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Juridiske vilkår
SERVICEVILKÅR FOR BETALINGER
If your country of residence is within the European Economic Area (“EEA”),
Switzerland or the United Kingdom, the Payments Terms of Service for European
Users apply to you.
If your country of residence is outside of the EEA, Switzerland and the United
Kingdom, the Payments Terms of Service for Non-European Users apply to you.
PAYMENTS TERMS OF SERVICE FOR EUROPEAN USERS
If you attempt to bring any legal claim against Airbnb Payments in the United
States, the arbitration agreement and class actions waiver in Section 15 apply
to you. Please read them carefully.
As a consumer who resides in the EEA you can access the European Commission’s
online dispute resolution platform here: https://ec.europa.eu/consumers/odr.
Please note that Airbnb Payments is not committed or obliged to use an
alternative dispute resolution entity to resolve disputes with consumers. The
European Commission’s online dispute resolution platform is not available for
residents of Switzerland or the United Kingdom.
Last Updated: 25. januar 2023
These Payments Terms of Service for European Users (“Payments Terms”) are a
binding legal agreement between you and Airbnb Payments that govern the Payment
Services (defined below) conducted through or in connection with the Airbnb
Platform. When these Payments Terms mention “Airbnb Payments,” “we,” “us,” or
“our,” it refers to:
* Airbnb Payments Luxembourg S.A. (“Airbnb Payment Luxembourg”) if your country
of residence is in the EEA.
* Airbnb Payments UK Ltd. (“Airbnb Payments UK”) if your country of residence
is in the United Kingdom or Switzerland.
Airbnb Payments provides payments services to Members publishing, offering and
booking Accommodations, Experiences or other Host Services, including services
in connection with the Open Homes Program and other current and future services
provided via the Airbnb Platform. These payment services may include (if
available) the following (collectively, “Payment Services”):
* Collecting payments from Guests (“Payin”), by charging the payment method
associated with their Airbnb account, such as credit card, debit card, bank
account or PayPal account (“Payment Method”);
* Effecting payments to Hosts (“Payout”) to a financial instrument associated
with their Airbnb account, such as a PayPal account, bank account, direct
deposit, a prepaid card, or a debit card (“Payout Method”);
* Effecting payments to a third-party Payout Method designated by a Host;
* Collection and payment of charitable donations;
* Payment collection services; and
* Other payment related services in connection with Host Services.
In order to use the Payment Services, you must be at least 18 years old, must
have an Airbnb account in good standing in accordance with the Airbnb Terms of
Service (“Terms”), and must keep your payment and personal information accurate
and complete.
If you change your country of residence, the Airbnb company you contract with
and the applicable version of the Payment Terms will be determined by your new
country of residence from the date on which your country of residence changes.
Please note, however, that the Airbnb Payments company with whom you contract
will stay the same for all bookings made prior to your change of residence.
The Terms separately govern your use of the Airbnb Platform. If you see an
undefined term in these Payment Terms, it has the same definition as in the
Terms.
TABLE OF CONTENTS
1. Your use of the Payment Services
2. Guest Terms
3. Host Terms
4. Appointment of Airbnb Payments as Limited Payment Collection Agent
5. General Terms
6. Damage Claims and Damage Amounts
7. Abandoned Property
8. Prohibited Activities
9. Force Majeure
10. Disclaimers
11. Liability
12. Indemnification
13. Modification, Term, Termination, and other Measures
14. Governing Law and Dispute Resolution
15. United States Arbitration Agreement
16. Miscellaneous
17. Additional Clauses for Users Contracting with Airbnb Payments UK
18. Additional Clauses for Users Contracting with Airbnb Payments Luxembourg
19. Additional Clauses for Users that are Businesses
20. Contacting Airbnb Payments
1. Your use of the Payment Services
1.1 Airbnb Payment Services. By using the Payments Services, you agree to comply
with these Payment Terms. Airbnb Payments may temporarily limit or suspend your
access to or use of the Payment Services, or its features, to carry out
maintenance measures that ensure the proper functioning of the Payment Services.
Airbnb Payments may improve, enhance and modify the Payment Services and
introduce new Payment Services from time to time. Airbnb Payments will provide
notice to Members of any changes to the Payment Services, unless such changes do
not materially increase the Members’ contractual obligations or decrease the
Members’ rights under these Payments Terms.
1.2 Third Party Services. The Payment Services may contain links to third-party
websites or resources (“Third-Party Services”). Such Third-Party Services are
subject to different terms of service and privacy policies, and Members should
review them. Airbnb Payments is not responsible or liable for the use of such
Third-Party Services. Links to any Third-Party Services are not an endorsement
by Airbnb Payments of those Third-Party Services.
1.3 Your Airbnb Account. Airbnb Payments may enable features that allow you to
authorize other Members or third parties to take certain actions that affect
your Airbnb account. You may authorize a third party to use your Airbnb account
if the feature is enabled for your Airbnb account. You acknowledge and agree
that anyone you authorize to use your Airbnb account may use the Payment
Services on your behalf and that you will be responsible for any payments made
by such person. If you reside in the EEA and contract with Airbnb Payments
Luxembourg, this Section 1.3 does not apply to you.
1.4 Verification. You authorize Airbnb Payments, directly or through third
parties, to make any inquiries we consider necessary to verify your identity and
information you provide. This may include (i) screening you against third-party
databases or other sources, (ii) requesting reports from service providers,
(iii) asking you to provide a form of government identification (e.g., driver’s
license or passport), your date of birth, your address, and other information;
or (iv) requiring you to take steps to confirm ownership of your email address,
Payment Method(s) or Payout Method(s). Airbnb Payments reserves the right to
terminate, suspend, or limit access to the Payment Services in the event we are
unable to obtain or verify any of this information.
1.5 Additional Terms. Your access to or use of certain Payment Services may be
subject to, or require you to accept, additional terms and conditions. If there
is a conflict between these Payments Terms and terms and conditions applicable
to a specific Payment Service, the latter terms and conditions will take
precedence with respect to your use of or access to that Payment Service, unless
specified otherwise.
2. Guest Terms
2.1 Adding a Payment Method. When you add a Payment Method to your Airbnb
account, you will be asked to provide billing information such as name, billing
address, and financial instrument information either to Airbnb Payments or its
third-party payment processor(s). You authorize Airbnb Payments and its payment
service providers to collect and store your Payment Method information.
2.2 Payment Method Verification. When you add or use a new Payment Method,
Airbnb Payments may verify the Payment Method by (i) authorizing your Payment
Method for one or two nominal amounts via a payment service provider, and asking
you to confirm those amounts, or (ii) requiring you to upload a billing
statement. We may, and retain the right to, initiate refunds of these amounts
from your Payment Method. When you add a Payment Method during checkout, we will
automatically save and add that Payment Method to your Airbnb account so it can
be used for a future transaction. You may not remove the Payment Method
associated with a reservation, during the period commencing from the date of
your booking and ending fourteen (14) days following your check-out date, nor
during any additional period of time needed to resolve any outstanding Damage
Claim associated with such booking.
2.3 Payment Authorization. You allow Airbnb Payments to charge your Payment
Method (including charging more than one payment method), either directly or
indirectly, for all fees due (including any applicable taxes) in connection with
your Airbnb account, including Damage Claim amounts in accordance with the Terms
and with Section 6.
2.4 Automatic Update of Payment Method. If your Payment Method’s account
information changes (e.g., account number, routing number, expiration date) as a
result of re-issuance or otherwise, we may acquire that information from our
financial services partners or your bank and automatically update your Payment
Method on file.
2.5 Timing of Payment. Airbnb Payments generally charges the Total Price due
after the Host accepts your booking request. However, if you pay with a push
Payment Method (such as Sofort), Airbnb Payments will collect the Total Price
due at the time of your booking request or after the Host accepts your booking
request. Airbnb Payments may offer alternative options for the timing and manner
of payment. Any additional fees for using those alternative payment options will
be displayed via the Airbnb Platform and included in the Total Price, and you
agree to pay such fees by selecting the payment option. Additional terms and
conditions may apply for the use of an alternative payment option. If Airbnb
Payments is unable to collect the Total Price due, as scheduled, Airbnb Payments
will collect the Total Price due at a later point in accordance with Section
5.3. Once the payment for your requested booking is successfully completed, you
will receive a confirmation email.
2.6 Currency. Airbnb Payments will process each transaction in the currency you
select via the Airbnb Platform. The currencies available to make payments may be
limited for regulatory or operational reasons based on factors such as your
selected Payment Method, your country of residence and/or your Airbnb Payments
contracting entity(ies). Any such limitations will be communicated via the
Airbnb Platform, and you will be prompted to select a different currency or
Payment Method. Note that if your Airbnb Payments contracting entity’s location
is different than the country of your Payment Method or your selected currency
is different than your Payment Method's billing currency, your payment may be
processed outside of your country of residence. As a result, certain fees may
apply and the amount listed on your card statement may be different from the
amount shown at checkout. For example, if you make a booking using a U.S. issued
card, but select Euro as your currency, your payment may be processed outside
the U.S., and banks and credit card companies may impose international
transaction fees and foreign exchange fees. In addition, if you select to pay
with a currency that is different than your Payment Method's billing currency,
your bank or credit card company may convert the payment amount to your billing
currency associated with your Payment Method, based on an exchange rate and fee
amount determined solely by your bank. Airbnb Payments is not responsible for
any such fees and disclaims all liability in this regard. Please contact your
bank or credit card company if you have any questions about these fees or the
applicable exchange rate.
2.7 Booking Request Status. If a requested booking is declined because it is not
accepted by the Host, you cancel the booking request before it is accepted by
the Host, or Airbnb cancels the booking, any amounts collected by Airbnb
Payments and due to you pursuant to the policies described in Section 5.5,, will
be refunded to you, and any pre-authorization of your Payment Method will be
released (if applicable) in accordance with Section 5.5.2.
2.8 Payment Restrictions. Airbnb Payments reserves the right to decline or limit
payments that we believe (i) may violate Airbnb Payments’ risk management
policies or procedures, (ii) may violate these Payments Terms or the Terms,
(iii) are unauthorized, fraudulent or illegal; or (iv) expose you, Airbnb,
Airbnb Payments, or others to risks unacceptable to Airbnb Payments.
2.9 Payment Service Providers. Payment Methods may involve the use of
third-party payment service providers. These payment service providers may
charge you additional fees when processing payments in connection with the
Payment Services, and Airbnb Payments is not responsible for any such fees and
disclaims all liability in this regard. Your Payment Method may also be subject
to additional terms of use. Please review them before using your Payment Method.
2.10 Your Payment Method, Your Responsibility. Airbnb Payments is not
responsible for any loss suffered by you as a result of incorrect Payment Method
information provided by you.
2.11 Different Ways to Pay
2.11.1 Payment Plan
2.11.1.1 Airbnb Payments may make available to Guests the option to pay a
portion of the booking’s Total Price at the time of booking and pay the
remainder of the Total Price at a later time prior to check-in (“Payment Plan”).
Availability of this option may depend on the Listing and/or Payment Method.
2.11.1.2 If you choose a Payment Plan, the Airbnb Platform will notify you
during check out of the amount, currency and schedule of each payment due. On
the following payments due date, Airbnb Payments will automatically charge the
original Payment Method you used to make the booking.
2.11.1.3 If you make a modification to a booking made with a Payment Plan,
Airbnb Payments will notify you of the revised payment schedule, as applicable.
If the modification increases your Total Price, you may be required to make an
additional partial payment of the new Total Price at the time of the
modification.
2.11.1.4 You agree that by selecting a Payment Plan, you may not be able to pay
for the booking with a different Payment Method or pursuant to a different
payment schedule.
2.11.1.5 If Airbnb Payments is unable to collect your payment, Airbnb Payments
will notify you of such declined payment, and require you to complete the
payment using an alternative Payment Method within 72 hours of the notice. If
you fail to complete the payment, you authorize Airbnb to cancel the booking on
your behalf. If the booking is canceled, you will be refunded based on the
Host’s cancellation policy. You acknowledge that you may incur fees for
cancellations pursuant to the Host’s cancellation policy.
2.11.2 Recurring Payments
2.11.2.1 For certain bookings (such as for Accommodation bookings of
twenty-eight (28) nights or more), Airbnb Payments may require a Guest to make
recurring, incremental payments toward the Total Price owed (“Recurring
Payments”). More information on Recurring Payments (including the amount and the
frequency of payments) will be made available via the Airbnb Platform if
applicable to a booking.
2.11.2.2 If Recurring Payments apply to a confirmed booking, then the Guest
authorizes Airbnb Payments to collect the Total Price due.
2.11.2.3 Guests may stop a Recurring Payment by notifying Airbnb Payments orally
or in writing at least three (3) business days before the scheduled date of the
payment. Airbnb Payments may require you to give written confirmation of a
stop-payment order within fourteen (14) days of an oral notification. If you
fail to provide written confirmation within those fourteen (14) days, Airbnb
Payments is not obligated to honor your request to stop any future Recurring
Payments. If you have any questions regarding your Recurring Payments, please
contact Airbnb Payments.
3. Host Terms
3.1 Payment Collection. Airbnb Payments generally collects the Total Price of a
booking at the time the Guest’s booking request is accepted by the Host, unless
noted otherwise.
3.2 Valid Payout Method. In order to receive a Payout you must have a valid
Payout Method linked to your Airbnb account. When you add a Payout Method to
your Airbnb account, you will be asked to provide information such as name,
billing address, and financial instrument information either to Airbnb Payments
or its third-party payment processor(s). Depending on the Payout Method selected
additional information may be required, such as: residential address, name on
the account, account type, routing number, account number, email address, payout
currency, identification number and account information associated with a
particular payment processor. Providing requested information is required for a
Payout Method to be valid. The information Airbnb Payments requires for a valid
Payout Method may change, and Airbnb Payments may request additional information
at any time; failing to provide requested information may result in Airbnb
Payments temporarily placing a hold, suspending, or canceling any Payout until
the information is provided and, if necessary, validated. You authorize Airbnb
Payments to collect and store your Payout Method information. Airbnb Payments
may also share your information with governmental authorities as required by
applicable law.
3.3 Timing of Payout
3.3.1 Subject to and conditional upon successful receipt of the payments from
Guest, Airbnb Payments will generally initiate Payouts to your selected Payout
Method: (i) for Accommodations, 24 hours after the Guest’s scheduled check-in
time (or 24 hours after 3:00 pm local time - or 3:00 pm UTC if local time is
unknown - if the check-in time is flexible or not specified); (ii) for
Experiences, 24 hours after the start of the Experience; and (iii) for all other
Host Services, at the time specified via the Airbnb Platform. For Accommodation
bookings of twenty-eight (28) nights or more, Airbnb Payments will generally
initiate the first payout 24 hours after the Guest’s scheduled check-in time,
and will initiate future payouts every 30 days after the initial payout, for the
duration of the reservation.
3.3.2 Airbnb Payments may offer you a different Payout time or trigger for
payment, which may be subject to additional terms and conditions.The time it
takes to receive Payouts once released by Airbnb Payments may depend upon the
Payout Method you select.
3.4 Payout. Your Payout for a booking will be the Total Price less applicable
fees like Airbnb service fees and applicable taxes. In the event of cancellation
of a confirmed booking, Airbnb Payments will remit the amount you are due (if
any) as provided in the Terms and applicable cancellation policy.
