“These Terms of Service (“Terms”) constitute a legally binding agreement (“Agreement”) between you and Hosting home (as defined below) governing your access to and use of the Hosting home website, including any subdomains thereof, and any other websites through which Hosting home makes the Hosting home Services available (collectively, “Site”), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application”) and all associated services (collectively, ” Hosting home Services”). The Site, Application and Hosting home Services together are hereinafter collectively referred to as the “ Hosting home Platform”. Our Host Guarantee Terms, Guest Refund Policy, Nondiscrimination Policy and other Policies applicable to your use of the Hosting home Platform are incorporated by reference into this Agreement.
When these Terms mention “ Hosting home ,” “we,” “us,” or “our,” it refers to the Hosting home company you are contracting with.
Any and all payment processing services through or in connection with your use of the Hosting home Platform (“Payment Services”) are provided to you by one or more Hosting home Payments entities (individually and collectively, as appropriate, ” Hosting home Payments”) as set out in the Payments Terms of Service (“Payments Terms”).
Hosts alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Host Services. For example, some cities have laws that restrict their ability to host paying guests for short periods or provide certain Host Services. Host are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Host Services they offer. Certain types of Host Services may be prohibited altogether.
1. Scope of Hosting home Services
1.1 The Hosting home Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Hosts” and the services they offer are “Host Services”) to publish such Host Services on the Hosting home Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Host Services (Members using Host Services are “Guests”). Host Services may include the offering of vacation or other properties for use (“Accommodations”), single or multi-day activities in various categories (“Experiences”), access to unique events and locations (“Events”), and a variety of other travel and non-travel related services.
1.2 As the provider of the Hosting home Platform, Hosting home does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Host Services. Hosts alone are responsible for their Listings and Host Services. When Members make or accept a booking, they are entering into a contract directly with each other. Hosting home is not and does not become a party to or other participant in any contractual relationship between Members, nor is Hosting home a real estate broker or insurer. Hosting home is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.
1.3 While we may help facilitate the resolution of disputes, Hosting home has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Hosting home does not endorse any Member, Listing or Host Services. Any references to a Member being “verified” (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Airbnb about any Member, including of the Member’s identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to stay in an Accommodation, participate in an Experience or Event or use other Host Services, accept a booking request from a Guest, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by Airbnb of any Host or Listing.
1.4 If you choose to use the Hosting home Platform as a Host or Co-Host (as defined below), your relationship with Hosting home is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Hosting home for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Hosting home .
1.5 To promote the Hosting home Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Hosting home cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Hosting home Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and noninfringement.
1.6 The Hosting home Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Hosting home is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Hosting home of such Third-Party Services.
1.7 Due to the nature of the Internet, Hosting home cannot guarantee the continuous and uninterrupted availability and accessibility of the Hosting home Platform. Hosting home may restrict the availability of the Hosting home Platform if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Hosting home Platform. Hosting home may improve, enhance and modify the Hosting home Platform and introduce new Hosting home Services from time to time.
2. Eligibility, Using the Hosting home Platform, Member Verification
2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the Hosting home Platform or register an Hosting home Account. By accessing or using the Hosting home Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
2.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Host Service(s) 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 list of prohibited or restricted parties.
2.3 Hosting home may make the access to and use of the Hosting home Platform, or certain areas or features of the Hosting home Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or booking and cancellation history.
2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2.5 The access to or use of certain areas and features of the Hosting home Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Hosting home Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
3. Modification of these Terms
Hosting home reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Hosting home Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Hosting home Platform will constitute acceptance of the revised Terms.
4. Account Registration
4.1 You must register an account (” Hosting home Account”) to access and use certain features of the Hosting home Platform, such as publishing or booking a Listing. If you are registering an Hosting home Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You must provide accurate, current and complete information during the registration process and keep your Hosting home Account and public Hosting home Account profile page information up-to-date at all times.
4.3 You may not register more than one (1) Hosting home Account unless Airbnb authorizes you to do so. You may not assign or otherwise transfer your Hosting home Account to another party.
4.4 You are responsible for maintaining the confidentiality and security of your Hosting home Account credentials and may not disclose your credentials to any third party. You must immediately notify Hosting home if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Hosting home Account. You are liable for any and all activities conducted through your Hosting home Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
5.1 Hosting home may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Hosting home Platform (“Member Content”); and (ii) access and view Member Content and any content that Hosting home itself makes available on or through the Hosting home Platform, including proprietary Hosting home content and any content licensed or authorized for use by or through Hosting home from a third party (” Hosting home Content” and together with Member Content, “Collective Content”).
