnb Travel Credits may only be redeemed for confirmed bookings via the Site, Application and Services and after you accrue Airbnb Travel Credits, such Airbnb Travel Credits will be automatically applied to your next confirmed booking made via the Site, Application and Services. You may only redeem Airbnb Travel Credits after the Airbnb Travel Credits are reflected in your Airbnb Account. The scope, variety, and type of services and products that you may obtain by redeeming Airbnb Travel Credits can change at any time.
Airbnb Travel Credits expire one (1) year from the date that any Airbnb Travel Credits are last accrued in your Airbnb Account. Airbnb will notify you at the email address you provided during Account registration within thirty (30) days of when the Airbnb Travel Credits in your Airbnb Account are scheduled to expire. If for some reason you believe that there is a discrepancy regarding your balance of Airbnb Travel Credits, please contact us at support@airbnb.com. Airbnb may require to you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at Airbnb’s sole discretion. You are responsible for any Tax consequences, if any, that may result from your redemption or use of Airbnb Travel Credits. Where applicable, Airbnb may be required to account for VAT on any services for which the Airbnb Travel Credits are redeemed.
Without limiting any other terms of these Terms and subject to applicable law, all Airbnb Travel Credits are forfeited if your Airbnb Account is terminated or suspended for any reason, in Airbnb’s sole discretion, or if Airbnb discontinues providing the Site, Application, Services or the Referral Program.
Application License
Subject to your compliance with these Terms, Airbnb grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Airbnb reserves all rights in the Application not expressly granted to you by these Terms.
Airbnb Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, Airbnb grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Airbnb Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Airbnb or its licensors, except for the licenses and rights expressly granted in these Terms.
Member Content
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to Airbnb a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site, Application and Services. Airbnb does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Airbnb the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Airbnb’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Links
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Airbnb is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Airbnb of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Airbnb used herein are trademarks or registered trademarks of Airbnb. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”). You may submit Feedback by emailing us at support@airbnb.com or through the “Contact” (www.airbnb.com/contact) section of the Site and Application. You acknowledge and agree that all Feedback will be the sole and exclusive property of Airbnb and you hereby irrevocably assign to Airbnb and agree to irrevocably assign to Airbnb all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Airbnb’s request and expense, you will execute documents and take such further acts as Airbnb may reasonably request to assist Airbnb to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Copyright Policy
Airbnb respects copyright law and expects its users to do the same. It is Airbnb’s policy to terminate in appropriate circumstances the Airbnb Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Airbnb’s Copyright Policy at www.airbnb.com/terms, for further information.
Termination and Airbnb Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site, Application and Services, and (b) deactivate or cancel your Airbnb Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event Airbnb terminates these Terms, or your access to our Site, Application and Services or deactivates or cancels your Airbnb Account you will remain liable for all amounts due hereunder. You may cancel your Airbnb Account at any time via the “Cancel Account” feature of the Services or by sending an email to support@airbnb.com. Please note that if your Airbnb Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
Disclaimers
IF YOU CHOOSE TO USE THE SITE, APPLICATION , SERVICES AND PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT AIRBNB DOES NOTHAVE AN OBLIGATIONTO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION.THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AIRBNB EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. AIRBNB MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACCOMMODATIONS, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. AIRBNB MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ACCOMMODATIONS, YOUR ACCRUAL OF AIRBNB TRAVEL CREDITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AIRBNB OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR GUESTS. YOU UNDERSTAND THAT AIRBNB DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. AIRBNB MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY AIRBNB.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY ACCOMMODATIONS VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF AIRBNB WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER Airbnb NOR ANY OTHER party involved in creating, producing, or delivering the Site, APPLICATION, Services, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM will be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS arising ouT of or in connection with thESE TERMS, from the use OF or inability to use the SITE, APPLICATION, ServiceS OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF the SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not AIRBNB has been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PUrPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO applicable hosts PURSUANT TO AN APPROVED PAYMENT REQUEST UNDER THE AIRBNB HOST GUARANTEE, IN no event will Airbnb’S aggregate liability arising out of or in connection with THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY ACCOMMODATION OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A HOST, THE AMOUNTS PAID BY AIRBNB TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AIRBNB AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification
You agree to release, defend, indemnify, and hold Airbnb and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Accommodation, (iii) creation of a Listing or (iv) the use, condition or rental of an Accommodation by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Accommodation and (d) your participation in the Referral Program or your accrual of any Airbnb Travel Credits.
Export Control and Restricted Countries
You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Site, Application and Services, you represent and warrant that (i) neither you nor your listed Accommodation is located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Site, Application and Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. Airbnb does not permit Listings associated with certain countries due to U.S. embargo restrictions.
Accessing and Downloading the Application from iTunes
The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):
Reporting Misconduct
If you stay with or host anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Airbnb by contacting us with your police station and report number at help@airbnb.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between Airbnb and you regarding the Site, Application, Services, Collective Content, Referral Program, and any bookings or Listings of Accommodations made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Airbnb and you regarding bookings or listings of Accommodations, the Site, Application, Services, Collective Content and Referral Program.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Airbnb’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Airbnb may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Airbnb (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in San Francisco County, San Francisco, California or a United States District Court, Northern District of California located in San Francisco, California for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
Dispute Resolution
You and Airbnb agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding arbitration , except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Airbnb are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Airbnb otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/si.asp?id=3477 and a separate form for California residents at www.adr.org/si.asp?id=3485.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and Airbnb otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Airbnb submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Airbnb will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Airbnb will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding the provisions of the “Modification” section above, if Airbnb changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to support@airbnb.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Airbnb’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Airbnb in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
General
The failure of Airbnb to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Airbnb. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Contacting Airbnb
If you have any questions about these Terms or any App Store Sourced Application, please contact Airbnb at support@airbnb.com.