3.5 Payout Restrictions. Airbnb Payments may temporarily place a hold, suspend,
or cancel any Payout for purposes of preventing unlawful activity or fraud, risk
assessment, security, or completing an investigation; or if we are unable to
verify your identity, or to obtain or verify requested information. Furthermore,
Airbnb Payments may temporarily place a hold on, suspend, or delay initiating or
processing any Payout due to you under the Terms as a result of high volume
Booking cancellations or modifications arising from a Force Majeure Event (as
defined below).
3.6 Currency Conversion. Airbnb Payments will remit your Payouts in the currency
you select via the Airbnb Platform. The currencies available may be limited for
regulatory or operational reasons based on factors such as your selected Payout
Method, your country of residence, and/or your Airbnb contracting entity(ies).
Any such limitations will be communicated via the Airbnb Platform, and you will
be prompted to select a different currency or Payout Method. Note that payment
service providers may impose transaction, currency conversion or other fees
based on the currency or Payout Method you select, and Airbnb Payments is not
responsible for any such fees and disclaims all liability in this regard.
3.7 Limits on Payouts. For compliance or operational reasons, Airbnb Payments
may limit the amount of a Payout. If you are due an amount above that limit,
Airbnb Payments may make a series of Payouts (potentially over multiple days) in
order to provide your full Payout amount.
3.8 Payment Service Providers. Payout Methods may involve the use of third-party
payment service providers. These service providers may charge you additional
fees when processing Payouts in connection with the Payment Services (including
deducting charges from the Payout amount), and Airbnb Payments is not
responsible for any such fees and disclaims all liability in this regard. Your
Payout Method may also be subject to additional terms of use. Please review them
before using your Payout Method.
3.9 Your Payout Method, Your Responsibility. Airbnb Payments is not responsible
for any loss suffered by you as a result of incorrect Payout Method information
provided by you.
3.10 Different ways to get paid
3.10.1 Split Payouts
If you provide Host Services jointly with one or more other Hosts as part of a
team, business or other organization (“Host Team”), Airbnb may make available to
such Hosts the option to allocate between the members of the Host Team the total
Host Payout for a booking. Airbnb Payments will execute such payments at the
instruction of one or more members of the Host Team and is not responsible for
any losses related to errors or omissions made by the Hosts in providing such
payment instructions.
4. Appointment of Airbnb Payments as Limited Payment Collection Agent
4.1 Each Host, including each Host Team member, hereby appoints Airbnb Payments
as the Host’s payment collection agent solely for the limited purpose of
accepting and processing funds from Guests purchasing Host Services on the
Host’s behalf.
4.2 Each Host, including each Host Team member, agrees that payment made by a
Guest through Airbnb Payments, shall be considered the same as a payment made
directly to the Host, and the Host will provide the Host Service booked by the
Guest in the agreed-upon manner as if the Host has received the payment directly
from the Guest. Each Host agrees that Airbnb Payments may refund the Guest in
accordance with the Terms. Each Host understands that Airbnb Payments’
obligation to pay the Host is subject to and conditional upon successful receipt
of the associated payments from Guest. Airbnb Payments guarantees payments to
Host(s) only for such amounts that have been successfully received by Airbnb
Payments from Guests in accordance with these Payments Terms. In accepting
appointment as the limited payment collection agent of the Host, Airbnb Payments
assumes no liability for any acts or omissions of the Host.
4.3 Each Guest acknowledges and agrees that, notwithstanding the fact that
Airbnb Payments is not a party to the agreement between you and the Host(s),
including each Host Team member, Airbnb Payments acts as each Host’s payment
collection agent for the limited purpose of accepting payments from you on
behalf of the Host(s). Upon a Guest’s payment of the funds to Airbnb Payments,
the Guest’s payment obligation to the Host(s) for the agreed upon amount is
extinguished, and Airbnb Payments is responsible for remitting the funds
successfully received by Airbnb Payments to the Host(s) in the manner described
in these Payments Terms. In the event that Airbnb Payments does not remit any
such amounts, the Host(s) will have recourse only against Airbnb Payments and
not the Guest directly.
5. General Terms
5.1 Fees. Airbnb Payments may charge fees for use of certain Payment Services
and any applicable fees will be disclosed to you in the Terms or via the Airbnb
Platform.
5.2 Payment Authorizations. You authorize Airbnb Payments to collect from you
amounts due pursuant to these Payment Terms and/or the Terms by either (i)
charging the Payment Method associated with the relevant booking, or any other
Payment Method on file that you authorize in your Airbnb account (unless you
have previously removed the authorization to charge such Payment Method(s)), or
(ii) by withholding the amount from your future Payout. Specifically, you
authorize Airbnb Payments to collect from you:
* Any amount due to Airbnb or Airbnb Payments (e.g., as a result of your
bookings, Booking Modifications, cancellations, or other actions as a Guest,
Host or user of the Airbnb Platform), including reimbursement for costs
prepaid by Airbnb or Airbnb Payments on your behalf. Any funds collected by
Airbnb Payments will set off the amount owed by you to Airbnb or Airbnb
Payments and extinguish your obligation to Airbnb or Airbnb Payments.
* Any amount due to a Host from a Guest which Airbnb collects as the Host’s
payment collection agent as further set out in Section 4 above.
* Taxes, where applicable and as set out in the Terms.
* Any amount you pay through the Resolution Center in connection with your
Airbnb account.
* Any Damage Claim amounts owed to Airbnb or Airbnb Payments in accordance with
the Terms and Section 6.
* Overstay penalties payable under the Terms, including any cost and expenses
incurred in collecting the overstay penalty.
* Any service fees or cancellation fees imposed pursuant to the Terms (e.g.,
if, as a Host, you cancel a confirmed booking).
* Any amounts already paid to you as a Host despite a Guest cancelling a
confirmed booking or Airbnb deciding that it is necessary to cancel a booking
in accordance with the Terms, Rebooking and Refund Policy, Experiences Guest
Refund Policy, Luxe Rebooking and Refund Policy, Extenuating Circumstances
Policy, or other applicable cancellation policy. You agree that in the event
you have already been paid, Airbnb Payments will be entitled to recover the
amount of any such guest refund from you, including by subtracting such
refund amount out from any future Payouts due to you.
If you owe an amount at any time after a booking, such as with Payment Plan or
Recurring Payment charges, Booking Modifications, resolution center payments or
Damage Claims (“Additional Amounts”), you hereby authorize and grant Airbnb
Payments a mandate to collect payments for such Additional Amounts by charging
your Payment Method associated with the relevant booking without any further
action on your part. Airbnb Payments will notify you in writing before any
Additional Amounts are charged.
If your Payment Method associated with the relevant booking is expired, invalid
or otherwise not able to be charged for any reason (such as insufficient funds),
you remain responsible for any uncollected amounts and Airbnb Payments may
charge the Payment Method related to your booking again or use any other Payment
Method on file associated with your Airbnb account, if available, to collect
such Additional Amounts. Any amount not collected for any reason will be subject
to any remedies that may be available, including, but not limited to, referral
to a collections agency, or pursuit of available causes of action or claims
against you.
If Airbnb has reason to believe that you as a Host participated in fraudulent
activity, such as an overpayment scam, booking fraud or other fraud, and Airbnb
Payments released the payout for such stay, Airbnb Payments may recoup from you
such amount by reducing, setting off or debiting the amount from any future
Payouts owed to you.
In addition to any amount due as outlined above, if there are amounts which you
owe us but are unpaid or chargebacks associated with your Payment Method, you
may be charged fees that are incidental to Airbnb Payments collection of these
amounts and chargebacks. Such fees or charges may include collection fees,
convenience fees or other third-party charges.
5.3 Collections
5.3.1 If Airbnb Payments is unable to collect any amounts you owe under the
Terms and these Payments Terms, Airbnb Payments may engage in collection efforts
to recover such amounts from you.
5.3.2 Airbnb Payments will deem any owed amounts overdue when: (a) for
authorized charges, one hundred and twenty (120) days have elapsed after Airbnb
Payments first attempts to charge your Payment Method or the associated services
have been provided, whichever is later; and (b) for withholdings from a Host’s
future Payouts, two hundred and seventy (270) days have elapsed after the
adjustment is made to the Host’s Airbnb account or the associated services have
been provided, whichever is later.
5.3.3 Airbnb Payments will deem any overdue amounts not collected to be in
default when three hundred and sixty five (365) days have elapsed: (a) for
authorized charges, after Airbnb Payments first attempts to charge your Payment
Method or the associated services have been provided, whichever is later; and
(b) for withholdings from a Host’s future Payouts, after the adjustment is made
to the Host’s Airbnb account or the associated services have been provided,
whichever is later.
5.3.4 You hereby explicitly agree that all communications in relation to amounts
owed will be made by electronic mail or by phone, as provided to Airbnb and/or
Airbnb Payments by you. Such communications may be made by Airbnb, Airbnb
Payments, or by anyone on their behalf, including but not limited to a
third-party collection agent.
5.4 Payment Processing Errors
5.4.1 Airbnb Payments will take the necessary steps to rectify any payment
processing errors that we become aware of. These steps may include crediting or
debiting (as appropriate) the original Payout Method or Payment Method used or
selected by you, so that you end up receiving or paying the correct amount. This
may be performed by Airbnb Payments or a third party such as your financial
institution. We may also take steps to recover funds sent to you in error
(including but not limited to an event of duplicate payments made to you due to
a processing error), by reducing, setting off and/or debiting the amount of such
funds from any future Payouts owed to you.
5.4.2 To the extent you receive any funds in error, you agree to immediately
return such funds to Airbnb Payments.
5.5 Refunds
5.5.1 Any refunds or credits due to a Member pursuant to the Terms, Extenuating
Circumstances Policy, Rebooking and Refund Policy, Experiences Guest Refund
Policy, and Luxe Rebooking and Refund Policy, will be initiated and remitted by
Airbnb Payments in accordance with these Payments Terms.
5.5.2 Subject to this Section 5.5.2, Airbnb Payments will initiate the refund
process immediately. In the case of a cancellation by a Host, Airbnb Payments
will hold the funds on behalf of the Host for up to 72 hours until the Guest is
either refunded or the funds are used to rebook with another Host. At no point
in time is Airbnb Payments holding the funds on behalf of the Guest or providing
the Guest a payment service. In certain instances, the refund process may
include the option to receive credit in lieu of a cash refund; if this option is
made available to you, the timing of your refund will be communicated via the
Airbnb Platform. However, the time it takes to receive any cash refund or for
any pre-authorization of your Payment Method to be released will vary based on
the Payment Method and any applicable payment system (e.g., Visa, Mastercard,
etc.) rules. In the event of a Force Majeure Event that may affect the
processing and settlement of refunds, Airbnb Payments will initiate and process
the refund as soon as is practicable.
6. Damage Claims and Damage Amounts
6.1 If you are responsible for Damage Claim amounts pursuant to Section 15 of
the Terms, Airbnb via Airbnb Payments may, with your prior authorization, charge
the Payment Method used to make the booking or any other payment method on file
in your Airbnb account at the time of the Damage Claim in order to collect the
Damage Claim amounts, up to a maximum amount as defined in Section 15 of
the Terms.
6.2 You agree that Airbnb Payments may seek to recover from you under any
insurance policies you maintain and that Airbnb Payments may also pursue against
you any remedies it may have available, including, but not limited to, referral
to a collections agency, or pursuit of causes of action or claims against you,
including in relation to any Damage Claim or payment requests made by Hosts
under the Host Damage Protection.
7. Abandoned Property
If Airbnb Payments holds funds due to you (e.g., because we are unable to issue
you a Payout or refund) or you do not use a gift card or gift credit for the
relevant period of time set forth by your state, country, or other governing
body in its unclaimed property laws, we may process the funds due to you in
accordance with our legal obligations, including by reporting and escheating
(sending) such funds to the appropriate governing body as required by applicable
unclaimed property laws.
8. Prohibited Activities
8.1 You are solely responsible for compliance with any and all laws, rules,
regulations, and tax obligations that may apply to your use of the Payment
Services. In connection with your use of the Payment Services, you may not and
you agree that you will not and will not assist or enable others to:
* breach or circumvent any applicable laws or regulations;
* breach or circumvent any agreements with third parties, third-party rights,
or the Terms, Additional Legal Terms, Policies, or Standards;
* use the Payment Services for any commercial or other purposes that are not
expressly permitted by these Payments Terms;
* register or use any Payment Method or Payout Method with your Airbnb account
that is not yours or you do not have authorization to use;
* avoid, bypass, remove, deactivate, impair, descramble, or otherwise
circumvent any technological measure implemented by Airbnb Payments or any of
Airbnb Payments’ providers or any other third party to protect the Payment
Services;
* take any action that damages or adversely affects, or could damage or
adversely affect, the performance or proper functioning of the Payment
Services;
* attempt to decipher, decompile, disassemble, or reverse engineer any of the
software used to provide the Payment Services; or
* violate or infringe anyone else’s rights or otherwise cause harm to anyone.
8.2 You may not use or assist others to use the Payment Services to send or
receive funds: (i) into any United States embargoed countries; or (ii) to anyone
on the U.S. Treasury Department’s list of Specially Designated Nationals, the
U.S. Department of Commerce’s Denied Persons List or Entity List, UK Sanctions
List and HM Treasury Department Consolidated List, United Nations Consolidated
List or European Union Consolidated List. You represent and warrant that: (i)
neither you nor your Host Services are located or take place 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, UK or European Union list of prohibited or restricted
parties. In addition to complying with the above, you must also comply with any
relevant export control laws in your local jurisdiction.
9. Force Majeure
Airbnb Payments shall not be liable for any delay or failure to fulfill any
obligation under these Payments Terms resulting from causes outside the
reasonable control of Airbnb or Airbnb Payments, including, but not limited to,
acts of God, natural disasters, war, terrorism, riots, embargos, acts of civil
or military authorities, fire, floods, accidents, pandemics, epidemics or
disease, strikes or shortages of transportation facilities, fuel, energy, labor
or materials (“Force Majeure Event”).
10. Disclaimers
10.1 If you choose to use the Payment Services, you do so voluntarily and at
your sole risk. To the maximum extent permitted by law, the Payment Services are
provided “as is”, without warranty of any kind, either express or implied.
10.2 Notwithstanding Airbnb Payments’ appointment as the limited payment
collection agent of Hosts pursuant to Section 4, Airbnb Payments explicitly
disclaims all liability for any act or omission of any Member or other third
party. Airbnb Payments does not have any duties or obligations as agent for each
Host except to the extent expressly set forth in these Payments Terms, and any
additional duties or obligations as may be implied by law are, to the maximum
extent permitted by applicable law, expressly excluded.
10.3 If we choose to conduct identity verification on any Member, to the extent
permitted by applicable law, we disclaim warranties of any kind, either express
or implied, that such checks will identify prior misconduct by a Member or
guarantee that a Member will not engage in misconduct in the future.
10.4 The foregoing disclaimers apply to the maximum extent permitted by law. You
may have other statutory rights or warranties which cannot lawfully be excluded.
However, the duration of any statutorily required warranties shall be limited to
the maximum extent (if any) permitted by law.