5.2 The Hosting home Platform, Hosting home Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Hosting home Platform and Hosting home Content, including all associated intellectual property rights, are the exclusive property of Hosting home and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Hosting home Platform, Hosting home Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Hosting home used on or in connection with the Hosting home Platform and Hosting home Content are trademarks or registered trademarks of Hosting home in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Hosting home Platform, Hosting home Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Hosting home Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Hosting home or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, Airbnb grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Hosting home Platform and accessible to you, solely for your personal and non-commercial use.
5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Hosting home Platform, you grant to Airbnb a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Hosting homePlatform, in any media or platform. Unless you provide specific consent, Hosting home does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
5.6 Hosting home may offer Hosts the option of having professional photographers take photographs of their Host Services, which are made available by the photographer to Hosts to include in their Listings with or without a watermark or tag bearing the words ” Hosting home.com Verified Photo” or similar wording (“Verified Images”). You are responsible for ensuring that your Host Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the Hosting home Platform if they no longer accurately represent your Listing, if you stop hosting the Host Service featured, or if your Hosting home Account is terminated or suspended for any reason. You acknowledge and agree that Hosting home shall have the right to use any Verified Images in advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where Hosting home is not the exclusive owner of Verified Images, by using such Verified Images on or through the Hosting homePlatform, you grant to Hosting home an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Hosting home in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the Hosting home Platform solely for your personal and non-commercial use.
5.7 You are solely responsible for all Member Content that you make available on or through the Hosting home Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through theHosting home Platform or you have all rights, licenses, consents and releases that are necessary to grant to Airbnb the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Hosting home use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.8 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates Hosting homeContent Policy or any other Hosting home policy. Hosting home may, without prior notice, remove or disable access to any Member Content that Hosting home finds to be in violation of these Terms or Hosting home then-current Policies or Standards, or otherwise may be harmful or objectionable to Hosting home , its Members, third parties, or property.
5.9 Hosting home respects copyright law and expects its Members to do the same. If you believe that any content on the Hosting home Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.
6. Service Fees
6.1 Hosting home may charge fees to Hosts (“Host Fees”) and/or Guests (“Guest Fees”) (collectively, “Service Fees”) in consideration for the use of the Hosting home Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.
6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host or Guest prior to publishing or booking a Listing. Hosting home reserves the right to change the Service Fees at any time, and we will provide Members adequate notice of any fee changes before they become effective.
6.3 You are responsible for paying any Service Fees that you owe to Hosting home . The applicable Service Fees are due and payable and collected by Hosting home Payments pursuant to the Payments Terms. Except as otherwise provided on the Hosting home Platform, Service Fees are non-refundable.
7. Terms specific for Hosts
7.1 Terms applicable to all Listings
7.1.1 When creating a Listing through the Hosting home Platform you must (i) provide complete and accurate information about your Host Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Experience) and (iii) provide any other pertinent information requested by Hosting home . You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
7.1.2 You are solely responsible for setting a price (including any Taxes if applicable) for your Listing (“Listing Fee”). Once a Guest requests a booking of your Listing, you may not request that the Guest pays a higher price than in the booking request.
7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the cancellation policy you have selected for your Listing.
7.1.4 Pictures, animations or videos (collectively, “Images”) used in your Listings must accurately reflect the quality and condition of your Host Services. Hosting home reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
7.1.5 The placement and ranking of Listings in search results on the Hosting home Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, Host requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Host Service, and/or ease of booking.
7.1.6 When you accept or have pre-approved a booking request by a Guest, you are entering into a legally binding agreement with the Guest and are required to provide your Host Service(s) to the Guest as described in your Listing when the booking request is made. You also agree to pay the applicable Host Fee and any applicable Taxes, which will be collected pursuant to the Payments Terms.
7.1.7 Hosting home recommends that Hosts obtain appropriate insurance for their Host Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest has booked for, if applicable) while staying at your Accommodation or participating in your Experience, Event or other Host Service.
7.2 Listing Accommodations
7.2.1 You may only list one Accommodation per Listing.
7.2.2 If you choose to require a security deposit for your Accommodation, you must specify this in your Listing (“Security Deposit”). Hosts are not allowed to ask for a Security Deposit after a booking has been confirmed or outside of the Hosting home Platform. Hosting home will use commercially reasonable efforts to address Hosts’ requests and claims related to Security Deposits, but Hosting home is not responsible for administering or accepting any claims by Hosts related to Security Deposits.
7.2.3 You represent and warrant that any Listing you post and the booking of, or a Guest’s stay at, an Accommodation will (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Accommodation, if applicable).