Last Updated: August 15, 2011
Airbnb, Inc. ("Airbnb", "we" or "us") provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users of www.airbnb.com, www.airbnb.de and www.airbnb.fr (collectively, the "Site") and our application for mobile devices (the "Application") . This Privacy Policy applies only to information that you provide to us through the Site and Application. This Privacy Policy may be updated from time to time. We may update this Privacy Policy to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your Airbnb Account) or by means of a notice on the Site and Application prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms of Service (http://www.airbnb.com/home/terms).
As used in this policy, the terms "using" and "processing" information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.
International Transfer
YOUR INFORMATION MAY BE TRANSFERRED TO - AND MAINTAINED ON - COMPUTERS LOCATED OUTSIDE OF YOUR STATE, PROVINCE, COUNTRY OR OTHER GOVERNMENTAL JURISDICTION WHERE THE PRIVACY LAWS MAY NOT BE AS PROTECTIVE AS THOSE IN YOUR JURISDICTION. IF YOU ARE LOCATED OUTSIDE THE UNITED STATES AND CHOOSE TO PROVIDE INFORMATION TO US, AIRBNB TRANSFERS PERSONAL INFORMATION TO THE UNITED STATES AND PROCESSES IT THERE. YOUR CONSENT TO THIS PRIVACY POLICY FOLLOWED BY YOUR SUBMISSION OF SUCH INFORMATION REPRESENTS YOUR AGREEMENT TO THAT TRANSFER.
Information Collection and Use
Our primary goals in collecting information are to provide and improve our Site, Application, services, features and content, to administer your use of the Site and Application (together, the "Service") and to enable users to enjoy and easily navigate the Site and Application.
Personally Identifiable Information
When you register with us through the Site or Application and become a Member and when you choose to post a Listing or book an Accommodation, or when you wish to contact another Member, we will ask you for personally identifiable information. This refers to information about you that can be used to contact or identify you ("Identity Information"). Identity Information includes, but is not limited to, your name, phone number, email address, social security number (SSN), and home postal address, but does not include your credit card number or billing information. In order to process some of your transactions through the Site and Application, we may also ask for your credit card number and other billing information ("Billing Information") (Identity Information and Billing Information together, "Personal Information"). If the address of a Listing you post matches that of your credit card billing address, that address would be considered Identity Information. Some Personal Information is required, like your name and email address, and other Personal Information is optional, like your date of birth. We reserve the right to require address confirmation for Accommodations included in Listings. If we require such confirmation, we will send a code via postal mail to the address contained in a Listing and ask you to enter the code via the Site, Application and Service in order to confirm the address of the Accommodation included in the applicable Listing. We use your Personal Information to provide the Service and administer your inquiries.
We collect Personal Information in connection with your registration to join the Service. You can register to join via the Site or Application by completing the required forms.
You can also register to join by logging into online accounts you may have with third party service providers ("SNS")(e.g. Facebook); each such account, a "Third Party Account", via our Site or Application as described below. As part of the functionality of the Site, Service and Application, you may link your Airbnb Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Airbnb through the Site, Service or Application; or (ii) allowing Airbnb to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Airbnb and/or grant Airbnb access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Airbnb to pay any fees or making Airbnb subject to any usage limitations imposed by the applicable SNS. If you decide to register by logging into a Third Party Account via our Site or Application, we will obtain the Personal Information you have provided to the applicable SNS (such as your "real" name, email address, profile picture, names of SNS friends, names of SNS groups to which you belong, other information you make publicly available via the applicable SNS and/or other information you authorize Airbnb to access by authorizing the SNS to provide such information) from your Third Party Accounts and use that information to create your Airbnb Account and Airbnb Account profile page and you will become a Member. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, you understand that by granting us access to the Third Party Accounts, we will access, make available and store (if applicable and as permitted by the SNS and authorized by you) the information in your Third Party Accounts so that it is available on and through your Airbnb Account on the Site, Service and Application. If there is information about your "friends" or people with whom you are associated in your Third Party Account, the information we obtain about those "friends" or people with whom you are associated, may also depend on the privacy settings such people have with the applicable SNS.
If you register to be a part of our Affiliate Program, we will collect your name, website name, website URL, email address and affiliate program payment preferences (including, but not limited to, bank account number and routing number, bank account name, PayPal account email address, billing address and other financial information). We use this information to enable your participation in the Affiliate Program and to make payments related thereto. More information on our Affiliate Program is accessible at http://www.airbnb.com/affiliates.
We also collect the other information that you provide as part of registration and the administration and personalization of your Airbnb Account profile (e.g., without limitation, zip code (on its own) and individual preferences or demographic information) ("Non-Identifying Information").
We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Service, complete your transactions, and administer your inquiries.
Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your demographic information). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other Airbnb Users (defined below) to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how our Site, Application and Service are used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.
We also use your Personal Information to contact you with Airbnb newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your "Notifications" information. (See "Changing or Deleting Information," below.) Please note that we may also use your Personal Information to contact you with information related to your use of the Service; you may not opt out of these notifications.
Log Data
When you visit the Site and Application, whether as a Member or a non-registered user just browsing (any of these, an "Airbnb User"), our servers automatically record information that your browser sends whenever you visit a website ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type or the webpage you were visiting before you came to our Site and Application, pages of our Site and Application that you visit, the time spent on those pages, information you search for on our Site and Application, access times and dates, and other statistics. We use this information to monitor and analyze use of the Site, Application and the Service and for the Site and Application's technical administration, to increase our Site and Application's functionality and user-friendliness, and to better tailor our Site and Application to our visitors' needs. We also use this information to verify that visitors to the Site meet the criteria required to process their requests. We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.