11. Liability
11.1 If you reside in the UK or Switzerland and contract with Airbnb Payments UK
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 Payment Services
remains with you. If you permit or authorize another person to use your Airbnb
account in any way, you are responsible for the actions taken by that person.
Neither Airbnb Payments nor any other party involved in creating, producing, or
delivering the Payment 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 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 (i)
these Payments Terms, (ii) from the use of or inability to use the Payment
Services, or (iii) from any communications, interactions, or meetings with other
Members or other persons with whom you communicate, interact, transact, or meet
with as a result of your use of the Payment Services, whether based on warranty,
contract, tort (including negligence), product liability, or any other legal
theory, and whether or not Airbnb Payments 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 these Payments Terms or an approved payment request
under the Host Damage Protection, in no event will Airbnb Payments’ aggregate
liability arising out of or in connection with these Payments Terms and your use
of the Payment Services including, but not limited to, from your use of or
inability to use the Payment Services, exceed (i) the amounts you have paid or
owe for bookings via the Airbnb Platform 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 Payments to you in the twelve (12) month period prior
to the event giving rise to the liability, or (ii) one hundred U.S. dollars
(US$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 Payments 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. If you reside outside of the U.S., this does
not affect Airbnb Payments’ liability for death or personal injury arising from
its negligence, nor for fraudulent misrepresentation, misrepresentation as to a
fundamental matter, or any other liability which cannot be excluded or limited
under applicable law.
11.2 If you reside in the EEA and contract with Airbnb Payments Luxembourg,
Section 11.1 does not apply, and Airbnb Payments is liable under statutory
provisions for intent and gross negligence by us, our legal representatives,
directors, or other vicarious agents. The same applies to the assumption of
guarantees or any other strict liability, or in case of a culpable injury to
life, limb, or health. Airbnb Payments is liable for any negligent breaches of
essential contractual obligations by us, our legal representatives, directors,
or other vicarious agents; such liability is limited to the typically occurring
foreseeable damages. Essential contractual obligations are such duties of Airbnb
Payments in whose proper fulfillment you regularly trust and must trust for the
proper execution of the contract. Any additional liability of Airbnb Payments is
excluded to the maximum extent allowed by applicable law.
12. Indemnification
To the maximum extent permitted by applicable law, you agree to release, defend
(at Airbnb Payments’ option), indemnify, and hold Airbnb Payments 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 (i) your breach of these Payments
Terms; (ii) your improper use of the Payment Services; (iii) your failure, or
our failure at your direction, to accurately report, collect or remit taxes; or
(iv) your breach of any laws, regulations, or third-party rights. If your
country of residence is in the EEA, the indemnification obligation according to
this Section 12 only applies if and to the extent that the claims, liabilities,
damages, losses, and expenses have been adequately caused by your culpable
breach of a contractual obligation.
13. Modification, Term, Termination, and other Measures
13.1 Modification. When we propose changes to these Payments Terms, we will post
the revised Payments Terms on the Airbnb Platform and update the “Last Updated”
date at the top of these Payments Terms. We will provide you with notice of the
modification at least two (2) months before the date they become effective. If
the proposed changes to these Payments Terms are material, you will be asked to
explicitly accept the revised Payments Terms. Such notice will also inform you
about your right to reject the proposed changes, the timeframe to do so and your
right to terminate this agreement at any time before the effective date of the
proposed changes as provided in these Payments Terms. In case of (i)
non-material changes to these Payments Terms which do not affect its essential
provisions, in particular, provisions defining the nature and scope of the
Payment Services provided by Airbnb Payments or (ii) changes that are required
by law, a legally binding court decision or binding order of a competent
authority, your continued use of the Payment Services after the effective date
of the proposed changes will constitute acceptance of the revised Payments
Terms.
13.2 Term. This agreement between you and Airbnb Payments reflected by these
Payments Terms is effective when you create an Airbnb account or use the Payment
Services and remains in effect until either you or we terminate this agreement
in accordance with Section 13.3.
13.3 Termination. You may terminate this agreement at any time by sending us an
email or by deleting your Airbnb account. Terminating this agreement will also
serve as notice to cancel your Airbnb account pursuant to the Terms. Without
limiting our rights specified below, Airbnb Payments may terminate this
agreement for convenience at any time by giving you two (2) months’ prior
notice. Airbnb Payments may also terminate this agreement immediately without
notice if (i) you have materially breached your obligations under this
agreement; (ii) you have provided inaccurate, fraudulent, outdated, or
incomplete information; (iii) you have violated applicable laws, regulations, or
third-party rights; or (iv) Airbnb Payments believes in good faith that such
action is reasonably necessary to protect other Members, Airbnb, Airbnb
Payments, or third parties.
13.4 Suspension and Other Measures. Airbnb Payments may limit or temporarily or
permanently suspend your use of or access to the Payment Services (i) to comply
with applicable law, or the order or request of a court, law enforcement, or
other administrative agency or governmental body, (ii) if you have breached
these Payments Terms, the Terms, applicable laws, regulations or third-party
rights, (iii) if you have provided inaccurate, fraudulent, outdated, or
incomplete information regarding a Payment Method or Payout Method, (iv) for any
amounts you owe under these Payments Term that are overdue or in default, or (v)
if Airbnb Payments believes in good faith that such action is reasonably
necessary to protect the personal safety or property of Airbnb, its Members,
Airbnb Payments, or third parties, or to prevent fraud or other illegal
activity. Further, for unsuccessful payment due to card expiration, insufficient
funds, or otherwise, we may temporarily suspend your access to the Payment
Services until we can charge a valid Payment Method.
13.5 Appeal. If Airbnb Payments takes any of the measures described in Section
13.3 and 13.4 you may appeal such a decision by contacting customer service.
13.6 Effect of Termination. If you cancel your Airbnb account as a Host or
Airbnb Payments takes any of the measures described above, Airbnb Payments may
provide a full refund to any Guests with confirmed booking(s), and you will not
be entitled to any compensation for pending or confirmed bookings that were
cancelled. If you cancel your Airbnb account as a Guest, Airbnb Payments will
initiate a refund for any confirmed booking(s) based on the Listing’s
cancellation policy. If your access to or use of the Payment Services has been
suspended or limited or this agreement has been terminated by us, you may not
register a new Airbnb account or attempt to access and use the Payment Services
through an Airbnb account of another Member.
13.7 Survival. Unless your country of residence is in the EEA, Sections 5
through 20 of these Payments Terms shall survive any termination or expiration
of this agreement.
14. Governing Law and Dispute Resolution
14.1 If you are contracting with Airbnb Payments UK, these Payments Terms will
be interpreted in accordance with English law. If you are acting as a consumer
and if mandatory statutory consumer protection regulations in your country of
residence contain provisions that are more beneficial for you, such provisions
shall apply irrespective of the choice of English law. As a consumer, you may
bring any judicial proceedings relating to these Payments Terms before the
competent court of your place of residence or a court in England. If Airbnb
wishes to enforce any of its rights against you as a consumer, we may do so only
in the courts of the jurisdiction in which you are a resident. If you are acting
as a business, you agree to submit to the exclusive jurisdiction of the English
courts.
14.2 If you are contracting with Airbnb Payments Luxembourg, these Payments
Terms will be interpreted in accordance with Luxembourg law. If you are acting
as a consumer and if mandatory statutory consumer protection regulations in your
country of residence contain provisions that are more beneficial for you, such
provisions shall apply irrespective of the choice of Luxembourg law. As a
consumer, you may bring any judicial proceedings relating to these Payments
Terms before the competent court of your place of residence or a court in
Luxembourg. If Airbnb wishes to enforce any of its rights against you as a
consumer, we may do so only in the courts of the jurisdiction in which you are a
resident. If you are acting as a business, you agree to submit to the exclusive
jurisdiction of the Luxembourg courts.
15. United States Arbitration Agreement
15.1 Application. This Arbitration Agreement only applies to you if you are
contracting with Airbnb Payment US. If you are not contracting with Airbnb
Payments US, and you nevertheless attempt to bring any legal claim against
Airbnb Payments in the United States, this Arbitration Agreement will apply for
determination of the threshold issue of whether this Section 15 applies to you,
and all other threshold determinations, including residency, arbitrability,
venue, and applicable law.
15.2 Overview of Dispute Resolution Process. Airbnb Payments is committed to
participating in a consumer-friendly dispute resolution process. To that end,
these Payments Terms provide for a two-part process for individuals to whom this
Section 15 applies: (1) an informal negotiation directly with Airbnb’s customer
service team (described in Section15.3), and if necessary (2) a binding
arbitration administered by the American Arbitration Association (“AAA”). You
and Airbnb Payments each retain the right to seek resolution of the dispute in
small claims court as an alternative to arbitration.
15.3 Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30
days prior to initiating an arbitration, you and Airbnb Payments each agree to
notify the other party of the dispute in writing and attempt in good faith to
negotiate an informal resolution. You must send your notice of dispute to Airbnb
Payments by mailing it to Airbnb Payments’ agent for service: CSC Lawyers
Incorporating Service, 2710 Gateway Oaks Drive, Suite 150N, Sacramento,
California 95833. Airbnb Payments will send its notice of dispute to the email
address associated with your Airbnb account. A notice of dispute must include:
the party’s name and preferred contact information, a brief description of the
dispute, and the relief sought. If the parties are unable to resolve the dispute
within the 30-day period, only then may either party commence arbitration by
filing a written Demand for Arbitration (available at www.adr.org) with the AAA
and providing a copy to the other party as specified in the AAA Rules (available
at www.adr.org).
15.4 Agreement to Arbitrate. You and Airbnb Payments mutually agree that any
dispute, claim or controversy arising out of or relating to these Payments Terms
or the applicability, breach, termination, validity, enforcement or
interpretation thereof, or any use of the Payment Services (collectively,
“Disputes”) will be settled by binding individual arbitration (the “Arbitration
Agreement”). If there is a dispute about whether this Arbitration Agreement can
be enforced or applies to our Dispute, you and Airbnb Payments agree that the
arbitrator will decide that issue.
15.5 Exceptions to Arbitration Agreement. You and Airbnb Payments each agree
that the following causes of action and/or claims for relief are exceptions to
the Arbitration Agreement and will be brought in a judicial proceeding in a
court of competent jurisdiction (as defined by Section 15): (i) any claim or
cause of action seeking emergency injunctive relief based on exigent
circumstances (e.g., imminent danger or commission of a crime, hacking,
cyber-attack); (ii) a request for the remedy of public injunctive relief; or,
(iii) any individual claim of sexual assault or sexual harassment arising from
your use of the Airbnb Platform or Host Services. You and Airbnb Payments agree
that the remedy of public injunctive relief will proceed after the arbitration
of all arbitrable claims, remedies, or causes of action, and will be stayed
pending the outcome of the arbitration pursuant to section 3 of the Federal
Arbitration Act.
15.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a
transaction in interstate commerce and the Federal Arbitration Act governs all
substantive and procedural interpretation and enforcement of this provision. The
arbitration will be administered by the arbitrator in accordance with the
Consumer Arbitration Rules and/or other AAA arbitration rules determined to be
applicable by the AAA (the “AAA Rules”) then in effect, except as modified here.
The AAA Rules are available at www.adr.org. In order to initiate arbitration, a
completed written demand (available at www.adr.org) must be filed with the AAA
and provided to the other party, as specified in the AAA rules.
15.7 Modification to AAA Rules - Arbitration Hearing/Location. In order to make
the arbitration most convenient to you, Airbnb Payments agrees that any required
arbitration hearing may be conducted, at your option: (a) in the U.S county
where you reside; (b) in San Francisco County; (c) via phone or video
conference. If the amount in controversy is $5,000 or less, the parties agree to
proceed solely on the submission of documents to the arbitrator.
15.8 Modification of AAA Rules - Attorney’s Fees and Costs. Your arbitration
fees and your share of arbitrator compensation shall be governed by the AAA
Rules. Either party may make a request that the arbitrator award attorneys’ fees
and costs upon proving that the other party has asserted a claim, cross-claim or
defense that is groundless in fact or law, brought in bad faith or for the
purpose of harassment, or is otherwise frivolous, as allowed by applicable law
and the AAA Rules.
15.9 Arbitrator’s Decision. 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 with proper jurisdiction. The
arbitrator may award any relief allowed by law or the AAA Rules, but declaratory
or injunctive relief may be awarded only on an individual basis and only to the
extent necessary to provide relief warranted by the claimant’s individual claim.
15.10 Jury Trial Waiver. You and Airbnb Payments acknowledge and agree that we
are each waiving the right to a trial by jury as to all arbitrable Disputes.
15.11 No Class Actions or Representative Proceedings. You and Airbnb Payments
acknowledge and agree that, to the fullest extent permitted by law, we are each
waiving the right to participate as a plaintiff or class member in any purported
class action lawsuit, class-wide arbitration, private attorney general action,
or any other representative or consolidated proceeding. Unless we agree in
writing, the arbitrator may not consolidate more than one party’s claims and may
not otherwise preside over any form of any class or representative proceeding.
If there is a final judicial determination that applicable law precludes
enforcement of the waiver contained in this paragraph as to any claim, cause of
action or requested remedy, then that claim, cause of action or requested
remedy, and only that claim, cause of action or requested remedy, will be
severed from this agreement to arbitrate and will be brought in a court of
competent jurisdiction. In the event that a claim, cause of action or requested
remedy is severed pursuant to this paragraph, then you and we agree that the
claims, causes of action or requested remedies that are not subject to
arbitration will be stayed until all arbitrable claims, causes of action and
requested remedies are resolved by the arbitrator.
15.12 Severability. Except as provided in Section 15.11, in the event that any
portion of this Arbitration Agreement is deemed illegal or unenforceable, such
provision shall be severed and the remainder of the Arbitration Agreement will
be given full force and effect.
15.13 Changes to Agreement to Arbitrate. If Airbnb Payments changes this Section
15 after the date you last accepted these Payments Terms (or accepted any
subsequent changes to these Payments Terms), you may reject that change by
sending us written notice (including by email) within thirty (30) days of the
date the change is effective. Rejecting a new change, however, does not revoke
or alter your prior consent to any earlier agreements to arbitrate any Dispute
between you and Airbnb Payments (or your prior consent to any subsequent changes
thereto), which will remain in effect and enforceable as to any Dispute between
you and Airbnb Payments.
15.14 Survival. Except as provided in Section 15.12 and subject to Section 13.7,
this Section 15 will survive any termination of these Payments Terms and will
continue to apply even if you stop using the Payment Services or terminate your
Airbnb account.
16. Miscellaneous
16.1 Interpreting these Payments Terms. Except as they may be supplemented by
additional terms and conditions, policies, guidelines, or standards, these
Payments Terms constitute the entire agreement between Airbnb Payments and you
regarding the subject matter hereof, and supersede any and all prior oral or
written understandings or agreements between Airbnb Payments and you regarding
the Payment Services. If any provision of these Payments Terms is held to be
invalid or unenforceable, such provision will be struck and will not affect the
validity and enforceability of the remaining provisions.
16.2 No Waiver. Airbnb Payments’ failure to enforce any right or provision in
these Payments Terms will not constitute a waiver of such right or provision
unless acknowledged and agreed to by us in writing. Except as expressly set
forth in these Payments Terms, the exercise by either party of any of its
remedies under these Payments Terms will be without prejudice to its other
remedies under these Payments Terms or otherwise permitted under law.