7.3 Listing Experiences, Events and other Host Services
7.3.1 To list an Experience, Event or other Host Service, you must create a Listing and submit the Experience, Event or Host Service to Hosting home . To be considered for publishing on the Hosting home Platform, Experiences, Events or other Host Services must at all times meet the quality standards for Experiences and meet Guest demand. Hosting home reserves the right to decide, in its sole discretion, if a submitted Experience, Event or other Host Service will be published on the Hosting home Platform.
7.3.2 When listing an Experience, Event or other Host Service you must, where applicable, fully educate and inform Guests about (i) any risks inherent to the Experience, Event or other Host Service, (ii) any requirements for participation, such as the minimum age, related skills, level of fitness or other requirements, and (iii) anything else they may need to know to safely participate in the Experience, Event or other Host Service (including dress codes, equipment, special certifications or licenses, etc.).
7.3.3 If you wish to list an Experience on behalf of a Nonprofit (“Social Impact Experience”), you must comply with the eligibility requirements for hosting a Social Impact Experience. When listing a Social Impact Experience you (i) represent and warrant that you are duly authorized to act on behalf of your Nonprofit and (ii) acknowledge and agree that all payouts will be directed to an account owned by your Nonprofit. You and your Nonprofit acknowledge that listing a Social Impact Experience does not create a commercial fundraising or co-venturer, or charitable trust relationship with Hosting home and Hosting home is not a professional fundraiser or commercial participator. Nonprofits, and not Hosting home , are responsible for determining what, if any, portion of their Listing Fee is a charitable contribution and for providing Guests charitable tax receipts for any applicable charitable contributions. You and your Nonprofit are solely responsible for complying with all laws that apply to your organization and your Social Impact Experience.
7.3.4 You represent and warrant that you (i) understand and comply with all laws, rules and regulations that may apply to your Experience, Event or other Host Service(s), and (ii) will obtain any required licenses, permits, or registrations prior to providing your Experience, Event or other Host Service(s). You can find additional information about some of the legal obligations that may apply to you on our Responsible Hosting pages.
7.3.5 You must provide an Experience, Event or other Host Service in person and may not allow any third party to provide the Experience, Event or other Host Service on your behalf, unless authorized by Hosting home.
8. Terms specific for Guests
8.1 Terms applicable to all bookings
8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by the Host, you can book a Listing available on the Hosting home Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Guest Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your Hosting home Account.
8.1.2 Upon receipt of a booking confirmation from Hosting home , a legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. Hosting home Payments will collect the Total Fees at the time of the booking request or upon the Host’s confirmation pursuant to the Payments Terms.
8.1.3 If you book a Host Service on behalf of additional guests, you are required to ensure that every additional guest meets any requirements set by the Host, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Host. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Experience, Event or other Host Service if accompanied by an adult who is responsible for them.
8.2 Booking Accommodations
8.2.1 You understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to you by the Host to enter, occupy and use the Accommodation for the duration of your stay, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Host.
8.2.2 You agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between you and the Host. If you stay past the agreed upon checkout time without the Host’s consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Host, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the Host, plus all applicable Guest Fees, Taxes, and any legal expenses incurred by the Host to make you leave (collectively, “Overstay Fees”). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Host as a result of such Overstay. Hosting home Payments will collect Overstay Fees from you pursuant to the Payments Terms. A Security Deposit, if required by a Host, may be applied to any Overstay Fees due for a Guest’s Overstay.
8.3 Booking Experiences, Events and other Host Services
8.3.1 You should carefully review the description of any Experience, Event or other Host Service you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Host has specified in their Listing. You are required to inform the Host of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to safely participate in any Experience, Event or other Host Service. In addition, certain laws, like the minimum legal drinking age in the location of the Experience, Event or other Host Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Experience, Event or other Host Service.
8.3.2 Before and during an Experience, Event or other Host Service you must at all times adhere to the Hosts’ instructions.
8.3.3 You may not bring any additional individuals to an Experience, Event or other Host Service unless such an individual was added by you as an additional guest during the booking process on the Hosting home Platform.
9. Booking Modifications, Cancellations and Refunds, Resolution Center
9.1 Hosts and Guests are responsible for any modifications to a booking that they make via the Hosting home Platform or direct Hosting home customer service to make (“Booking Modifications”), and agree to pay any additional Listing Fees, Host Fees or Guest Fees and/or Taxes associated with such Booking Modifications.