Cookies
Like many websites, we use "cookies" to collect information. A cookie is a small data file that we transfer to your computer's hard disk for record-keeping purposes. We use cookies for two purposes. First, we utilize persistent cookies to save your login information for future logins to the Site and Application. Second, we utilize session ID cookies to enable certain features of the Site and Application, to better understand how you interact with the Site and Application and to monitor aggregate usage by Airbnb Users and web traffic routing on the Site and Application. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Site, Application and Service and then close your browser. Third party advertisers on the Site and Application may also place or read cookies on your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site or Application or all functionality of the Service.
Web Beacons
Our Site and Application may contain electronic images known as Web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how our Site and Application are used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This allows us to gauge the effectiveness of our customer communications and marketing campaigns.
Emailing Via an Airbnb Account
As part of the Service, Airbnb Users may communicate with Airbnb Members through use of the "Contact Host" feature on the Site and Application. Where Airbnb Users have selected the option of adding one or more email addresses to an online form, the message they create in the corresponding template will be sent from Airbnb to those email addresses on their behalf. These email addresses will be used only for the purpose of sending the email communication to the addressee. Via the "Contact Host" feature of the Site and Application, you may also speak with other Airbnb Members over the phone. In these instances, Airbnb will not share your phone number with the other Airbnb Member, but will use your phone number to contact you over the phone to connect you with the other Airbnb Member.
If you choose to use our referral service to ask a friend for a recommendation, we will ask you for your friend’s email address. We will automatically send your friend a one-time email inviting him or her to visit the site. Airbnb stores this information for the sole purpose of sending this one-time email.
Your friend may contact us at support@airbnb.com to request that we remove this information from our database.
You can import contacts from your email account address book to invite them to send you a recommendation. We collect, but do not store, the username and password for the email account you wish to import your contacts from and will only use it for that purpose only.
Phishing
Identity theft and the practice currently known as "phishing" are of great concern to Airbnb. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your Airbnb Account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission's website at http://www.ftc.gov.
Information Sharing and Disclosure
Overview
The Site, Application and Service can be used to facilitate the listing and booking of Accommodations. Listings for such Accommodations are made available via the Site, Application and Service by Hosts. Listings posted by Hosts, ratings and reviews of Hosts and Guests, and the Profile Information (as defined below) of Hosts and Guests, are visible to any Airbnb User.
Airbnb Members and Users
When you create an Airbnb Account, we will set up an Airbnb Account profile page for you. Your Airbnb Account profile page will include your first name and last initial. You can select the other items of Personal Information that you wish to be included in your Airbnb Account profile page – including, but not limited to, a profile picture, a list of the SNS groups to which you belong, a list of any of your SNS friends or connections who are also Members of Airbnb, connections you have established between your Account and any SNSs, and a biography and links to your Listings, if applicable (together, your "Profile Information"). We will display your Profile Information in your Airbnb Account profile page publicly via the Site and Application, and, with your prior permission, on third party sites. Any information you choose to provide as part of your Profile Information will be publicly visible to all Airbnb Users and consequently should reflect how much you want other Airbnb Users to know about you. We recommend that you guard your anonymity and sensitive information and we encourage members to think carefully about what information about themselves they disclose in their profile pages. You can review and revise your Profile Information at any time.
Listings
If you post a Listing, we may publish that Listing publicly via the Site and Application and may enable third parties to publish your Listing on their websites through the use of an HTML "widget". We may also display the geographical location of your Listing in the form of a map so that potential Guests can see the general area and neighborhood of your Listing, but your actual street address will not be disclosed until you enter into a confirmed transaction with another Member.
If you request to make a booking via the Site, Application and Service, Airbnb will share the following information about you with the applicable Host: (i) your first and last name, (ii) a link to your Airbnb Account profile page, (iii) the names of any members of an SNS with whom you are "friends" or associated on the SNS if such individuals are also "friends" or associated with the Host on such SNS, and (iv) an indication that the name that you provided to Airbnb when you became a Member matches the name that you provided to the SNSs to which you have linked your Airbnb Account. All of this information will enable the Host to decide whether to confirm or reject your booking. When a Host confirms a booking we will share pieces of the Host’s Identify Information, including, but not limited to, full name, phone number, the Accommodation’s address and the Host’s email address, with the applicable Guest selected by the Host and we will share pieces of the Guest’s Identify Information with the Host, including, but not limited to, full name, phone number and email address, so that the Guest and Host may contact one another directly. In no event is a Guest's Billing Information shared with a Host.
Aggregate Information and Non-Identifying Information
We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.
Service Providers
We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Site and Application-related services (e.g., without limitation, maintenance services, database management, web analytics, fraud detection services relating to the activity of Airbnb Users and improvement of the Site and Application's features) or to assist us in analyzing how our Site, Application and Service are used. These third parties may have access to your Personal Information; if they do, this access is only so that they may perform these tasks on our behalf and they are obligated not to disclose or use it for any other purpose. We may also provide Personal Information to our business partners or other trusted entities for the purpose of providing you with information on goods or services we believe will be of interest to you. You can, at any time, opt out of receiving such communications. Third party vendors, including Google, use cookies to serve ads based on an Airbnb User's prior visits to Airbnb. You can disable these specific cookies that track prior visits for the sake of follow-up advertising by opting out at http://www.google.com/privacy_ads.html.
Compliance with Laws and Law Enforcement; Guarantee Program
Airbnb cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Airbnb or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.
We will disclose any information about you to government or law enforcement officials and to our insurance services providers as we, in our sole discretion, believe necessary or appropriate to administer our Airbnb Host Guarantee www.airbnb.com/terms, to protect the property and rights of Airbnb or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.