16.3 Assignment. You may not assign, transfer, or delegate this agreement or
your rights and obligations hereunder without Airbnb Payments’ prior written
consent. Airbnb Payments may without restriction assign, transfer, or delegate
this agreement and any rights and obligations, at its sole discretion, with two
(2) months’ prior notice.
16.4 Notices. Unless specified otherwise, any notices or other communications
permitted or required under this agreement, will be in writing and given by
Airbnb Payments via email or Airbnb Platform notification, and depending on your
notification setting, messaging service (including SMS and WeChat). The date of
receipt will be deemed the date on which Airbnb Payments transmits the notice.
16.5 Language. If you are contracting with Airbnb Payments Luxembourg, this
agreement is concluded in the language as applied by the Terms and all
communication undertaken during this contractual relationship shall be made in
that language.
17. Additional Clauses for Users Contracting with Airbnb Payments UK
The following paragraphs will apply if you are contracting with Airbnb Payments
UK:
17.1 Payment Service User
17.1.1 The Payment Services include the payment collection service provided to
Hosts contracting with Airbnb Payments UK. The payment collection service
constitutes a “payment service” regulated under the Payment Services Regulations
and for these purposes Airbnb Payments UK treats Hosts as the “payment service
user.”
17.1.2 By agreeing to these Payments Terms you as a Host have consented to
Airbnb Payments UK’s payment of each Payout to your chosen Payout Method. Hosts
may change a Payout Method up to one (1) day before the time agreed for the
Payout as set out in Section 3.3. Airbnb Payments UK will be deemed to have
received the Host's payment order to the Host on the same date Airbnb Payments
UK agrees to initiate the Payout in accordance with Section 3.3
17.1.3 Airbnb Payments UK will endeavor to ensure that Hosts based in the UK
will receive each Payout by the end of the business day following Airbnb
Payments UK’s initiation of the Payout.
17.1.4 Communication. Airbnb Payments will provide the Host notice via email
when we initiate each Payout. We will also provide notice to a Host’s registered
email address if the Payout is returned to us because of an error. It is your
responsibility as a Host to ensure that you provide us with a current, accurate,
and valid email address.
17.2 Resolution Procedures for Diverted Payouts
17.2.1 If you as a Host believe that a Payout properly due to you has been or
may be diverted without your permission (“Diverted Payout”) because your
password or other credentials to log into your Airbnb account (“Credentials”)
are lost or stolen, you should notify Airbnb Payments UK pursuant to Section 20
immediately. As a Host you may be liable for losses relating to any Diverted
Payout arising from the use of lost, stolen, or misappropriated Credentials
(including the loss of a mobile phone on which you have installed the
Application) or where you have failed to keep your Credentials safe, up to a
maximum of £35. Provided that you notify us of any Diverted Payout without delay
and at the very latest within 13 months of the date of the payment, you may be
entitled to a refund of that payment.
17.2.2 We will not be liable for any loss arising from: (i) Diverted Payouts
where you acted fraudulently or where, with intent or gross negligence, you
failed to use the Airbnb Platform and/or Payment Services in accordance with the
Terms or these Payments Terms (including the obligation to keep your Credentials
safe); (ii) or any payout transaction which we facilitated in accordance with
information provided by you where the information you provided was incorrect.
17.2.3 If you as Host claim not to have received a Payout properly due to you
via your chosen Payout Method, Airbnb Payments UK will (if requested) make
immediate efforts to trace the payment and will notify you of the outcome.
Unless we can prove that the payment was received by you via your chosen Payout
Method, we will refund the amount.
17.2.4 Any complaints about the Payment Services should be made to Airbnb
Payments UK pursuant to Section 20. Complaints that are made in accordance with
this section that relate to the provision of Payment Services by Airbnb Payments
UK will be eligible for referral to the Financial Ombudsman and will be subject
to the Rules of the Financial Ombudsman Service. The UK Financial Ombudsman
Service offers a free complaints resolution service to individuals,
micro-enterprises, small charities, and trustees of small trusts. You can
contact the UK Financial Ombudsman by (i) telephone from inside the UK: 0300 123
9123 or 0800 023 4567; from other countries: +44 20 7964 0500, on Monday to
Friday, 8am to 8pm and on Saturday 9am to 1pm; (ii) post: Financial Ombudsman
Service, Exchange Tower, London, E14 9SR; or (iii) email:
enquiries@financial-ombudsman.org.uk. The UK Financial Ombudsman Service is also
available in a number of different languages and if you need it you will be put
in touch with a translator when you contact the UK Financial Ombudsman Service.
18. Additional Clauses for Users Contracting with Airbnb Payments Luxembourg
The following paragraphs will apply if you are contracting with Airbnb Payments
Luxembourg:
18.1 Payment Service User
18.1.1 The Payment Services include the payment service provided to Hosts
contracting with Airbnb Payments Luxembourg. The Payment Services constitute
“payment services” regulated under the modified Law of 10 November 2009 on
payment services (“Law of 2009”) and for these purposes Airbnb Payments
Luxembourg treats Hosts as the “payment service user” according to the Law of
2009.
18.1.2 By agreeing to these Payments Terms you as Host have consented to Airbnb
Payments Luxembourg’s payment of each Payout to your chosen Payout Method. Hosts
may change a Payout Method up to one (1) day before the time agreed for the
Payout as set out in Section 3.3. Airbnb Payments Luxembourg will be deemed to
have received the Host's payment order to the Host on the same date Airbnb
Payments Luxembourg agrees to initiate the Payout in accordance with Section
3.3.
18.1.3 In the relation between you and Airbnb Payments Luxembourg, the legal
provisions relating to the form of and procedure for giving consent to the
initiation of a payment order or the execution of a payment transaction and the
withdrawal of such consent such as Articles 81 and 93 of the Law 2009 on payment
services shall apply at any time.
18.1.4 Airbnb Payments Luxembourg will endeavor to ensure that Hosts based in
the EEA will receive each Payout by the end of the business day following Airbnb
Payments Luxembourg’s initiation of the Payout.
18.1.5 Communication. Airbnb Payments will provide the Host notice via email
when we initiate each Payout. We will also provide notice to a Host’s registered
email address if the Payout is returned to us because of an error. It is your
responsibility as a Host to ensure that you provide us with a current, accurate,
and valid email address.
18.2 Resolution Procedures for Diverted Payouts
18.2.1 If you as a Host believe that a Payout is a Diverted Payout because your
Credentials are lost or stolen or in case of an unauthorized, incorrectly
initiated or incorrectly executed payment transaction, you should notify Airbnb
Payments Luxembourg pursuant to Section 20 immediately. As a Host you may be
liable for losses relating to any Diverted Payout arising from the use of lost,
stolen, or misappropriated Credentials (including the loss of a mobile phone on
which you have installed the Application) or where you have failed to keep your
Credentials safe, up to a maximum of 50€. Provided that you notify us of any
Diverted Payout without delay and at the very latest within 13 months following
the debit date, you may be entitled to a refund of that payment.
18.2.2 We will not be liable for any loss arising from: (i) Diverted Payouts
where you acted fraudulently or where, with intent or gross negligence, you
failed to use the Airbnb Platform and/or Payment Services in accordance with the
Terms or these Payments Terms (including the obligation to keep your Credentials
safe); (ii) or any payout transaction which we facilitated in accordance with
information provided by you where the information you provided was incorrect.
18.2.3 If you as Host claim not to have received a Payout properly due to you
via your chosen Payout Method, Airbnb Payments Luxembourg will (if requested)
make immediate efforts to trace the payment and will notify you of the outcome.
Unless we can prove that the payment was received by you via your chosen Payout
Method, we will refund the amount.
18.3 Out-of-court complaints
Any complaint, namely relating to any loss, theft, misappropriation or
unauthorized use in connection with the Payment Services, or unauthorized or
erroneous transactions should be made in writing to Airbnb Payments Luxembourg
pursuant to Section 20.
In case you did not receive an answer or a satisfactory answer from Airbnb
Payments Luxembourg within one month from the date the complaint was sent, you
may file your request with the supervisory authority of Airbnb Payments
Luxembourg, the CSSF (as defined in Section 20) within one year after you filed
your complaint with Airbnb Payments Luxembourg. The CSSF will act as an
out-of-court complaint resolution body. The request must be filed with the CSSF
in writing, by post or by fax to the CSSF or by email to the address/number
available on the CSSF website, or online on the CSSF website. The request shall
be filed in English, French, German or Luxembourgish. The request shall be
supported by a statement of the reasons on which it is based together with the
following documents:
* a detailed and chronological statement of the facts underlying the complaint
and the steps already taken by you;
* a copy of the prior complaint made to Airbnb Payments Luxembourg;
* a copy of the answer to the prior complaint or the confirmation that you did
not receive an answer one month after you sent your prior complaint;
* the statement that you did not refer the matter to a court, an arbitrator or
another out-of-court complaint resolution body in Luxembourg or abroad;
* your agreement with the request handling conditions of the CSSF as body
responsible for the out-of-court resolution of your complaint;
* your express authorization so that the CSSF can transmit its request
(including the attachments) as well as any future correspondence or
information to Airbnb Payments Luxembourg;
* in the case where a person acts on your behalf, a document showing that the
person is legally entitled to act so; and
* a copy of your valid ID document.
18.4. For Guests with France As Country of Residence.
Notwithstanding anything to the contrary in the Payments Terms, for the
avoidance of any doubt, in connection with Guests who reside in France, the
Total Price, installments or periodic payments, including Recurring Payments,
collected by Airbnb Payments from such Guest are down payments (“acomptes”)
within the meaning of French law.
18.5 Outsourcing.
We use a variety of service providers (some belonging to the Airbnb group and
some being third party service providers) in the context of outsourcing
arrangements to help us provide our services in an efficient and qualitative
manner. The use of such service providers requires that we transfer or make
available some data to them. You agree to such outsourcing arrangements and
instruct us to transfer or make accessible data (as further defined below)
concerning you and, where relevant, concerning persons linked to you (provided
in connection with your Airbnb account) such as your beneficial owners and
representatives, to a number of service providers in the context of outsourcing
arrangements regarding technical (including IT), operational, payment
processing, internal control, customer due diligence (including background or
police checks), fraud prevention, risk assessment, product development,
maintenance and debugging, advertising, processing of insurance claims, customer
support and other services. The data to be transferred or made available
includes, if you are an individual, your surname, first name, address, date and
place of birth and nationality, and if you are a legal entity your corporate
name, registered office, legal form, registration number for legal entities, as
well as the aforementioned data on individuals for your beneficial owners and
representatives. The data to be transferred or made available includes also for
any person its contact details such as phone numbers and e-mail addresses as
well as financial data and usage data in relation to our services (including
payment method, payout method, payment transaction). The recipients of the data
are located in the United States, the United Kingdom, Ireland, India,
Luxembourg, Netherlands, Germany and Spain, as well as other countries in
Europe, Asia Pacific and North and South America. Such data transfers will take
place throughout the term of the business relationship between us and you as
well as for an additional period as permitted by law after the end of the
business relationship. You acknowledge that the transferred data is no longer
protected by Luxembourg professional secrecy after its transfer.
19. Additional Clauses for Users that are Businesses
The following paragraphs also apply if you are using the Payment Services as a
representative (“Representative”) acting on behalf a business, company or other
legal entity (in such event, for purposes of the Payments Terms, “you” and
“your” will refer and apply to that business, company or other legal entity).
19.1 You accept the Payments Terms and you will be responsible for any act or
omission of employees or third-party agents using the Payment Service on your
behalf.
19.2 You and your Representative individually affirm that you are authorized to
provide the information described in Section 2.1 and Section 3.2 and your
Representative has the authority to bind you to these Payments Terms. We may
require you to provide additional information or documentation demonstrating
your Representative’s authority.
19.3 You represent and warrant to us that: (i) you are duly organized, validly
existing and in good standing under the laws of the country in which your
business is registered and that you are registering for receiving the Payment
Services; and (ii) you have all requisite right, power, and authority to enter
into this agreement, perform your obligations, and grant the rights, licenses,
and authorizations in this agreement.
19.4 If you are using your Payment Method for the benefit of your employees or
other authorized third-party in connection with Airbnb for Work, as permitted by
your account, you authorize Airbnb Payments to charge your Payment Method for
bookings requested by employees at your company or other permitted third-party.
19.5 For any Payout Method linked to your Airbnb account, you authorize Airbnb
Payments to store the Payout Method, remit payments using the Payout Method for
bookings associated with your Airbnb account and take any other action as
permitted in the Payments Terms in respect of the Payout Method.
19.6 If you handle, store or otherwise process payment card information on
behalf of anyone or any third-party, you agree to comply on an ongoing basis
with applicable data privacy and security requirements under the current Payment
Card Industry Data Security Standard with regards to the use, access, and
storage of such credit card information. For additional information, including
tools to help you assess your compliance, see https://www.visa.com/cisp and
https://www.mastercard.com/sdp.
20. Contacting Airbnb Payments
You may contact Airbnb Payments regarding the Payment Services using the
information below:
EntityContact Information Airbnb Payments UK Ltd.
Please contact Airbnb Customer Service if you need assistance with updating your
personal or business information.
If you would like to make a complaint, please write to us at:
100 New Bridge Street
London, EC4V 6JA
United Kingdom
or via email to:
complaints.payments@airbnb.com
or call us on:
+44 203 318 1111
Company Number: 09392688
Airbnb Payments UK Limited is authorised and regulated by the Financial Conduct
Authority as an Electronic Money Institution with reference number 900596.
Airbnb Payments
Luxembourg S.A.
Please contact Airbnb Customer Service if you need assistance with updating your
personal or business information.
If you would like to make a complaint, please write to us at:
4, rue Henri Schnadt
L-2530 Luxembourg, Luxembourg
or via email to:
APLComplaints@airbnb.com
Airbnb Payments Luxembourg S.A. is authorised and regulated by the Commission de
Surveillance du Secteur Financier (“CSSF”) with reference number Z21,
established at 283, route d’Arlon, L-1150 Luxembourg (Tel.: (+352) 26 25 1 – 1).
You can find more information about the CSSF on its website at
https://www.cssf.lu.
Airbnb Payments will provide a copy of these Payments Terms on request. If you
have any questions about these Payments Terms, please email us.
--------------------------------------------------------------------------------
PAYMENTS TERMS OF SERVICE FOR NON-EUROPEAN USERS
If you reside in, or the organization you are acting for is established in, the
United States, the arbitration agreement and class actions waiver in Section 15
apply to you. Please read them carefully.
Last Updated: 25. januar 2023
These Payments Terms of Service for Non-European Users (“Payments Terms”) are a
binding legal agreement between you and Airbnb Payments that govern the Payment
Services (defined below) conducted through or in connection with the Airbnb
Platform. When these Payments Terms mention “Airbnb Payments,” “we,” “us,” or
“our,” it refers to the Airbnb Payments company you are contracting with for
Payment Services.