9.2 Guests can cancel a confirmed booking at any time subject to the Listing’s cancellation policy, and Hosting home Payments will provide any refund to the Guest in accordance with such cancellation policy. Unless extenuating circumstances exist, any amounts due to the Host under the applicable cancellation policy will be remitted to the Host by Hosting home Payments pursuant to the Payments Terms.
9.3 If a Host cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking and Hosting home may publish an automated review on the Listing cancelled by the Host indicating that a booking was cancelled. In addition, Hosting home may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the Host has a valid reason for cancelling the booking pursuant to Hosting home Extenuating Circumstances Policy or has legitimate concerns about the Guest’s behavior.
9.4 For Experiences, Events and other Host Services, if inclement weather creates an unsafe or uncomfortable scenario for Guests, Hosts may modify or cancel a Host Service. If there is a substantial change in the itinerary or the Host Service needs to be cancelled, Hosting home will work with the Host to provide Guests an alternative date for the Host Service, an appropriate refund or a rebooking.
9.5 In certain circumstances, Hosting home may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be for reasons set forth in Hosting home Extenuating Circumstances Policy or (i) whereHosting home believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Hosting home , other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.
9.6 If a Guest suffers a Travel Issue pursuant to the Guest Refund Policy, Hosting home may determine, in its sole discretion, to refund the Guest part or all of the Total Fees in accordance with the Guest Refund Policy.
9.7 Members may use the Resolution Center to send or request money for refunds, additional Host Services, Co-Host Services or Damage Claims related to bookings. You agree to pay all amounts sent through the Resolution Center in connection with your Hosting home Account, and Hosting home Payments will handle all such payments pursuant to the Payments Terms.
10. Ratings and Reviews
10.1 Within a certain timeframe after completing a booking, Guests and Hosts can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Any Ratings or Reviews reflect the opinion of individual Members and do not reflect the opinion of Hosting home . Ratings and Reviews are not verified by Hosting home for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by Guests and Hosts must be fair, truthful and factual and may not contain any offensive or defamatory language. Ratings and Reviews must comply with Hosting home Content Policy and Extortion Policy.
10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party write a positive or negative Review about another Member.
11. Damage to Accommodations, Disputes between Members
11.1 As a Guest, you are responsible for leaving the Accommodation (including any personal or other property located at the Accommodation) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the Host (and the individuals the Host invites to the Accommodation, if applicable).
11.2 If a Host claims and provides evidence that you as a Guest have damaged an Accommodation or any personal or other property at an Accommodation (“Damage Claim”), the Host can seek payment from you through the Resolution Center. If a Host escalates a Damage Claim to Hosting home , you will be given an opportunity to respond. If you agree to pay the Host, or Hosting home determines in its sole discretion that you are responsible for the Damage Claim, Hosting home Payments will collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim pursuant to the Payments Terms. Hosting home also reserves the right to otherwise collect payment from you and pursue any remedies available to Hosting home in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Hosts under the Hosting home Host Guarantee.
11.3 Members agree to cooperate with and assist Hosting home in good faith, and to provide Hosting home with such information and take such actions as may be reasonably requested by Hosting home , in connection with any Damage Claims or other complaints or claims made by Members relating to Accommodations or any personal or other property located at an Accommodation (including, without limitation, payment requests made under the Hosting home Host Guarantee), Experiences, or Co-Host agreements. A Member shall, upon Hosting homereasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by Hosting home or a third party selected by Hosting home or its insurer, with respect to losses for which a Member is requesting payment from Hosting home (including but not limited to payments under the Hosting home Host Guarantee).
11.4 If you are a Guest or a Co-Host, you understand and agree that Hosting home may make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to an Accommodation or any personal or other property located at an Accommodation (including without limitation amounts paid by Hosting home under the Hosting home Host Guarantee). You agree to cooperate with and assist Hosting home in good faith, and to provide Hosting home with such information as may be reasonably requested by Hosting home , to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as Hosting home may reasonably request to assist Hosting home in accomplishing the foregoing.