Business Transfers
Airbnb may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
Changing or Deleting Your Information
All Members may review, update, correct or delete the Personal Information in their registration profile by contacting us at contact@airbnb.com or editing the relevant part of their profile. If you would like us to cancel your Airbnb Account, please contact us or select the "Cancel Account" feature of the Service and we will attempt to accommodate your request if we do not have any legal obligation or a legitimate business reason to retain the information contained in your Airbnb Account. Please note that, if you cancel your Airbnb Account, any reviews you have posted via the Site and Application will remain publicly viewable via the Site and Application. Please see below for privacy contact information.
Security
Airbnb is very concerned with safeguarding your information. When you enter sensitive information (such as credit card number and/or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Site and Application, you can contact us at support@airbnb.com.
We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored "personal data" (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on the Site and Application in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
Links to Other Websites
Our Site and Application contain links to other websites. If you choose to visit an advertiser by "clicking on" a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party's website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other websites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
Testimonials
With your consent we may post your testimonial on the Site and Application along with your name. If you want your testimonial removed please contact us at support@airbnb.com.
Our Policy Toward Children
The Site and Application are not directed to individuals under 18. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at support@airbnb.com. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.
Contacting Us
If you have any questions about this Privacy Policy, please contact Airbnb at support@airbnb.com.
Last Updated: August 15, 2011
AIRBNB HOST GUARANTEE TERMS AND CONDITIONS
Airbnb, Inc. (hereafter referred to as "Airbnb", "we", "us", or "our") provides an online platform that connects hosts who have accommodations to rent with guests seeking to rent such accommodations (collectively, the "Services"), which Services are accessible at www.airbnb.com, www.airbnb.de, www.airbnb.fr and any other websites through which Airbnb makes the Services available (collectively, the "Site") and as an application for mobile devices (the "Application").
Whether, as a Host (defined below) you have posted a single Listing (defined below) on one Airbnb website or one hundred Listings on multiple Airbnb websites, you may benefit from the Airbnb Host guarantee program ("Airbnb Host Guarantee"), the terms, limitations and conditions for which are set forth below (the "Airbnb Host Guarantee Terms") if the payments associated with the rental of a Covered Accommodation (defined below) booked by a Guest (defined below) through the Site, Application or Services are handled by Airbnb. Please read these Airbnb Host Guarantee Terms carefully.
YOU ACKNOWLEDGE AND AGREE THAT, BY POSTING A LISTING OR OTHERWISE USING THE SITE, APPLICATION OR SERVICES AS A HOST, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE AIRBNB HOST GUARANTEE TERMS. If you accept or agree to these Airbnb Host Guarantee Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Airbnb Host Guarantee Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
These Airbnb Host Guarantee Terms will be deemed to be a commercial guarantee in connection with the Services provided by Airbnb under the Airbnb Terms of Service www.airbnb.com/terms. Except as permitted by law, these Airbnb Host Guarantee Terms do not affect your statutory rights. If you would like a written copy of these Airbnb Host Guarantee Terms, please contact Airbnb at support@airbnb.com.
Key Terms
"Accommodation" means residential or other property.
"Airbnb Host Guarantee Payment Request Form" means Airbnb’s standard form as amended from time to time, accessible through the Site at www.airbnb.com/incidents/new, that a Host uses to request payment from Airbnb pursuant to these Airbnb Host Guarantee Terms.
"Artwork" means works of art (including paintings, posters and sculptures) or photographs, and antiques which are purchased for legal tender or currency, in each case that are not Excluded Property.
"Artwork Limit" means Two Thousand U.S. Dollars (US $2,000) per individual item or piece on or in a Covered Accommodation or an aggregate of Five Thousand U.S. Dollars (US $5,000) for more than one item or piece on or in such Covered Accommodation (or its equivalent in the currency where the Covered Accommodation is located at the exchange rate applicable on the date of payment by Airbnb under these Airbnb Host Guarantee Terms).
"Covered Accommodation" means and is limited to an Accommodation that is included in a Listing that you created or control.
"Covered Accommodation Property" means and is limited to the following items of tangible property that are either owned by you or for which you are legally responsible: (a) flooring (including carpets) and walls (including windows and doors); (b) fixtures such as lighting, shelving, curtains and blinds; (c) appliances, cookware and audio/video equipment; (d) furnishings such as sofas, chairs, tables and beds, and (e) Artwork, in each case excluding Excluded Property.
"Covered Losses" means actual physical losses or damages to Covered Property physically situated on, at or in a Covered Accommodation as a result of Theft, Vandalism or Gross Negligence by a Responsible Guest or by an Invitee that occurs during a stay at such Covered Accommodation.
"Covered Personal Property" means and is limited to items of tangible personal property that are either owned by you or for which you are legally responsible, in each case excluding Covered Accommodation Property and excluding Excluded Property.
"Covered Property" means, collectively, Covered Personal Property and Covered Accommodation Property.
"Gross Negligence" means a reckless, conscious and voluntary disregard of the need to use reasonable care, which has caused foreseeable injury or harm to persons, property, or both.
"Excluded Property" means (i) jewelry (including watches, rings, necklaces and other articles which reasonably could be considered an item of jewelry), (ii) collections and collectables (such as coin, baseball card, comic, book, magazine, doll, ceramic, pottery, dish and glass/crystal, dress/clothing, or any other property that is a part of a collection), (iii) works of art (including painting, posters and sculptures) or photographs, and antiques in each case which are received as a gift or donation, (iv) motor vehicles (including, without limitation, automobiles, scooters, vespas, and motorcycles), watercraft (including, without limitation, boats, yachts, jet skis and similar craft), (v) furs, food, liquor, wine and other beverages, and (vi) firearms and weapons.