Airbnb Payments provides payments services to Members publishing, offering and
booking Accommodations, Experiences or other Host Services, including services
in connection with the Open Homes Program and other current and future services
provided via the Airbnb Platform. These payment services may include (if
available) the following (collectively, “Payment Services”):
* Collecting payments from Guests (“Payin”), by charging the payment method
associated with their Airbnb account, such as credit card, debit card, bank
account or PayPal account (“Payment Method”);
* Effecting payments to Hosts (“Payout”) to a financial instrument associated
with their Airbnb account, such as a PayPal account, bank account, a prepaid
card, or a debit card (“Payout Method”);
* Effecting payments to a third-party Payout Method designated by a Host;
* Collection and payment of charitable donations;
* Payment collection services; and
* Other payment related services in connection with Host Services.
In order to use the Payment Services, you must be at least 18 years old, must
have an Airbnb account in good standing in accordance with the Airbnb Terms of
Service (“Terms”), and must keep your payment and personal information accurate
and complete.
Payment Services will be provided by the contracting entity based on your
country of residence subject to any exceptions described below:
Country of residenceContracting entityUnited StatesAirbnb Payments, Inc.
(“Airbnb Payments US”)China (for purposes of these Payments Terms does not
include Hong Kong, Macau and Taiwan) (hereinafter “China”)Airbnb Internet
(Beijing) Co., Ltd. (“Airbnb China”) except:
* when you book a Host Service outside of China; or
* when you create a Listing located outside of China; or
* when you book a Listing in China with a Host who is not a resident of China,
in which cases you are contracting with Airbnb Payments UK Ltd. ("Airbnb
Payments UK")IndiaAirbnb Payments India Pvt. Ltd. (“Airbnb Payments India”)
except:
* when you book a Host Service outside of India; or
* when you create a Listing outside of India,
in which case you are contracting with Airbnb Payments UK. Notwithstanding
anything to the contrary in this table, if you create a Listing in India, the
following rules apply:
* if you accept a booking from a Guest who is a resident of India, regardless
of your country of residence, you are contracting with Airbnb Payments India;
and
* if you accept a booking from a Guest who is not a resident of India,
regardless of your country of residence, you are contracting with Airbnb
Payments UK.
AustraliaAirbnb Payments UK except:
* when you book a Host Service, in which case you are contracting with Airbnb
Payments Australia Pty. Ltd. (“Airbnb Payments Australia”)
BrazilAirbnb Plataforma Digital Ltda. ("Airbnb Brazil")All other countriesAirbnb
Payments UK
If you change your country of residence, the Airbnb company you contract with
and the applicable version of the Payment Terms will be determined by your new
country of residence from the date on which your country of residence changes.
Please note, however, that the Airbnb Payments company with whom you contract
will stay the same for all bookings made prior to your change of residence.
The Terms separately govern your use of the Airbnb Platform. If you see an
undefined term in these Payment Terms, it has the same definition as in the
Terms.
TABLE OF CONTENTS
1. Your use of the Payment Services
2. Guest Terms
3. Host Terms
4. Appointment of Airbnb Payments as Limited Payment Collection Agent
5. General Terms
6. Damage Claims and Damage Amounts
7. Abandoned Property
8. Prohibited Activities
9. Force Majeure
10. Disclaimers
11. Liability
12. Indemnification
13. Modification, Term, Termination, and other Measures
14. Governing Law and Dispute Resolution
15. United States Arbitration Agreement
16. Miscellaneous
17. Additional Clauses for Users Contracting with Airbnb Payments UK
18. Additional Clauses for Users Contracting with Airbnb Brazil
19. Additional Clauses for Users Contracting with Airbnb China
20. Additional Clauses for Users that are Businesses
21. Contacting Airbnb Payments
1. Your use of the Payment Services
1.1 Airbnb Payment Services. By using the Payments Services, you agree to comply
with these Payments Terms. Airbnb Payments may temporarily limit or suspend your
access to or use of the Payment Services, or its features, to carry out
maintenance measures that ensure the proper functioning of the Payment Services.
Airbnb Payments may improve, enhance and modify the Payment Services and
introduce new Payment Services from time to time. Airbnb Payments will provide
notice to Members of any changes to the Payment Services, unless such changes do
not materially increase the Members’ contractual obligations or decrease the
Members’ rights under these Payments Terms.
1.2 Third Party Services. The Payment Services may contain links to third-party
websites or resources (“Third-Party Services”). Such Third-Party Services are
subject to different terms of service and privacy policies, and Members should
review them. Airbnb Payments is not responsible or liable for the use of such
Third-Party Services. Links to any Third-Party Services are not an endorsement
by Airbnb Payments of those Third-Party Services.
1.3 Your Airbnb Account. Airbnb Payments may enable features that allow you to
authorize other Members or third parties to take certain actions that affect
your Airbnb account. You may authorize a third party to use your Airbnb account
if the feature is enabled for your Airbnb account. You acknowledge and agree
that anyone you authorize to use your Airbnb account may use the Payment
Services on your behalf and that you will be responsible for any payments made
by such person.
1.4 Verification. You authorize Airbnb Payments, directly or through third
parties, to make any inquiries we consider necessary to verify your identity and
information you provide. This may include (i) screening you against third-party
databases or other sources, (ii) requesting reports from service providers,
(iii) asking you to provide a form of government identification (e.g., driver’s
license or passport), your date of birth, your address, and other information;
or (iv) requiring you to take steps to confirm ownership of your email address,
Payment Method(s) or Payout Method(s). Airbnb Payments reserves the right to
terminate, suspend, or limit access to the Payment Services in the event we are
unable to obtain or verify any of this information.
1.5 Additional Terms. Your access to or use of certain Payment Services may be
subject to, or require you to accept, additional terms and conditions. If there
is a conflict between these Payments Terms and terms and conditions applicable
to a specific Payment Service, the latter terms and conditions will take
precedence with respect to your use of or access to that Payment Service, unless
specified otherwise.
2. Guest Terms
2.1 Adding a Payment Method. When you add a Payment Method to your Airbnb
account, you will be asked to provide billing information such as name, billing
address, and financial instrument information either to Airbnb Payments or its
third-party payment processor(s). You authorize Airbnb Payments and its payment
service providers to collect and store your Payment Method information.
2.2 Payment Method Verification. When you add or use a new Payment Method,
Airbnb Payments may verify the Payment Method by (i) authorizing your Payment
Method for one or two nominal amounts via a payment service provider, and asking
you to confirm those amounts, or (ii) requiring you to upload a billing
statement. We may, and retain the right to, initiate refunds of these amounts
from your Payment Method. When you add a Payment Method during checkout, we will
automatically save and add that Payment Method to your Airbnb account so it can
be used for a future transaction. You may not remove the Payment Method
associated with a reservation during the period commencing from the date of your
booking and ending fourteen (14) days following your check-out date, nor during
any additional period of time needed to resolve any outstanding Damage Claim
associated with such booking.
2.3 Payment Authorization. You allow Airbnb Payments to charge your Payment
Method (including charging more than one payment method), either directly or
indirectly, for all fees due (including any applicable taxes) in connection with
your Airbnb account, including Damage Claim amounts in accordance with the Terms
and with Section 6.
2.4 Automatic Update of Payment Method. If your Payment Method’s account
information changes (e.g., account number, routing number, expiration date) as a
result of re-issuance or otherwise, we may acquire that information from our
financial services partners or your bank and automatically update your Payment
Method on file.
2.5 Timing of Payment. Airbnb Payments generally charges the Total Price due
after the Host accepts your booking request. However, if you pay with a push
Payment Method (such as Sofort), Airbnb Payments will collect the Total Price
due at the time of your booking request or after the Host accepts your booking
request. Airbnb Payments may offer alternative options for the timing and manner
of payment. Any additional fees for using those alternative payment options will
be displayed via the Airbnb Platform and included in the Total Price, and you
agree to pay such fees by selecting the payment option. Additional terms and
conditions may apply for the use of an alternative payment option. If Airbnb
Payments is unable to collect the Total Price due, as scheduled, Airbnb Payments
will collect the Total Price due at a later point in accordance with Section
5.3. Once the payment for your requested booking is successfully completed, you
will receive a confirmation email.
2.6 Currency. Airbnb Payments will process each transaction in the currency you
select via the Airbnb Platform. The currencies available to make payments may be
limited for regulatory or operational reasons based on factors such as your
selected Payment Method, your country of residence, and/or your Airbnb Payments
contracting entity(ies). Any such limitations will be communicated via the
Airbnb Platform, and you will be prompted to select a different currency or
Payment Method. Note that if your Airbnb Payments contracting entity’s location
is different than the country of your Payment Method, or your selected currency
is different than your Payment Method's billing currency, your payment may be
processed outside of your country of residence. As a result, certain fees may
apply and the amount listed on your card statement may be different from the
amount shown at checkout. For example, if you make a booking using a U.S. issued
card, but select Euro as your currency, your payment may be processed outside
the U.S., and banks and credit card companies may impose international
transaction fees and foreign exchange fees. In addition, if you select to pay
with a currency that is different than your Payment Method's billing currency,
your bank or credit card company may convert the payment amount to your billing
currency associated with your Payment Method, based on an exchange rate and fee
amount determined solely by your bank. Airbnb Payments is not responsible for
any such fees and disclaims all liability in this regard. Please contact your
bank or credit card company if you have any questions about these fees or the
applicable exchange rate.
2.7 Booking Request Status. If a requested booking is declined because it is not
accepted by the Host, you cancel the booking request before it is accepted by
the Host, or Airbnb cancels the booking, any amounts collected by Airbnb
Payments and due to you pursuant to the policies described in Section 5.5, will
be refunded to you, and any pre-authorization of your Payment Method will be
released (if applicable) in accordance with Section 5.5.2
2.8 Payment Restrictions. Airbnb Payments reserves the right to decline or limit
payments that we believe (i) may violate Airbnb Payments’ risk management
policies or procedures, (ii) may violate these Payments Terms or the Terms,
(iii) are unauthorized, fraudulent or illegal; or (iv) expose you, Airbnb,
Airbnb Payments, or others to risks unacceptable to Airbnb Payments.
2.9 Payment Service Providers. Payment Methods may involve the use of
third-party payment service providers. These payment service providers may
charge you additional fees when processing payments in connection with the
Payment Services, and Airbnb Payments is not responsible for any such fees and
disclaims all liability in this regard. Your Payment Method may also be subject
to additional terms of use. Please review them before using your Payment Method.
2.10 Your Payment Method, Your Responsibility. Airbnb Payments is not
responsible for any loss suffered by you as a result of incorrect Payment Method
information provided by you.
2.11 Different Ways to Pay
2.11.1 Payment Plan
2.11.1.1 Airbnb Payments may make available to Guests the option to pay a
portion of the booking’s Total Price at the time of booking and pay the
remainder of the Total Price at a later time prior to check-in (“Payment Plan”).
Availability of this option may depend on the Listing and/or Payment Method.
2.11.1.2 If you choose a Payment Plan, the Airbnb Platform will notify you
during check out of the amount, currency and schedule of each payment due. On
the following payments due date, Airbnb Payments will automatically charge the
original Payment Method you used to make the booking.
2.11.1.3 If you make a modification to a booking made with a Payment Plan,
Airbnb Payments will notify you of the revised payment schedule, as applicable.
If the modification increases your Total Price, you may be required to make an
additional partial payment of the new Total Price at the time of the
modification.
2.11.1.4 You agree that by selecting a Payment Plan, you may not be able to pay
for the booking with a different Payment Method or pursuant to a different
payment schedule.
2.11.1.5 If Airbnb Payments is unable to collect your payment, Airbnb Payments
will notify you of such declined payment, and require you to complete the
payment using an alternative Payment Method within 72 hours of the notice. If
you fail to complete the payment, you authorize Airbnb to cancel the booking on
your behalf. If the booking is canceled, you will be refunded based on the
Host’s cancellation policy. You acknowledge that you may incur fees for
cancellations pursuant to the Host’s cancellation policy.
2.11.2 Recurring Payments
2.11.2.1 For certain bookings (such as for Accommodation bookings of
twenty-eight (28) nights or more), Airbnb Payments may require a Guest to make
recurring, incremental payments toward the Total Price owed (“Recurring
Payments”). More information on Recurring Payments (including the amount and the
frequency of payments) will be made available via the Airbnb Platform if
applicable to a booking.
2.11.2.2 If Recurring Payments apply to a confirmed booking, then the Guest
authorizes Airbnb Payments to collect the Total Price due.
2.11.2.3 Guests may stop a Recurring Payment by notifying Airbnb Payments orally
or in writing at least three (3) business days before the scheduled date of the
payment. Airbnb Payments may require you to give written confirmation of a
stop-payment order within fourteen (14) days of an oral notification. If you
fail to provide written confirmation within those fourteen (14) days, Airbnb
Payments is not obligated to honor your request to stop any future Recurring
Payments. If you have any questions regarding your Recurring Payments, please
contact Airbnb Payments.
3. Host Terms
3.1 Payment Collection. Airbnb Payments generally collects the Total Price of a
booking at the time the Guest’s booking request is accepted by the Host, unless
noted otherwise.
3.2 Valid Payout Method. In order to receive a Payout you must have a valid
Payout Method linked to your Airbnb account. When you add a Payout Method to
your Airbnb account, you will be asked to provide information such as name,
government identification, tax ID, billing address, and financial instrument
information either to Airbnb Payments or its third-party payment processor(s).
Depending on the Payout Method selected additional information may be required,
such as: residential address, name on the account, account type, routing number,
account number, email address, payout currency, identification number and
account information associated with a particular payment processor. Providing
requested information is required for a Payout Method to be valid. The
information Airbnb Payments requires for a valid Payout Method may change, and
Airbnb Payments may request additional information at any time; failing to
provide requested information may result in Airbnb Payments temporarily placing
a hold, suspending, or canceling any Payout until the information is provided
and, if necessary, validated. You authorize Airbnb Payments to collect and store
your Payout Method information. Airbnb Payments may also share your information
with governmental authorities as required by applicable law.
3.3 Timing of Payout
3.3.1 Subject to and conditional upon successful receipt of the payments from
Guest, Airbnb Payments will generally initiate Payouts to your selected Payout
Method: (i) for Accommodations, 24 hours after the Guest’s scheduled check-in
time (or 24 hours after 3:00 pm local time - or 3:00 pm UTC if local time is
unknown - if the check-in time is flexible or not specified); (ii) for
Experiences, 24 hours after the start of the Experience; and (iii) for all other
Host Services, at the time specified via the Airbnb Platform. For Accommodation
bookings of twenty-eight (28) nights or more, Airbnb Payments will generally
initiate the first payout 24 hours after the Guest’s scheduled check-in time,
and will initiate future payouts every 30 days after the initial payout, for the
duration of the reservation.
3.3.2 Airbnb Payments may offer you a different Payout time or trigger for
payment, which may be subject to additional terms and conditions. The time it
takes to receive Payouts once released by Airbnb Payments may depend upon the
Payout Method you select.
3.4 Payout. Your Payout for a booking will be the Total Price less applicable
fees like Airbnb service fees and applicable taxes. In the event of cancellation
of a confirmed booking, Airbnb Payments will remit the amount you are due (if
any) as provided in the Terms and applicable cancellation policy.
3.5 Payout Restrictions. Airbnb Payments may temporarily place a hold, suspend,
or cancel any Payout for purposes of preventing unlawful activity or fraud, risk
assessment, security, or completing an investigation; or if we are unable to
verify your identity, or to obtain or verify requested information. Furthermore,
Airbnb Payments may temporarily place a hold on, suspend, or delay initiating or
processing any Payout due to you under the Terms as a result of high volume
Booking cancellations or modifications arising from a Force Majeure Event (as
defined below).