12. Prohibited Activities
12.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Hosting home Platform. In connection with your use of the Hosting home Platform, you will not and will not assist or enable others to:
breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;
use the Hosting home Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Airbnb endorsement, partnership or otherwise misleads others as to your affiliation with Hosting home ;
use the Hosting home Platform in connection with the distribution of unsolicited commercial messages (“spam”);
offer, as a Host, any Accommodation that you do not yourself own or have permission to make available as a residential or other property through the Hosting home Platform;
unless Hosting home explicitly permits otherwise, book any Listing if you will not actually be using the Host Services yourself;
contact another Member for any purpose other than asking a question related to a your own booking, Listing, or the Member’s use of the Hosting home Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
use the Hosting home Platform to request, make or accept a booking independent of the Hosting home Platform, to circumvent any Service Fees or for any other reason;
request, accept or make any payment for Listing Fees outside of the Hosting home Platform or Airbnb Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Hosting home harmless from any liability for such payment;
discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;
use, display, mirror or frame the Hosting home Platform or Collective Content, or any individual element within the Hosting home Platform, Hosting home name, any Hosting home trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Hosting home Platform, without Hosting home express written consent;
dilute, tarnish or otherwise harm the Hosting home brand in any way, including through unauthorized use of Collective Content, registering and/or using Hosting home or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Hosting home domains, trademarks, taglines, promotional campaigns or Collective Content;
use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Hosting home Platform for any purpose;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Hosting home or any of Hosting home providers or any other third party to protect the Hosting home Platform;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Hosting home Platform;
take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Hosting home Platform;
or violate or infringe anyone else’s rights or otherwise cause harm to anyone.
12.2 You acknowledge that Hosting home has no obligation to monitor the access to or use of the Hosting home Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the Hosting homePlatform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Hosting home in good faith, and to provide Airbnb with such information and take such actions as may be reasonably requested by Hosting home with respect to any investigation undertaken by Hosting home or a representative of Hosting home regarding the use or abuse of the Hosting home Platform.
12.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Hosting home by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
13. Term and Termination, Suspension and other Measures
13.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Airbnb terminate the Agreement in accordance with this provision.
13.2 You may terminate this Agreement at any time via the “Cancel Account” feature on the Hosting home Platform or by sending us an email. If you cancel your Hosting home Account as a Host, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you cancel your Hosting home Account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
13.3 Without limiting our rights specified below, Hosting home may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.
13.4 Hosting home may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii)Hosting home believes in good faith that such action is reasonably necessary to protect the personal safety or property of Hosting home , its Members, or third parties (for example in the case of fraudulent behavior of a Member).
13.5 In addition, Hosting home may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Hosting home Account registration, Listing process or thereafter, (iv) you and/or your Listings or Host Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Airbnb otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) Hosting home believes in good faith that such action is reasonably necessary to protect the personal safety or property of Hosting home , its Members, or third parties, or to prevent fraud or other illegal activity:
refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
cancel any pending or confirmed bookings;
limit your access to or use of the Hosting home Platform;
temporarily or permanently revoke any special status associated with your Hosting home Account; or
temporarily or in case of severe or repeated offenses permanently suspend your Hosting home Account.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Hosting home and an opportunity to resolve the issue to Hosting home reasonable satisfaction.
13.6 If we take any of the measures described above (i) we may refund your Guests in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
13.7 When this Agreement has been terminated, you are not entitled to a restoration of your Hosting home Account or any of your Member Content. If your access to or use of the Hosting home Platform has been limited or your Hosting home Account has been suspended or this Agreement has been terminated by us, you may not register a new Hosting home Account or access and use the Hosting home Platform through an Hosting home Account of another Member.
13.8 Unless you reside in Germany, if you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
If you choose to use the Hosting home Platform or Collective Content, you do so voluntarily and at your sole risk. The Hosting home Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the Hosting home Services, laws, rules, or regulations that may be applicable to your Listings and/or Host Services you are receiving and that you are not relying upon any statement of law or fact made by Hosting home relating to a Listing.
If we choose to conduct identity verification or background checks 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.
You agree that some Experiences, Events or other Host Services may carry inherent risk, and by participating in those Host Services, you choose to assume those risks voluntarily. For example, some Host Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Host Services. You assume full responsibility for the choices you make before, during and after your participation in a Host Service. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your Host Service and to the maximum extent permitted by law, you agree to release and hold harmless Airbnb from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Host Service or in any way related to your Host Service.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
You agree to release, defend (at Hosting home option), indemnify, and hold Hosting home 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 Terms or our Policies or Standards, (ii) your improper use of the Hosting home Platform or any Hosting home Services, (iii) your interaction with any Member, stay at an Accommodation, participation in an Experience, Event or other Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) Hosting home Collection and Remittance of Occupancy Taxes, or (v) your breach of any laws, regulations or third party rights.
16. General Provisions
16.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Hosting home and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Hosting home and you in relation to the access to and use of the Hosting home Platform.
16.2 No joint venture, partnership, employment, or agency relationship exists between you and Hosting home as a result of this Agreement or your use of the Hosting home Platform.
16.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
16.4 If any provision of these 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.
16.5 Hosting home failure to enforce any right or provision in these 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 Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
16.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Hosting home prior written consent. Hosting home may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.”