"Fair Market Value" means with respect to (i) an item of tangible property, the price at which such property would be sold or (ii) real property or fixtures, the price to repair or fix such real property or fixtures to the condition such property existed prior to such repair or fix, in each case a voluntary transaction between a knowledgeable buyer and a knowledgeable seller, neither of whom is under any obligation to buy or sell (taking into account the condition, wear and tear and depreciation), as reasonably determined by Airbnb.
"Guarantee Limit" means fifty thousand U.S. dollars (US $50,000), or its equivalent in the currency where the Covered Accommodation is located at the exchange rate applicable on the date of payment by Airbnb under these Airbnb Host Guarantee Terms.
"Guest" means a Member who requests a booking of an Accommodation via the Site, Application or Services, or a Member who stays at an Accommodation and is not the Host for such Accommodation.
"Host" means a Member who creates a Listing via the Site, Application and Services.
"Invitee" means a person invited to be present at a Covered Accommodation by a Responsible Guest (such as a family member or friend).
"Listing" means an Accommodation that is listed by a Host as available for rental via the Site, Application, and Services.
"Member" means a person who completes Airbnb’s account registration process, including, but not limited to Hosts and Guests, as described under "Account Registration" process in the Airbnb Terms of Service.
"Original Cost" means the original purchase price paid by a person in legal tender or currency for the item of tangible property at issue.
"Responsible Guest" means the Guest to whom you rented the Covered Accommodation on, at or in which the Covered Property for which you request payment pursuant to these Airbnb Host Guarantee Terms is physically situated.
"Theft" means a criminal act in which a person intentionally takes the tangible property of another without permission or consent and with the intent to convert it to the taker's use (including potential sale).
"you" and "your" refer to an individual who is a Host, not a Guest or Invitee.
"Vandalism" means the intentional and malicious destruction of or damage to the property of another.
Airbnb Host Guarantee Benefits
Subject to the limitations, exclusions and conditions herein, Airbnb, as guarantor, will guarantee payment to you up to the Guarantee Limit for Covered Losses. For the avoidance of doubt, Covered Losses do not include loss of use of, or profit from, Covered Property. Airbnb’s maximum obligation under the Airbnb Host Guarantee for Covered Losses (i) with respect to Covered Property (which is not Artwork), is the current Fair Market Value of the item(s) of such Covered Property as of the date the completed Airbnb Host Guarantee Payment Request Form is filed with Airbnb, and (ii) with respect to Artwork, is the Original Cost of the item(s) of Artwork. Notwithstanding anything to the contrary in these Airbnb Host Guarantee Terms or otherwise, the aggregate amount payable by Airbnb for (1) Covered Losses to Artwork located at or in a given Covered Accommodation will not exceed the Artwork Limit (regardless of the number of Listings you have posted for such Covered Accommodation or the number of times the rental of such Covered Accommodation is booked and processed through the Site, Application or Service); and (2) Covered Losses for a given Covered Accommodation during any consecutive twelve (12) month period will not exceed the Guarantee Limit, (with each time such twelve (12) month period will be measured from the date of Airbnb’s receipt of the applicable Airbnb Host Guarantee Payment Request Form) regardless of the number of Listings you have posted for such Covered Accommodation or the number of times the rental of such Covered Accommodation is booked and processed through the Site, Application or Service during the applicable twelve (12) month period. This benefit under these Airbnb Host Guarantee Terms is provided to you at no additional cost.
The benefits under these Airbnb Host Guarantee Terms currently apply only to Covered Accommodations located in one of the countries identified at www.airbnb.com/guarantee. Airbnb currently plans to expand the coverage of the Airbnb Host Guarantee benefits to apply to Covered Accommodations in additional geographical locations. If Airbnb modifies these Airbnb Host Guarantee Terms, including, without limitation, by expanding the Airbnb Host Guarantee benefits to apply to Covered Accommodations in additional geographical locations, Airbnb will post the modification on the Site or via the Application and provide you with notice of the modification. Airbnb will also update the "Last Updated Date" at the top of these Airbnb Host Guarantee Terms.
All amounts payable to you under these Airbnb Host Guarantee Terms will be made in United States dollars or its equivalent in the currency where the Covered Accommodation is located at the exchange rate applicable on the date of payment by Airbnb under these Airbnb Host Guarantee Terms.
Limitations and Exclusions
The Airbnb Host Guarantee benefits described herein cover Covered Losses only and do not cover any losses or damages related to any of the following:
• personal injuries or death caused by, or resulting from, physical losses or damages to Covered Property
• real property, except to the extent any such real property is specifically included in the definition of Covered Accommodation Property
• personal property that is owned by a party other than the Host and for which the Host is not legally responsible
• cash, credit cards, debit cards, charge cards, checks, negotiable instruments, financial securities and other financial instruments and products
• Excluded Property
• losses or damages arising out of, or resulting from, acts of nature, including, but not limited to, earthquakes and weather-related events such as hurricanes and tornadoes
• losses or damages arising out of, or resulting from, your acts or omissions
• losses or damages for which you are compensated or reimbursed from a source other than Airbnb including without limitation: (i) amounts received under an insurance policy, guarantee or indemnity; (ii) a security deposit; or (iii) payment directly by the Responsible Guest or an Invitee, or other party ("Alternative Payment")
• Losses or damages for Covered Property located in a specific Covered Accommodation in excess of the Guarantee Limit in a consecutive twelve (12) month period
• Losses or damages for Artwork located in a specific Covered Accommodation (i) in excess of the Artwork Limit, or (ii) received as a gift or donation
Conditions to the Airbnb Host Guarantee
In order to be eligible to obtain payment from Airbnb under these Airbnb Host Guarantee Terms, you must comply with each of the following conditions:
• You must have incurred Covered Losses.