3.6 Currency Conversion. Airbnb Payments will remit your Payouts in the currency
you select via the Airbnb Platform. The currencies available may be limited for
regulatory or operational reasons based on factors such as your selected Payout
Method, your country of residence, and/or your Airbnb contracting entity(ies).
Any such limitations will be communicated via the Airbnb Platform, and you will
be prompted to select a different currency or Payout Method. Note that payment
service providers may impose transaction, currency conversion or other fees
based on the currency or Payout Method you select, and Airbnb Payments is not
responsible for any such fees and disclaims all liability in this regard.
3.7 Limits on Payouts. For compliance or operational reasons, Airbnb Payments
may limit the amount of a Payout. If you are due an amount above that limit,
Airbnb Payments may make a series of Payouts (potentially over multiple days) in
order to provide your full Payout amount.
3.8 Payment Service Providers. Payout Methods may involve the use of third-party
payment service providers. These payment service providers may charge you
additional fees when processing Payouts in connection with the Payment Services
(including deducting charges from the Payout amount), and Airbnb Payments is not
responsible for any such fees and disclaims all liability in this regard. Your
Payout Method may also be subject to additional terms of use. Please review them
before using your Payout Method.
3.9 Handling of Funds. Airbnb Payments may combine amounts that it collects from
Guests and invest them as permitted under applicable laws. Airbnb Payments will
retain any interest it earns on those investments.
3.10 Your Payout Method, Your Responsibility. Airbnb Payments is not responsible
for any loss suffered by you as a result of incorrect Payout Method information
provided by you.
3.11 Different ways to get paid
3.11.1 Split Payouts
If you provide Host Services jointly with one or more other Hosts as part of a
team, business or other organization (“Host Team”), Airbnb may make available to
such Hosts the option to allocate between the members of the Host Team the total
Host Payout for a booking. Airbnb Payments will execute such payments at the
instruction of one or more members of the Host Team and is not responsible for
any losses related to errors or omissions made by the Hosts in providing such
payment instructions.
4. Appointment of Airbnb Payments as Limited Payment Collection Agent
4.1 Each Host, including each Host Team member, hereby appoints Airbnb Payments
as the Host’s payment collection agent solely for the limited purpose of
accepting and processing funds from Guests purchasing Host Services on the
Host’s behalf.
4.2 Each Host, including each Host Team member, agrees that payment made by a
Guest through Airbnb Payments, shall be considered the same as a payment made
directly to the Host, and the Host will provide the Host Service booked by the
Guest in the agreed-upon manner as if the Host has received the payment directly
from the Guest. Each Host agrees that Airbnb Payments may refund the Guest in
accordance with the Terms. Each Host understands that Airbnb Payments’
obligation to pay the Host is subject to and conditional upon successful receipt
of the associated payments from Guest. Airbnb Payments guarantees payments to
Host(s) only for such amounts that have been successfully received by Airbnb
Payments from Guests in accordance with these Payments Terms. In accepting
appointment as the limited payment collection agent of the Host, Airbnb Payments
assumes no liability for any acts or omissions of the Host.
4.3 Each Guest acknowledges and agrees that, notwithstanding the fact that
Airbnb Payments is not a party to the agreement between you and the Host(s),
including each Host Team member, Airbnb Payments acts as each Host’s payment
collection agent for the limited purpose of accepting payments from you on
behalf of the Host(s). Upon a Guest’s payment of the funds to Airbnb Payments,
the Guest’s payment obligation to the Host(s) for the agreed upon amount is
extinguished, and Airbnb Payments is responsible for remitting the funds
successfully received by Airbnb Payments to the Host(s) in the manner described
in these Payments Terms. In the event that Airbnb Payments does not remit any
such amounts, the Host(s) will have recourse only against Airbnb Payments and
not the Guest directly.
This Section 4 is subject to exceptions provided in Section 19.2 for Hosts,
including each Host Team member, contracting with Airbnb China.
5. General Terms
5.1 Fees. Airbnb Payments may charge fees for use of certain Payment Services
and any applicable fees will be disclosed to you in the Terms or via the Airbnb
Platform.
5.2 Payment Authorizations. You authorize Airbnb Payments to collect from you
amounts due pursuant to these Payment Terms and/or the Terms by either (i)
charging the Payment Method associated with the relevant booking, or any other
Payment Method on file that you authorize in your Airbnb account (unless you
have previously removed the authorization to charge such Payment Method(s)), or
(ii) by withholding the amount from your future Payout. Specifically, you
authorize Airbnb Payments to collect from you:
* Any amount due to Airbnb or Airbnb Payments (e.g., as a result of your
bookings, Booking Modifications, cancellations, or other actions as a Guest,
Host or user of the Airbnb Platform), including reimbursement for costs
prepaid by Airbnb or Airbnb Payments on your behalf. Any funds collected by
Airbnb Payments will set off the amount owed by you to Airbnb or Airbnb
Payments and extinguish your obligation to Airbnb or Airbnb Payments.
* Any amount due to a Host from a Guest which Airbnb collects as the Host’s
payment collection agent as further set out in Section 4 above.
* Taxes, where applicable and as set out in the Terms.
* Any amount you pay through the Resolution Center in connection with your
Airbnb account.
* Any Damage Claim amounts owed to Airbnb or Airbnb Payments in accordance with
the Terms and Section 6.
* Overstay penalties payable under the Terms, including any cost and expenses
incurred in collecting the overstay penalty.
* Any service fees or cancellation fees imposed pursuant to the Terms (e.g.,
if, as a Host, you cancel a confirmed booking).
* Any amounts already paid to you as a Host despite a Guest canceling a
confirmed booking or Airbnb deciding that it is necessary to cancel a booking
in accordance with the Terms, Rebooking and Refund Policy, Experiences Guest
Refund Policy, Extenuating Circumstances Policy, Luxe Rebooking and Refund
Policy, or other applicable cancellation policy. You agree that in the event
you have already been paid, Airbnb Payments will be entitled to recover the
amount of any such guest refund from you, including by subtracting such
refund amount out from any future Payouts due to you.
If you owe an amount at any time after a booking, such as with Payment Plan or
Recurring Payment charges, Booking Modifications, resolution center payments, or
Damage Claims (“Additional Amounts”), you authorize Airbnb Payments to collect
payments for such Additional Amounts by charging your Payment Method associated
with the relevant booking without any further action on your part. Airbnb
Payments will notify you in writing before any Additional Amounts are charged.
If your Payment Method associated with the relevant booking is determined to be
expired, invalid or otherwise not able to be charged for any reason (such as
insufficient funds), you remain responsible for any uncollected amounts and
Airbnb Payments may charge the Payment Method related to your booking again or
use any other Payment Method on file associated with your Airbnb account, if
available, to collect such Additional Amounts. Any amount not collected for any
reason will be subject to any remedies that may be available, including, but not
limited to, referral to a collections agency, or pursuit of available causes of
action or claims against you.
If Airbnb has reason to believe that you as a Host participated in fraudulent
activity, such as an overpayment scam, booking fraud or other fraud, and Airbnb
Payments released the payout for such stay, Airbnb Payments may recoup from you
such amount by reducing, setting off or debiting the amount from any future
Payouts owed to you.
In addition to any amount due as outlined above, if there are delinquent amounts
or chargebacks associated with your Payment Method, you may be charged fees that
are incidental to Airbnb Payments collection of these delinquent amounts and
chargebacks. Such fees or charges may include collection fees, convenience fees
or other third-party charges.
5.3 Collections
5.3.1 If Airbnb Payments is unable to collect any amounts you owe under the
Terms and these Payments Terms, Airbnb Payments may engage in collection efforts
to recover such amounts from you.
5.3.2 Airbnb Payments will deem any owed amounts overdue when: (a) for
authorized charges, one hundred and twenty (120) days have elapsed after Airbnb
Payments first attempts to charge your Payment Method or the associated services
have been provided, whichever is later; and (b) for withholdings from a Host’s
future Payouts, two hundred and seventy (270) days have elapsed after the
adjustment is made to the Host’s Airbnb account or the associated services have
been provided, whichever is later.
5.3.3 Airbnb Payments will deem any overdue amounts not collected to be in
default when three hundred and sixty five (365) days have elapsed: (a) for
authorized charges, after Airbnb Payments first attempts to charge your Payment
Method or the associated services have been provided, whichever is later; and
(b) for withholdings from a Host’s future Payouts, after the adjustment is made
to the Host’s Airbnb account or the associated services have been provided,
whichever is later.
5.3.4 You hereby explicitly agree that all communications in relation to amounts
owed will be made by electronic mail or by phone, as provided to Airbnb and/or
Airbnb Payments by you. Such communications may be made by Airbnb, Airbnb
Payments, or by anyone on their behalf, including but not limited to a
third-party collection agent.
5.4 Payment Processing Errors
5.4.1 Airbnb Payments will take the necessary steps to rectify any payment
processing errors that we become aware of. These steps may include crediting or
debiting (as appropriate) the original Payout Method or Payment Method used or
selected by you, so that you end up receiving or paying the correct amount. This
may be performed by Airbnb Payments or a third party such as your financial
institution. We may also take steps to recover funds sent to you in error
(including but not limited to an event of duplicate payments made to you due to
a processing error), by reducing, setting off and/or debiting the amount of such
funds from any future Payouts owed to you.
5.4.2 To the extent you receive any funds in error, you agree to immediately
return such funds to Airbnb Payments.
5.5 Refunds
5.5.1 Any refunds or credits due to a Member pursuant to the Terms, Extenuating
Circumstances Policy, Rebooking and Refund Policy, Experiences Guest Refund
Policy, and Luxe Rebooking and Refund Policy will be initiated and remitted by
Airbnb Payments in accordance with these Payments Terms.
5.5.2 Subject to this Section 5.5.2, Airbnb Payments will initiate the
refund process immediately. In case of a cancellation by Host, Airbnb Payments
will hold the funds for up to 72 hours until the Guest is either refunded or the
Guest directs Airbnb to use the funds to rebook with another Host. In certain
instances, the refund process may include the option to receive credit in lieu
of a cash refund; if this option is made available to you, the timing of your
refund will be communicated via the Airbnb Platform. The time it takes to
receive any cash refund or for any pre-authorization of your Payment Method to
be released will vary based on the Payment Method and any applicable payment
system (e.g., Visa, Mastercard, etc.) rules. In the event of a Force Majeure
Event that may affect the processing and settlement of refunds, Airbnb Payments
will initiate and process the refund as soon as is practicable.
6. Damage Claims and Damage Amounts
6.1 If you are responsible for Damage Claim amounts, pursuant to Section 15 of
the Terms, Airbnb via Airbnb Payments may, with your prior authorization, to
charge the Payment Method used to make the booking or any other payment method
on file in your Airbnb account at the time of the Damage Claim in order to
collect Damage Claim amounts, up to a maximum amount as defined in Section 15 of
the Terms.
.
6.2 You agree that Airbnb Payments may seek to recover from you under any
insurance policies you maintain and that Airbnb Payments may also pursue against
you any remedies it may have available, including, but not limited to, referral
to a collections agency, or pursuit of causes of action or claims against you,
including in relation to a Damage Claim, or payment requests made by Hosts under
the Host Damage Protection.
7. Abandoned Property
If Airbnb Payments holds funds due to you (e.g., because we are unable to issue
you a Payout or refund) or you do not use a gift card or gift credit for the
relevant period of time set forth by your state, country, or other governing
body in its unclaimed property laws, we may process the funds due to you in
accordance with our legal obligations, including by reporting and escheating
(sending) such funds to the appropriate governing body as required by applicable
unclaimed property laws.
8. Prohibited Activities
8.1 You are solely responsible for compliance with any and all laws, rules,
regulations, and tax obligations that may apply to your use of the Payment
Services. In connection with your use of the Payment Services, you may not and
you agree that you will not and will not assist or enable others to:
* breach or circumvent any applicable laws or regulations;
* breach or circumvent any agreements with third parties, third-party rights,
or the Terms, Additional Legal Terms, Policies, or Standards;
* use the Payment Services for any commercial or other purposes that are not
expressly permitted by these Payments Terms;
* register or use any Payment Method or Payout Method with your Airbnb account
that is not yours or you do not have authorization to use;
* avoid, bypass, remove, deactivate, impair, descramble, or otherwise
circumvent any technological measure implemented by Airbnb Payments or any of
Airbnb Payments’ providers or any other third party to protect the Payment
Services;
* take any action that damages or adversely affects, or could damage or
adversely affect, the performance or proper functioning of the Payment
Services;
* attempt to decipher, decompile, disassemble, or reverse engineer any of the
software used to provide the Payment Services; or
* violate or infringe anyone else’s rights or otherwise cause harm to anyone.
8.2 You may not use or assist others to use the Payment Services to send or
receive funds: (i) into any United States embargoed countries; or (ii) to anyone
on the U.S. Treasury Department’s list of Specially Designated Nationals, the
U.S. Department of Commerce’s Denied Persons List or Entity List, UK Sanctions
List and HM Treasury Department Consolidated List, United Nations Consolidated
List or European Union Consolidated List. You represent and warrant that: (i)
neither you nor your Host Services are located or take place 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, UK or European Union list of prohibited or restricted
parties. In addition to complying with the above, you must also comply with any
relevant export control laws in your local jurisdiction.
9. Force Majeure
Airbnb Payments shall not be liable for any delay or failure to fulfill any
obligation under these Payments Terms resulting from causes outside the
reasonable control of Airbnb or Airbnb Payments, including, but not limited to,
acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil
or military authorities, fire, floods, accidents, pandemics, epidemics or
disease, strikes or shortages of transportation facilities, fuel, energy, labor
or materials (“Force Majeure Event”).
10. Disclaimers
10.1 If you choose to use the Payment Services, you do so voluntarily and at
your sole risk. To the maximum extent permitted by law, the Payment Services are
provided “as is”, without warranty of any kind, either express or implied.
10.2 Notwithstanding Airbnb Payments’ appointment as the limited payment
collection agent of Hosts pursuant to Section 4, Airbnb Payments explicitly
disclaims all liability for any act or omission of any Member or other third
party. Airbnb Payments does not have any duties or obligations as agent for each
Host except to the extent expressly set forth in these Payments Terms, and any
additional duties or obligations as may be implied by law are, to the maximum
extent permitted by applicable law, expressly excluded.
10.3 If we choose to conduct identity verification on any Member, to the extent
permitted by applicable law, we disclaim warranties of any kind, either express
or implied, that such checks will identify prior misconduct by a Member or
guarantee that a Member will not engage in misconduct in the future.
10.4 The foregoing disclaimers apply to the maximum extent permitted by law. You
may have other statutory rights or warranties which cannot lawfully be excluded.
However, the duration of any statutorily required warranties shall be limited to
the maximum extent (if any) permitted by law.