• You must have complied with the following safety conditions:
• You must have used reasonable efforts in connection with the stay of the Responsible Guest at such Covered Accommodation to comply with Airbnb’s safety guidelines as described at www.airbnb.com/safety.
• You must have used reasonable efforts to screen the Responsible Guest, including, but not limited to, communication with the Responsible Guest to understand purpose of trip, number and ages of people in the Responsible Guest’s travel party, and departure location and check Responsible Guest profiles for verified phone numbers, positive reviews and friend recommendations.
• You must have provided the Responsible Guest with clear written instructions on how you expect the Responsible Guest and any Invitees to conduct themselves while staying in your Covered Accommodation, including informing them that they will be responsible for all Covered Losses.
• You must inspect the applicable Covered Accommodation prior to the Filing Deadline (defined below) to determine whether there are any physical losses or damages to any Covered Property.
• You must ensure that any agreement you enter into with the Responsible Guest with respect to the Covered Accommodation includes an express obligation to pay you for damages or losses for any Covered Property caused by such Responsible Guest or Invitee.
• You must use your best efforts to seek recovery from the Responsible Guest for any Covered Losses. If you are unable to recover such Covered Losses or damages within a reasonable period, then you must seek any Alternative Payment to which you may be entitled with respect to such Covered Losses from any other person or entity.
• You must complete and file an Airbnb Host Guarantee Payment Request Form with Airbnb through the Site prior to required date below (such date, the "Filing Deadline"):
• For Covered Losses that you incurred prior to August 15, 2011, you must complete and file an Airbnb Host Guarantee Payment Request Form no later than September 15, 2011.
• For Covered Losses that you incur on or after August 15, 2011, you must complete and file an Airbnb Host Guarantee Payment Request Form within the earlier of (i) fourteen (14) days following the date of termination of the Responsible Guest’s rental of the applicable Covered Accommodation or (ii) the date a subsequent rental of the same Covered Accommodation begins.
• For all Covered Property for which you are filing an Airbnb Host Guarantee Payment Request Form in an amount greater than an aggregate value of three hundred U.S. dollars (US $300) (or its equivalent in the currency where the Covered Accommodation is located), you must file a police report listing such Covered Property and provide Airbnb with a copy of such report, certified by you as true and correct.
• You must provide Airbnb with proof of ownership of, or legal responsibility for, the Covered Property in the form of receipts, photographs, videos or other customary forms of proof, (including, but not limited to, appraisal or valuation forms or notices addressed to you) certified by you as true and correct and reasonably acceptable to Airbnb.
• You must provide Airbnb with proof of the Covered Losses certified by you as true and correct, in the form of receipts, photographs, videos or other verifiable forms of proof.
• You must provide Airbnb with all information reasonably requested by Airbnb to enable it to determine the Fair Market Value or Original Cost, as applicable, with respect to Covered Property, including: (i) for Artwork, evidence of the Original Cost of such Artwork in the form of original receipts or other evidence of payment of the purchase price for such Artwork, and the date on which such Artwork was purchased or acquired by you, and (ii) for Covered Property (other than Artwork), evidence of the Fair Market Value of such Covered Property including the value of comparable property, the original purchase price of such Covered Property, the date such Covered Property was acquired and the condition of such Covered Property and, if applicable, for real property and fixtures, the estimated cost of repair or replacement of such Covered Property.
• Upon Airbnb’s reasonable request, and to the extent you are reasonably able to do so, you must participate in mediation or similar resolution process with the Responsible Guest, at no cost to you, which process will be conducted by Airbnb or a third party selected by Airbnb, with respect to Covered Losses for which you are requesting payment.
• You must cooperate with Airbnb, including signing any documents, and timely responding to any reasonable requests by Airbnb for additional information or documentation that Airbnb may require or request to process the applicable Airbnb Host Guarantee Payment Request Form.
Subrogation
As an additional separate and distinct condition to this Airbnb Host Guarantee, Airbnb, as guarantor, has the right to subrogate against any person or entity whatsoever who allegedly is responsible for causing the losses or damages in question, even if that person or entity is you. Further, you hereby agree that, with respect to any payments made under this Airbnb Host Guarantee by, or on behalf of, Airbnb, you will assist in and cooperate fully with Airbnb regarding any and all efforts at subrogation.
Disposition of Host Payment Requests
Airbnb will complete its processing of any Airbnb Host Guarantee Payment Request Form that you file within a reasonable period following the date you have (a) completed and filed an Airbnb Host Guarantee Payment Request Form, and (b) provided Airbnb with all information and materials that you are required to provide to comply with the conditions set forth in "Conditions to the Airbnb Host Guarantee" above and in any event we will use our commercially reasonable efforts to complete processing of your Airbnb Host Guarantee Payment Request Form within three (3) months after Airbnb’s receipt of such documents and information. If you receive an Approved Payment Request (as defined below), then as a condition to Airbnb’s obligation to make payment to you, you will be required to execute and deliver to Airbnb the "Airbnb Host Guarantee Approved Payment Request Agreement", which includes your agreement: (i) to assign to Airbnb any rights and remedies you may have to recover amounts paid by Airbnb to you with respect to an Approved Payment Request (defined below) from the Responsible Guest or from an Invitee or from any other party that is financially responsible for the Approved Payment Request; (ii) to reasonably cooperate with Airbnb, including, at Airbnb’s request, appearing as a witness in any court, arbitration or like proceeding, at no cost to Airbnb, if Airbnb seeks to recover the amount paid by Airbnb to you with respect to an Approved Payment Request from the Responsible Guest or from an Invitee or from any other party; (iii) to release and hold harmless Airbnb and all officers, directors, employees, contractors and agents of Airbnb from any further liability or obligations with respect to the facts and circumstances of the matters and incident set forth in the Airbnb Host Guarantee Payment Request Form; (iv) to treat as "confidential information" the contents and existence of such Airbnb Host Guarantee Payment Request Form and Approved Payment Request Payment Agreement; and (v) to refund to Airbnb any amounts that are erroneously paid by Airbnb to you with respect to an Approved Payment Request, such determination by Airbnb to be based upon factors including, but not limited to, documentation in Airbnb’s possession, your actions, and police reports, if applicable.
The duration of Airbnb’s processing period of any Airbnb Host Guarantee Payment Request Form that you file will depend on factors that include, but are not limited to: (i) the amount of payment that you are requesting; (ii) the location of the Covered Accommodation; (iii) the nature of the Covered Property and the nature of the Covered Losses; (iv) the completeness and type of documentation that you provide Airbnb regarding the Covered Losses; and (v) the number of Airbnb Host Guarantee Payment Request Forms that Airbnb is then currently processing for other Hosts. If Airbnb approves in whole or in part a payment request set forth in an Airbnb Host Guarantee Payment Request Form that you have filed (any such approved payment request an "Approved Payment Request"), you will be notified by Airbnb and you will be required to deliver to Airbnb an executed Approved Payment Request Agreement. Airbnb may use third party service providers to assist in the processing of the Airbnb Host Guarantee Payment Request Forms and the investigation and adjustment of payment requests relating thereto.
For an Approved Payment Request that involves Covered Losses for Covered Property that is owned by a party other than the Host and for which the Host is legally responsible, Airbnb reserves the right, in its sole discretion, to pay all or a portion of the amount covered in such Approved Payment Request either to you or directly to the owner of such Covered Property. If Airbnb pays all or a portion of such amount directly to the owner of such Covered Property, then you agree that such payment will be treated for purpose of the Approved Payment Request as being paid to you directly, and that you will be solely responsible for collecting from the owner of such Covered Property any portion of such payment to which you believe you are legally entitled. For clarity, your indemnification obligations set forth below under the paragraph entitled "Indemnification" will apply to claims arising from any payments made by Airbnb pursuant to these Airbnb Host Guarantee Terms, including without limitation any payments made by Airbnb directly to the owner of any Covered Property.
Acknowledgments and Agreements by Host
You acknowledge and agree that:
• This Airbnb Host Guarantee is a guarantee of obligations of a Responsible Guest to you and is dependent upon you ensuring your agreement with the Responsible Guest to rent the Covered Accommodation includes an express obligation to pay you for damages or losses for any Covered Property caused by such Responsible Guest or Invitee.
• Airbnb provides Hosts with the Airbnb Host Guarantee benefits described herein solely for the purpose of promoting use of the Site, Application and Services by building customer loyalty and strengthening customer confidence as to use of the Site, Application and Services.
• These Airbnb Host Guarantee Terms are not intended to constitute an offer to insure, do not constitute insurance or an insurance contract, do not take the place of insurance and you have not paid any premium in respect of the Airbnb Host Guarantee. Furthermore, these Airbnb Host Guarantee Terms are not an insurance service agreement as defined in a standard ISO renter’s or homeowner’s insurance policy.
• The benefits provided under these Airbnb Host Guarantee Terms are solely as set forth in the paragraph entitled "Airbnb Host Guarantee Benefits" above and such benefits are not assignable or transferable by you, including without limitation any transfer or assignment by operation of law or in connection with your divorce or death.
• Airbnb reserves the right to independently investigate (or to have independently investigated), at Airbnb’s sole discretion and expense, the facts and circumstances of a payment request set forth in any Airbnb Host Guarantee Payment Request Form that you file with Airbnb, notwithstanding your provision to Airbnb of all information and materials that you are required to provide Airbnb in order to comply with the conditions set forth in the paragraph entitled "Conditions to the Airbnb Host Guarantee," and regardless of the impact that Airbnb’s exercise of the rights described herein will have on the period for Airbnb to complete processing such a form.
• Airbnb reserves the right, at any time, to offset or deduct from the amounts payable or paid by Airbnb to you under these Airbnb Host Guarantee Terms any amounts that it may have in its possession, or to subsequently collect from any other person or entity who is obligated to compensate you for losses or damages, including, but not limited to, Alternative Payments.
• Because these Airbnb Host Guarantee Terms constitute a guarantee agreement, the theory of exoneration applies. Thus, if the Covered Property in question or the risk associated with that Covered Property changes materially, Airbnb will be entitled to exoneration with respect to any potential guaranty obligation under these Airbnb Host Guarantee Terms.
Modification or Termination of Airbnb Host Guarantee Terms
Airbnb reserves the right to modify or terminate these Airbnb Host Guarantee Terms, at any time, in its sole discretion, and without prior notice. If Airbnb terminates these Airbnb Host Guarantee Terms in accordance with the foregoing, Airbnb will provide you with notice of such termination and Airbnb will continue to process all Airbnb Host Guarantee Payment Request Forms that you filed prior to the effective date of termination, but your right to file any new Airbnb Host Guarantee Payment Request Forms will immediately terminate. If Airbnb modifies these Airbnb Host Guarantee Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification and Airbnb will continue to process all Airbnb Host Guarantee Payment Request Forms that you filed prior to the effective date of the modification. By continuing to access or use the Site, Application or Services as a Host after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Airbnb Host Guarantee Terms. If the modified Airbnb Host Guarantee Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services as a Host.