11. Liability
11.1 Except as provided in Section 11.2, 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 Payment Services remains with you. If you permit or authorize
another person to use your Airbnb account in any way, you are responsible for
the actions taken by that person. Neither Airbnb Payments nor any other party
involved in creating, producing, or delivering the Payment 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 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 (i) these Payments Terms, (ii) from the use
of or inability to use the Payment Services, or (iii) from any communications,
interactions, or meetings with other Members or other persons with whom you
communicate, interact, transact, or meet with as a result of your use of the
Payment Services, whether based on warranty, contract, tort (including
negligence), product liability, or any other legal theory, and whether or not
Airbnb Payments 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 these Payments Terms or an approved payment request under the Host Damage
Protection or Japan Host Insurance, in no event will Airbnb Payments’ aggregate
liability arising out of or in connection with these Payments Terms and your use
of the Payment Services including, but not limited to, from your use of or
inability to use the Payment Services, exceed (i) the amounts you have paid or
owe for bookings via the Airbnb Platform 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 Payments to you in the twelve (12) month period prior
to the event giving rise to the liability, or (ii) one hundred U.S. dollars
(US$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 Payments 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. If you reside outside of the U.S., this does
not affect Airbnb Payments’ liability for death or personal injury arising from
its negligence, nor for fraudulent misrepresentation, misrepresentation as to a
fundamental matter, or any other liability which cannot be excluded or limited
under applicable law.
11.2 If you reside in Australia and contract with Airbnb Payments Australia,
Section 11.1 does not apply, and Airbnb Payments is liable under statutory
provisions for intent and gross negligence by us, our legal representatives,
directors, or other vicarious agents. The same applies to the assumption of
guarantees or any other strict liability, or in case of a culpable injury to
life, limb, or health. Airbnb Payments is liable for any negligent breaches of
essential contractual obligations by us, our legal representatives, directors,
or other vicarious agents; such liability is limited to the typically occurring
foreseeable damages. Essential contractual obligations are such duties of Airbnb
Payments in whose proper fulfillment you regularly trust and must trust for the
proper execution of the contract. Any additional liability of Airbnb Payments is
excluded to the maximum extent allowed by applicable law.
12. Indemnification
To the maximum extent permitted by applicable law, you agree to release, defend
(at Airbnb Payments’ option), indemnify, and hold Airbnb Payments 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 (i) your breach of these Payments
Terms; (ii) your improper use of the Payment Services; (iii) your failure, or
our failure at your direction, to accurately report, collect or remit taxes; or
(iv) your breach of any laws, regulations, or third-party rights.
13. Modification, Term, Termination, and other Measures
13.1 Modification. Except as otherwise required by applicable law, Airbnb
Payments may modify these Payments Terms at any time. If we make material
changes to these Payment Terms, we will post the revised Payment Terms on the
Airbnb Platform and update the “Last Updated” date at the top of these Payment
Terms. If you are affected by the modification, we will also provide you with
notice of the modifications at least thirty (30) days before the date they
become effective. If you are contracting with Airbnb Payments UK, or Airbnb
Payments Australia, you will receive at least two (2) months advance notice. If
you do not terminate your agreement before the date the revised Payment Terms
become effective, your continued use of the Payment Services will constitute
acceptance of any changes to the revised Payments Terms.
13.2 Term. This agreement between you and Airbnb Payments reflected by these
Payment Terms is effective when you create an Airbnb account or use the Payment
Services and remains in effect until either you or we terminate this agreement
in accordance with Section 13.3.
13.3 Termination. You may terminate this agreement at any time by sending us an
email or by deleting your Airbnb account. Terminating this agreement will also
serve as notice to cancel your Airbnb account pursuant to the Terms. Without
limiting our rights specified below, Airbnb Payments may terminate this
agreement for convenience at any time by giving you thirty (30) days' notice via
email to your registered email address (or two (2) months’ prior notice for
Members contracting with Airbnb Payments UK). Airbnb Payments may also terminate
this agreement immediately without notice if (i) you have materially breached
your obligations under this agreement; (ii) you have provided inaccurate,
fraudulent, outdated, or incomplete information; (iii) you have violated
applicable laws, regulations, or third-party rights; or (iv) Airbnb Payments
believes in good faith that such action is reasonably necessary to protect other
Members, Airbnb, Airbnb Payments, or third parties.
13.4 Suspension and Other Measures. Airbnb Payments may limit or temporarily or
permanently suspend your use of or access to the Payment Services (i) to comply
with applicable law, or the order or request of a court, law enforcement, or
other administrative agency or governmental body, (ii) if you have breached
these Payments Terms, the Terms, applicable laws, regulations or third-party
rights, (iii) if you have provided inaccurate, fraudulent, outdated, or
incomplete information regarding a Payment Method or Payout Method, (iv) for any
amounts you owe under these Payments Term that are overdue or in default, or (v)
if Airbnb Payments believes in good faith that such action is reasonably
necessary to protect the personal safety or property of Airbnb, its Members,
Airbnb Payments, or third parties, or to prevent fraud or other illegal
activity. Further, for unsuccessful payment due to card expiration, insufficient
funds, or otherwise, we may temporarily suspend your access to the Payment
Services until we can charge a valid Payment Method
13.5 Appeal. If Airbnb Payments takes any of the measures described in Section
13.3 and 13.4 you may appeal such a decision by contacting customer service.
13.6 Effect of Termination. If you cancel your Airbnb account as a Host or
Airbnb Payments takes any of the measures described above, Airbnb Payments may
provide a full refund to any Guests with confirmed booking(s), and you will not
be entitled to any compensation for pending or confirmed bookings that were
cancelled. If you cancel your Airbnb account as a Guest, Airbnb Payments will
initiate a refund for any confirmed booking(s) based on the Listing’s
cancellation policy. If your access to or use of the Payment Services has been
suspended or limited or this agreement has been terminated by us, you may not
register a new Airbnb account or attempt to access and use the Payment Services
through an Airbnb account of another Member.
13.7 Survival. Sections 5 through 20 of these Payments Terms shall survive any
termination or expiration of this agreement.
14. Governing Law and Dispute Resolution
14.1 If you are contracting with Airbnb Payments US, these Payments Terms will
be interpreted in accordance with the laws of the State of California and the
United States of America, without regard to conflict-of-law provisions. Legal
proceedings (other than small claims actions) that are excluded from the
Arbitration Agreement in Section 15 must be brought in state or federal court in
San Francisco, California, unless we both agree to some other location. You and
we both consent to venue and personal jurisdiction in San Francisco, California.
14.2 If you are contracting with Airbnb China, these Payments Terms will be
governed by and construed in accordance with the laws of the People’s Republic
of China (“China Laws”). In this situation, any dispute arising from or in
connection with these Payments Terms or use of the Payment Services shall be
submitted to the China International Economic and Trade Arbitration Commission
(“CIETAC”) for arbitration which shall be conducted in accordance with the
Commission’s arbitration rules in effect at the time of applying for
arbitration. The arbitral award is final and binding upon both parties. The
tribunal shall consist of three (3) arbitrators. The seat of the arbitration
shall be Beijing. The language of the arbitration shall be English. This section
does not limit any rights which Airbnb Payments may have to apply to any court
of competent jurisdiction for an order requiring you to perform or be prohibited
from performing certain acts and other provisional relief permitted under China
Laws or any other laws that may apply to you.
14.3 If you are contracting with Airbnb Payments UK, these Payments Terms will
be interpreted in accordance with English law. If you are acting as an
individual consumer and if mandatory statutory consumer protection regulations
in your country of residence contain provisions that are more beneficial for
you, such provisions shall apply irrespective of the choice of English law. As
an individual consumer, you may bring any judicial proceedings relating to these
Payments Terms before the competent court of your place of residence or a
competent court in England. If Airbnb wishes to enforce any of its rights
against you as a consumer, we may do so only in the courts of the jurisdiction
in which you are a resident. If you are acting as a business, you agree to
submit to the exclusive jurisdiction of the English courts.
14.4 If you are contracting with Airbnb Payments India, these Payments Terms
will be interpreted in accordance with the laws of India. Any dispute arising
from or in connection with these Payments Terms must be submitted to the
International Chamber of Commerce (“ICC”) for arbitration in New Delhi, which
shall be the seat and venue of arbitration. Such arbitration shall be conducted
in accordance with the arbitration rules of the ICC in effect at the time of
applying for arbitration, provided that this section shall not be construed to
limit any rights which Airbnb Payments may have to apply to any court of
competent jurisdiction for an order requiring you to perform or be prohibited
from performing certain acts and other provisional relief permitted under the
laws of India or any other laws that may apply to you. In the event one or more
of the parties to the dispute are non-resident, the parties agree to exclude
(for the avoidance of any doubt) the applicability of the provisions of Part I
(save and except Section 9, Section 27, Section 37(1)(a) and Section 37(3)
thereof) of the Indian Arbitration and Conciliation Act 1996 to any arbitration
under this section. The arbitration proceedings shall be conducted in English.
The arbitral award rendered is final and binding upon both parties. Each party
shall bear its own costs in relation to the arbitration.
14.5 If you are contracting with Airbnb Payments Australia, these Payments Terms
will be governed by the laws of the State of New South Wales, Australia. The
parties agree to submit to the non-exclusive jurisdiction of the courts of that
State and courts of appeal of that State in respect of any proceedings arising
out of or in connection with this agreement.
14.6 If you are contracting with Airbnb Brazil, these Payments Terms will be
interpreted in accordance with the laws of Brazil. If you are acting as a
consumer, judicial proceedings that you are able to bring against us arising
from or in connection with these Payments Terms may only be brought in a court
located in the city of Sao Paulo, State of Sao Paulo, Brazil or in a court with
jurisdiction in your place of residence. If you are acting as a business, you
agree to submit to the exclusive jurisdiction of a court located in the city of
Sao Paulo, State of Sao Paulo, Brazil.
15. United States Arbitration Agreement
15.1 Application. This Arbitration Agreement only applies to you if you are
contracting with Airbnb Payment US. If you are not contracting with Airbnb
Payments US, and you nevertheless attempt to bring any legal claim against
Airbnb Payments in the United States, this Arbitration Agreement will apply for
determination of the threshold issue of whether this Section 15 applies to you,
and all other threshold determinations, including residency, arbitrability,
venue, and applicable law.
15.2 Overview of Dispute Resolution Process. Airbnb Payments is committed to
participating in a consumer-friendly dispute resolution process. To that end,
these Payment Terms provide for a two-part process for individuals to whom this
Section 15 applies: (1) an informal negotiation directly with Airbnb’s customer
service team (described in Section 15.3), and if necessary (2) a binding
arbitration administered by the American Arbitration Association (“AAA”). You
and Airbnb Payments each retain the right to seek resolution of the dispute in
small claims court as an alternative to arbitration
15.3 Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30
days prior to initiating an arbitration, you and Airbnb Payments each agree to
notify the other party of the dispute in writing and attempt in good faith to
negotiate an informal resolution. You must send your notice of dispute to Airbnb
Payments by mailing it to Airbnb Payments’ agent for service: CSC Lawyers
Incorporating Service, 2710 Gateway Oaks Drive, Suite 150N, Sacramento,
California 95833. Airbnb Payments will send its notice of dispute to the email
address associated with your Airbnb account. A notice of dispute must include:
the party’s name and preferred contact information, a brief description of the
dispute, and the relief sought. If the parties are unable to resolve the dispute
within the 30-day period, only then may either party commence arbitration by
filing a written Demand for Arbitration (available at www.adr.org) with the AAA
and providing a copy to the other party as specified in the AAA Rules (available
at www.adr.org).
15.4 Agreement to Arbitrate. You and Airbnb Payments mutually agree that any
dispute, claim or controversy arising out of or relating to these Payments Terms
or the applicability, breach, termination, validity, enforcement or
interpretation thereof, or any use of the Payment Services (collectively,
“Disputes”) will be settled by binding individual arbitration (the “Arbitration
Agreement”). If there is a dispute about whether this Arbitration Agreement can
be enforced or applies to our Dispute, you and Airbnb Payments agree that the
arbitrator will decide that issue.
15.5 Exceptions to Arbitration Agreement. You and Airbnb Payments each agree
that the following causes of action and/or claims for relief are exceptions to
the Arbitration Agreement and will be brought in a judicial proceeding in a
court of competent jurisdiction (as defined by Section 15): (i) any claim or
cause of action seeking emergency injunctive relief based on exigent
circumstances (e.g., imminent danger or commission of a crime, hacking,
cyber-attack); (ii) a request for the remedy of public injunctive relief; or
(iii) any individual claim of sexual assault or sexual harassment arising from
your use of the Airbnb Platform or Host Services. You and Airbnb Payments agree
that the remedy of public injunctive relief will proceed after the arbitration
of all arbitrable claims, remedies, or causes of action, and will be stayed
pending the outcome of the arbitration pursuant to section 3 of the Federal
Arbitration Act.
15.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a
transaction in interstate commerce and the Federal Arbitration Act governs all
substantive and procedural interpretation and enforcement of this provision. The
arbitration will be administered by AAA in accordance with the Consumer
Arbitration Rules and/or other AAA arbitration rules determined to be applicable
by the arbitrator (the “AAA Rules”) then in effect, except as modified here. The
AAA Rules are available at www.adr.org. In order to initiate arbitration, a
completed written demand (available at www.adr.org) must be filed with the AAA
and provided to the other party, as specified in the AAA rules.
15.7 Modification to AAA Rules - Arbitration Hearing/Location. In order to make
the arbitration most convenient to you, Airbnb Payments agrees that any required
arbitration hearing may be conducted, at your option: (a) in the U.S county
where you reside; (b) in San Francisco County; or (c) via phone or video
conference. If the amount in controversy is $5,000 or less, the parties agree to
proceed solely on the submission of documents to the arbitrator.
15.8 Modification of AAA Rules - Attorney’s Fees and Costs. Your arbitration
fees and your share of arbitrator compensation shall be governed by the AAA
Rules. Either party may make a request that the arbitrator award attorneys’ fees
and costs upon proving that the other party has asserted a claim, cross-claim or
defense that is groundless in fact or law, brought in bad faith or for the
purpose of harassment, or is otherwise frivolous, as allowed by applicable law
and the AAA Rules.
15.9 Arbitrator’s Decision. 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 with proper jurisdiction. The
arbitrator may award any relief allowed by law or the AAA Rules, but declaratory
or injunctive relief may be awarded only on an individual basis and only to the
extent necessary to provide relief warranted by the claimant’s individual claim.
15.10 Jury Trial Waiver. You and Airbnb Payments acknowledge and agree that we
are each waiving the right to a trial by jury as to all arbitrable Disputes.
15.11 No Class Actions or Representative Proceedings. You and Airbnb Payments
acknowledge and agree that, to the fullest extent permitted by law, we are each
waiving the right to participate as a plaintiff or class member in any purported
class action lawsuit, class-wide arbitration, private attorney general action,
or any other representative or consolidated proceeding. Unless we agree in
writing, the arbitrator may not consolidate more than one party’s claims and may
not otherwise preside over any form of any class or representative proceeding.
If there is a final judicial determination that applicable law precludes
enforcement of the waiver contained in this paragraph as to any claim, cause of
action or requested remedy, then that claim, cause of action or requested
remedy, and only that claim, cause of action or requested remedy, will be
severed from this agreement to arbitrate and will be brought in a court of
competent jurisdiction. In the event that a claim, cause of action or requested
remedy is severed pursuant to this paragraph, then you and we agree that the
claims, causes of action or requested remedies that are not subject to
arbitration will be stayed until all arbitrable claims, causes of action and
requested remedies are resolved by the arbitrator.
15.12 Severability. Except as provided in Section 15.11, in the event that any
portion of this Arbitration Agreement is deemed illegal or unenforceable, such
provision shall be severed and the remainder of the Arbitration Agreement will
be given full force and effect.
15.13 Changes to Agreement to Arbitrate. If Airbnb Payments changes this Section
15 after the date you last accepted these Payments Terms (or accepted any
subsequent changes to these Payments Terms), you may reject that change by
sending us written notice (including by email) within thirty (30) days of the
date the change is effective. Rejecting a new change, however, does not revoke
or alter your prior consent to any earlier agreements to arbitrate any Dispute
between you and Airbnb Payments (or your prior consent to any subsequent changes
thereto), which will remain in effect and enforceable as to any Dispute between
you and Airbnb Payments.
15.14 Survival. Except as provided in Section 15.12 and subject to Section 13.7,
this Section 15 will survive any termination of these Payments Terms and will
continue to apply even if you stop using the Payment Services or terminate your
Airbnb account.
16. Miscellaneous
16.1 Interpreting these Payments Terms. Except as they may be supplemented by
additional terms and conditions, policies, guidelines, or standards, these
Payments Terms constitute the entire agreement between Airbnb Payments and you
regarding the subject matter hereof, and supersede any and all prior oral or
written understandings or agreements between Airbnb Payments and you regarding
the Payment Services. If any provision of these Payments Terms is held to be
invalid or unenforceable, such provision will be struck and will not affect the
validity and enforceability of the remaining provisions.
16.2 No Waiver. Airbnb Payments’ failure to enforce any right or provision in
these Payments Terms will not constitute a waiver of such right or provision
unless acknowledged and agreed to by us in writing. Except as expressly set
forth in these Payments Terms, the exercise by either party of any of its
remedies under these Payments Terms will be without prejudice to its other
remedies under these Payments Terms or otherwise permitted under law.
16.3 Assignment. You may not assign, transfer, or delegate this agreement or
your rights and obligations hereunder without Airbnb Payments’ prior written
consent. Airbnb Payments may without restriction assign, transfer, or delegate
this agreement and any rights and obligations, at its sole discretion, with
thirty (30) days’ prior notice (or two (2) months’ prior notice for Members
contracting with Airbnb Payments UK).
16.4 Notices. Unless specified otherwise, any notices or other communications
permitted or required under this agreement, will be in writing and given by
Airbnb Payments via email or Airbnb Platform notification, and depending on your
notification setting, messaging service (including SMS and WeChat). The date of
receipt will be deemed the date on which Airbnb Payments transmits the notice.
17. Additional Clauses for Users Contracting with Airbnb Payments UK
The following paragraphs will apply if you are contracting with Airbnb Payments
UK:
17.1 Payment Service User
17.1.1 The Payment Services include the payment collection service provided to
Hosts contracting with Airbnb Payments UK. The payment collection service
constitutes a “payment service” regulated under the Payment Services Regulations
and for these purposes Airbnb Payments UK treats Hosts as the “payment service
user.”
17.1.2 By agreeing to these Payments Terms you as a Host have consented to
Airbnb Payments UK’s payment of each Payout to your chosen Payout Method. Hosts
may change a Payout Method up to one (1) day before the time agreed for the
Payout as set out in Section 3.3. Airbnb Payments UK will be deemed to have
received the Host's payment order to the Host on the same date Airbnb Payments
UK agrees to initiate the Payout in accordance with Section 3.3
17.1.3 Airbnb Payments UK will endeavor to ensure that Hosts based in the UK
will receive each Payout by the end of the business day following Airbnb
Payments UK’s initiation of the Payout.
17.1.4 Communication. Airbnb Payments will provide the Host notice via email
when we initiate each Payout. We will also provide notice to a Host’s registered
email address if the Payout is returned to us because of an error. It is your
responsibility as a Host to ensure that you provide us with a current, accurate,
and valid email address.
17.2 Resolution Procedures for Diverted Payouts
17.2.1 If you as a Host believe that a Payout properly due to you has been or
may be diverted without your permission (“Diverted Payout”) because your
password or other credentials to log into your Airbnb account (“Credentials”)
are lost or stolen, you should notify Airbnb Payments UK pursuant to Section 21
immediately. As a Host you may be liable for losses relating to any Diverted
Payout arising from the use of lost, stolen, or misappropriated Credentials
(including the loss of a mobile phone on which you have installed the
Application) or where you have failed to keep your Credentials safe, up to a
maximum of £35. Provided that you notify us of any Diverted Payout without delay
and at the very latest within 13 months of the date of the payment, you may be
entitled to a refund of that payment.
17.2.2 We will not be liable for any loss arising from: (i) Diverted Payouts
where you acted fraudulently or where, with intent or gross negligence, you
failed to use the Airbnb Platform and/or Payment Services in accordance with the
Terms or these Payments Terms (including the obligation to keep your Credentials
safe); (ii) or any payout transaction which we facilitated in accordance with
information provided by you where the information you provided was incorrect.
17.2.3 If you as Host claim not to have received a Payout properly due to you
via your chosen Payout Method, Airbnb Payments UK will (if requested) make
immediate efforts to trace the payment and will notify you of the outcome.
Unless we can prove that the payment was received by you via your chosen Payout
Method, we will refund the amount.
17.2.4 Any complaints about the Payment Services should be made to Airbnb
Payments UK pursuant to Section 21. Complaints that are made in accordance with
this section that relate to the provision of Payment Services by Airbnb Payments
UK will be eligible for referral to the Financial Ombudsman and will be subject
to the Rules of the Financial Ombudsman Service. The UK Financial Ombudsman
Service offers a free complaints resolution service to individuals,
micro-enterprises, small charities, and trustees of small trusts. You can
contact the UK Financial Ombudsman by (i) telephone from inside the UK: 0300 123
9123 or 0800 023 4567; from other countries: +44 20 7964 0500, on Monday to
Friday, 8am to 8pm and on Saturday 9am to 1pm; (ii) post: Financial Ombudsman
Service, Exchange Tower, London, E14 9SR; or (iii) email:
enquiries@financial-ombudsman.org.uk. The UK Financial Ombudsman Service is also
available in a number of different languages and if you need it you will be put
in touch with a translator when you contact the UK Financial Ombudsman Service.
17.3 For Hosts and Guests with Mexico As Country of Residence
If Mexico is your country of residence, (i) upon successful receipt of payment
from the Guest following a Host's acceptance of the Guest’s booking request,
Airbnb Payments generally holds such funds due to the Host in temporary custody
until it is released to the Host in accordance with Section 3.3.1, and (ii) the
payment to the Host will be effective only upon the start of the Host's Services
and in accordance with Section 3.3.1. Airbnb may be required to withhold taxes
per applicable local laws, and such taxes will be due upon Airbnb Payment’s
release of the Host Payout.
18. Additional Clauses for Users Contracting with Airbnb Brazil
The following paragraph will apply if you are contracting with Airbnb Brazil:
18.1 Installment Feature for Users with Brazil As Country of Residence
Section 2, “Guest Terms”, shall be amended by adding the following subsection:
“You acknowledge that if your country of residence is Brazil and you are paying
by credit card, you may pay for your booking in multiple installments as long as
your credit card supports installments and is issued in Brazil. The number of
installments may vary, but will be presented to you before you complete your
booking transaction. You acknowledge that the Total Price may be increased when
you choose to pay for your booking in installments as a result of expenses
related to the use of credit card and/or other forms of installment plans
(“Installment Fee”). You agree that you are solely responsible for the payment
of the Installment Fee, and Airbnb Brazil is only responsible for collecting and
transferring those amounts to the applicable third-party payment service
provider. You authorize the applicable third-party payment service provider to
automatically charge the original Payment Method you used to make the booking..
Your use of the installment feature may be subject to additional terms and
conditions imposed by the applicable third-party payment service provider. If
your booking is canceled for any reason, the Installment Fee will be refunded to
the Payment Method you used to make the booking. If you make a modification to a
booking payable in installments, and the Booking Modification lowers your Total
Price, you will not be refunded any portion of the Installment Fee. Refunds will
be initiated and remitted by Airbnb Payments in accordance with these Payments
Terms.”
18.2 Depending on the country of residence of guests and hosts, payments due to
hosts and applicable fees like Airbnb service fees may require the execution of
foreign exchange agreements or other related measures, as per applicable
legislation.
18.3 If you are a resident in Brazil and make a booking with a Host residing
outside of Brazil using local currency, by using the Payment Services you
acknowledge and agree that Airbnb Brazil acts as a payment collection agent of
the Host residing outside of Brazil. Airbnb Brazil is also the entity with whom
you are contracting for the use of the Airbnb Platform, as set forth in the
Terms.
18.4 You authorize Airbnb Brazil, directly or through third parties, to make any
inquiries we consider necessary to verify your identity. This may include (i)
screening you against third-party databases or other sources, (ii) requesting
reports from service providers, (iii) asking you to provide a form of government
identification (e.g., driver’s license or passport), tax ID, your date of birth,
your address, and other information; or (iv) requiring you to take steps to
confirm ownership of your email address, Payment Method(s) or Payout Method(s).
Airbnb Brazil reserves the right to terminate, suspend, or limit access to the
Payment Services in the event we are unable to obtain or verify any of this
information.
18.5 When processing payments from a Member, Airbnb Brazil (and/or third parties
contracted by you or by Airbnb Brazil on your behalf) may retain and/or report
to the competent authorities (when applicable) information relating to the
Member and/or the respective transaction to comply with applicable legislation
and certain regulatory controls, and prevention of money laundering activities.
18.6 For Guests and Hosts contracting with Airbnb Brazil, all references in this
Payments Terms to Airbnb, Airbnb Payments or Airbnb Platform shall be deemed to
refer to Airbnb Brazil.
19. Additional Clauses for Users Contracting with Airbnb China
The following paragraphs will apply if you are a Host, including each Host Team
member, contracting with Airbnb China:
19.1 Certain Payment Services applicable to Hosts may be provided by local
third-party payment service providers which, under applicable laws and
regulations, hold certain permits or licenses in China and which are engaged by
Airbnb China to provide the relevant Payment Services.
19.2 In such situations where the relevant Payment Services are provided by a
third-party payment service provider, each Host, including each Host Team
member, hereby appoints any local third-party payment service providers engaged
by Airbnb China (rather than Airbnb China itself) to serve as the Host’s payment
collection agent, solely for the limited purpose of accepting and processing
funds from Guests purchasing Host Services on the behalf of Hosts. In such
instances, the rights and obligations provided to Airbnb Payments under Section
4 of these Payment Terms will instead be provided to the third-party payment
service providers engaged by Airbnb China to act as limited payment collection
agents.
19.3 In addition, Hosts may be required to enter into a separate service
agreement with such third-party payment service providers regarding the
provision of the relevant Payment Services. In the case of any conflict between
these Payment Terms and the terms set forth in such agreements, the terms of
such agreements will prevail to the extent of the inconsistency. For the
avoidance of doubt, and notwithstanding any provisions under Section 14.2 of
these Payment Terms, any separate agreements entered into between you and such
third-party payment service providers may potentially provide for a different
governing law and/or different dispute resolution procedures than those provided
under these Payment Terms.
19.4 You acknowledge and agree that, to the maximum extent permitted by
applicable law, the entire risk arising out of your access to and use of any
Payment Services provided by local third-party payment service providers shall
remain with you, or be allocated according to the terms of the separate service
agreements you enter with such third-party payment service providers regarding
the provision of such Payment Services. Airbnb Payments shall not be liable for
any Payment Services offered by such third-party payment service providers.
20. Additional Clauses for Users that are Businesses
The following paragraphs also apply if you are using the Payment Services as a
representative (“Representative”) acting on behalf a business, company or other
legal entity (in such event, for purposes of the Payments Terms, “you” and
“your” will refer and apply to that business, company or other legal entity).
20.1 You accept the Payment Terms and you will be responsible for any act or
omission of employees or third-party agents using the Payment Service on your
behalf.
20.2 You and your Representative individually affirm that you are authorized to
provide the information described in Section 2.1 and Section 3.2 and your
Representative has the authority to bind you to these Payments Terms. We may
require you to provide additional information or documentation demonstrating
your Representative’s authority.
20.3 You represent and warrant to us that: (i) you are duly organized, validly
existing and in good standing under the laws of the country in which your
business is registered and that you are registering for receiving the Payment
Services; and (ii) you have all requisite right, power, and authority to enter
into this agreement, perform your obligations, and grant the rights, licenses,
and authorizations in this agreement.
20.4 If you are using your Payment Method for the benefit of your employees or
other authorized third-party in connection with Airbnb for Work, as permitted by
your account, you authorize Airbnb Payments to charge your Payment Method for
bookings requested by employees at your company or other permitted third-party.
20.5 For any Payout Method linked to your Airbnb account, you authorize Airbnb
Payments to store the Payout Method, remit payments using the Payout Method for
bookings associated with your Airbnb account and take any other action as
permitted in the Payments Terms in respect of the Payout Method.
20.6 If you handle, store or otherwise process payment card information on
behalf of anyone or any third-party, you agree to comply on an ongoing basis
with applicable data privacy and security requirements under the current Payment
Card Industry Data Security Standard with regards to the use, access, and
storage of such credit card information. For additional information, including
tools to help you assess your compliance, see https://www.visa.com/cisp and
https://www.mastercard.com/sdp.
21. Contacting Airbnb Payments
You may contact Airbnb Payments regarding the Payment Services using the
information below:
EntityContact InformationAirbnb Payments, Inc.888 Brannan Street
San Francisco, CA 94103
United States of America
+1 (844) 234-2500
payments.legal@airbnb.comAirbnb Payments UK Ltd.
Please contact Airbnb Customer Service if you need assistance with updating your
personal or business information.
If you would like to make a complaint, please write to us at:
100 New Bridge Street
London, EC4V 6JA
United Kingdom
or via email to:
complaints.payments@airbnb.com
or call us on:
+44 203 318 1111
Company Number: 09392688
Airbnb Payments UK Limited is authorised and regulated by the Financial Conduct
Authority as an Electronic Money Institution with reference number 900596.Airbnb
Internet (Beijing) Co., Ltd.安彼迎网络（北京）有限公司01B, Unit 1401, 14th Floor
East Tower World Financial Center
No.1, East Third Ring Middle Road
Chaoyang District, Beijing, China 100020
(北京市朝阳区东三环中路 1 号环球金融中心东塔 14 楼 1401 单元 01B)
+86 400 889 7054Airbnb Payments India Pvt. Ltd.Level 9, Spaze i-Tech Park
A1 Tower, Sector-49, Sohna Road
Gurugram INDIA 122018
apac-payments-legal@airbnb.comAirbnb Payments Australia Pty. Ltd.58 Gipps Street
Collingwood VIC 3066
Australia
apac-payments-legal@airbnb.comAirbnb Plataforma Digital Ltda.
Rua Aspicuelta 422
conjunto 51
CEP: 05433-010
Sao Paulo - SP - Brazil
+0800 878 7918
Airbnb Payments will provide a copy of these Payments Terms on request. If you
have any questions about these Payments Terms, please email us.
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