In addition to and without limiting Airbnb’s rights set forth above in the immediately preceding paragraph, Airbnb reserves the right to modify or terminate these Airbnb Host Guarantee Terms generally or any jurisdiction, at any time, in its sole discretion, if: (i) these Airbnb Host Guarantee Terms are construed to be an offer to insure or constitute insurance or an insurance contract or insurance service agreement by any governmental or regulatory authority in any jurisdiction; (ii) Airbnb is required to obtain a license or permit of any kind to continue to provide these Airbnb Host Guarantee Terms in any jurisdiction; or (iii) Airbnb determines or a court or arbitrator holds that the provisions of the Airbnb Host Guarantee Terms violate applicable law. If Airbnb modifies or terminates these Airbnb Host Guarantee Terms in accordance with the foregoing, Airbnb will process all Airbnb Host Guarantee Payment Request Forms that you file prior to or as of the effective date of such modification or termination unless such processing is prohibited by law, regulation, ordinance, order, or decree of any governmental or other authority.
Disclaimers
IF YOU CHOOSE TO USE THE SITE, APPLICATION , SERVICES AS A HOST YOU DO SO AT YOUR SOLE RISK. THE AIRBNB HOST GUARANTEE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AIRBNB EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. AIRBNB MAKES NO WARRANTY THAT THE AIRBNB HOST GUARANTEE WILL MEET YOUR REQUIREMENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AIRBNB OR THROUGH THE SITE, APPLICATION, SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION AND SERVICES, AND YOUR LISTING OF ANY ACCOMMODATIONS VIA THE SITE, APPLICATION AND SERVICES REMAINS WITH YOU. NEITHER AIRBNB NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE APPLICATION AND SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE AIRBNB HOST GUARANTEE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR FROM YOUR LISTING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AIRBNB HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR AIRBNB’S OBLIGATIONS TO PAY AMOUNTS TO YOU PURSUANT TO AN APPROVED PAYMENT REQUEST UNDER THESE AIRBNB HOST GUARANTEE TERMS, IN NO EVENT WILL AIRBNB’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE AIRBNB HOST GUARANTEE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR POSTING A LISTING, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION AND SERVICES AND IN CONNECTION WITH ANY ACCOMMODATION OR YOUR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS PAID BY AIRBNB TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AIRBNB AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification
You agree to release, defend, indemnify, and hold Airbnb and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with the Airbnb Host Guarantee Terms.
Entire Agreement
These Airbnb Host Guarantee Terms constitute the entire and exclusive understanding and agreement between Airbnb and you regarding the Airbnb Host Guarantee and these Airbnb Host Guarantee Terms supersede and replace any and all prior oral or written understandings or agreements between Airbnb and you regarding the Airbnb Host Guarantee.
Assignment
You may not assign or transfer these Airbnb Host Guarantee Terms, by operation of law or otherwise, without Airbnb’s prior written consent. Any attempt by you to assign or transfer these Airbnb Host Guarantee Terms, without such consent, will be null and of no effect. Airbnb may assign or transfer these Airbnb Host Guarantee Terms, at its sole discretion, without restriction. Subject to the foregoing, these Airbnb Host Guarantee Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Airbnb Host Guarantee Terms, will be in writing and given by Airbnb (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law
These Airbnb Host Guarantee Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions.
Dispute Resolution
You and Airbnb agree that any dispute, claim or controversy arising out of or relating to these Airbnb Host Guarantee Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, "Disputes") will be settled by binding arbitration. You acknowledge and agree that you and Airbnb are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Airbnb otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Airbnb Host Guarantee Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/si.asp?id=3477 and a separate form for California residents at www.adr.org/si.asp?id=3485.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and Airbnb otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Airbnb submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Airbnb will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Airbnb will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding the provisions of the "Modification or Termination of Airbnb Host Guarantee Terms" section above, if Airbnb changes this "Dispute Resolution" section after the date you first accepted these Airbnb Host Guarantee Terms (or accepted any subsequent changes to these Airbnb Host Guarantee Terms), you may reject any such change by sending us written notice (including by email to support@airbnb.com) within 30 days of the date such change became effective, as indicated in the "Last Updated Date" above or in the date of Airbnb’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Airbnb in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Airbnb Host Guarantee Terms (or accepted any subsequent changes to these Airbnb Host Guarantee Terms).
General
The failure of Airbnb to enforce any right or provision of these Airbnb Host Guarantee Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Airbnb. Except as expressly set forth in these Airbnb Host Guarantee Terms, the exercise by either party of any of its remedies under these Airbnb Host Guarantee Terms will be without prejudice to its other remedies under these Airbnb Host Guarantee Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Airbnb Host Guarantee Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Airbnb Host Guarantee Terms will remain in full force and effect.
Contacting Airbnb
If you have any questions about these Airbnb Host Guarantee Terms, please contact Airbnb at support@airbnb.com.
Notification of Copyright Infringement:
Airbnb, Inc. ("Airbnb") respects the intellectual property rights of others and expects its users to do the same.
It is Airbnb’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the account or access of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Airbnb will respond expeditiously to claims of copyright infringement committed using the Airbnb website and mobile application (the "Site and Application") that are reported to Airbnb’s Designated Copyright Agent, identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site and Application by completing the following DMCA Notice of Alleged Infringement and delivering it to Airbnb’s Designated Copyright Agent. Upon receipt of the Notice as described below, Airbnb will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site and Application.
DMCA Notice of Alleged Infringement ("Notice")
1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site and Application where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
o "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
o "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
5. Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Airbnb’s Designated Copyright Agent:
Copyright Agent
c/o Airbnb, Inc.
99 Rhode Island Street
San Francisco, CA 94103
support@airbnb.com
