支付服务条款

欧洲、英国和澳大利亚以外的用户支付服务条款

如果您居住或您所代表的组织设立在美国，则第 15 条中的仲裁协议和集体诉讼弃权声明适用于您。请仔细阅读该规定。

最后更新日期：2024 年 1 月 25 日

本《英国、欧洲和澳大利亚以外的用户支付服务条款 》（简称「支付条款」）构成您与爱彼迎支付实体之间具有法律约束力的协议，适用于通过爱彼迎平台进行的或与爱彼迎平台有关的支付服务（定义见下文）。凡本《支付条款》提及的「爱彼迎支付实体」、「我们」或「我们的」，系指与您就支付服务订立合约的爱彼迎支付实体。

爱彼迎支付实体向发布、提供和预订住宿、体验或其他房东/体验达人服务的会员提供支付服务，包括与 Open Homes 计划相关的服务以及通过爱彼迎平台提供的其他当前和今后的服务。支付服务是为了房东/体验达人的利益而提供的，支付服务包括（如有）以下内容（统称为「支付服务」）：

• 向与房客/体验参与者爱彼迎账号关联的付款方式收取款项（「付款」），例如信用卡、借记卡、银行账户或 PayPal 账户、数字钱包或信贷提供商提供的分期付款产品（「付款方式」）；
• 向与房东/体验达人爱彼迎账号关联的金融工具发放款项（「收款」），例如 PayPal 账户、银行账户、预付卡或借记卡（「收款方式）；
• 向房东/体验达人指定的第三方收款方式发放款项；
• 慈善捐款的收取与支付；
• 与房东/体验达人服务相关的其他支付相关服务。

为了使用支付服务，您必须年满 18 周岁，必须拥有符合爱彼迎服务条款（「条款」）的信誉良好的爱彼迎账号，并且必须确保付款信息和个人信息准确完整。

支付服务将由根据您居住国家/地区而确定的订约实体提供，但下列情况除外：

如果您改变您的居住国家/地区，与您签约的爱彼迎公司和适用的支付条款则自您改变居住国家/地区之日起根据您新的居住国家/地区确定。但请注意，对于在您改变居住国家/地区之前进行的所有订单，与您签约的爱彼迎支付公司将保持不变。

服务条款也适用于您使用爱彼迎平台的行为。本「支付条款」中未定义的所有带引号术语均具有「服务条款」中所赋予的含义。

欧洲、英国和澳大利亚以外的用户条款目录

1. 支付服务的使用
2. 房客/体验参与者条款
3. 房东/体验达人条款
4. 指定爱彼迎支付实体作为有限收款代理
5. 一般条款
6. 索赔和损害赔偿金额
7. 无人认领财产
8. 禁止的活动
9. 不可抗力
10. 免责声明
11. 责任
12. 赔偿
13. 修改、期限、终止和其他措施
14. 适用法律和争议解决
15. 美国仲裁协议
16. 其他
17. 爱彼迎支付英国公司签约用户附加条款
18. 爱彼迎巴西公司签约用户附加条款
19. 企业用户附加条款
20. 联系爱彼迎支付实体

1. 支付服务的使用

1.1 爱彼迎支付服务。 

使用支付服务即表示您同意遵守这些支付条款。为执行维护措施，确保支付服务的正常运行，爱彼迎支付实体可能会暂时限制或中止您对支付服务或其功能的访问或使用。爱彼迎支付实体会不时改善、增强和修改支付服务，并增加新的支付服务。爱彼迎支付实体将向会员发出有关任何变更支付服务的通知，除非该类变更不实质性增加会员的合同义务或减少会员在本《支付条款》下的权利。

1.2 第三方服务。 

支付服务可能包含指向第三方网站或资源（「第三方服务」）的链接。此类第三方服务适用不同的服务条款和隐私政策，会员应查阅这些条款和隐私政策。爱彼迎支付实体对此类第三方服务的使用概不负责。指向该等第三方服务的链接不构成爱彼迎支付实体对第三方服务的背书。

1.3 您的爱彼迎账号。 

爱彼迎可启用某些功能，允许您授权其他会员或第三方采取影响您爱彼迎账号的某些措施。如果您的爱彼迎账号启用了此功能，您可以授权第三方使用您的爱彼迎账号。您承认并同意，任何获得您授权使用您爱彼迎账号的人均可代表您使用支付服务，且您对此人进行的任何支付负责。

1.4 识别和验证。 

您授权爱彼迎支付实体，直接或通过第三方进行其认为必要的任何询问，以验证您的身份和您提供的信息，并在适用的情况下验证代表和受益所有人的身份。这可能包括 (i) 根据第三方数据库或其他渠道对您、您的代表和受益所有人（如适用）进行筛查，(ii) 要求服务提供商提交报告，(iii) 要求您、您的代表和受益所有人（如适用）提供政府身份证件（例如驾驶执照或护照），以检查您的姓名、出生地和出生日期、地址、国籍和/或我们根据适用法律认为必要的其他信息；或 (iv) 要求您采取措施，确认您电子邮件地址、付款方式或收款方式的所有权。如果我们无法获得或验证任何相关信息，爱彼迎支付实体保留关闭、中止或限制访问支付服务的权利。

1.5 附加条款。 

您访问或使用某些支付服务可能需遵守或接受附加条款和条件。若本《支付条款》与适用于特定支付服务的条款和条件有冲突，除非另有具体说明，您使用或访问特定支付服务时，适用于特定支付服务的条款和条件将优先于本《支付条款》。

2. 房客/体验参与者条款

2.1 添加付款方式。 

您在爱彼迎账号中添加付款方式时，须向爱彼迎支付实体或其第三方支付处理商提供常规账单信息，例如姓名、账单地址和金融工具信息。您授权爱彼迎支付实体及其支付服务提供商收集和存储您的付款方式信息。

2.2 付款方式验证。 

当您添加或使用新的付款方式时，爱彼迎支付实体可能会 (i) 通过支付服务提供商授权您的付款方式支付一两笔象征性金额，并要求您确认这些金额，或 (ii) 要求您上传对账单，来验证该付款方式。我们可以并保留从您的的付款方式中退还这些款项的权利。若您在结算时添加付款方式，我们将自动保存该付款方式至您的爱彼迎账号，用于今后的交易。自预订之日起至退房/体验完成之日后十四（ 14 ）天内，或在解决与该订单相关的未结损害索赔的任何额外时期内，您均不得删除与订单相关的付款方式。 当您添加或使用银行账户作为付款方式（适用于美国）时，您的银行账户必须能够接受以美元计价的借记。

2.3 付款授权。 

您允许爱彼迎支付实体直接或间接向您的付款方式（包括一个或多个付款方式）收取与您的爱彼迎账号相关的所有费用（包括任何适用税费），包括根据服务条款和第 6 节提出的损害赔偿金。当您使用银行账户付款时，您授权爱彼迎支付实体根据结算时显示的付款时间表从您的银行账户中借记。您还授权爱彼迎支付实体通过您的银行账户进一步借记或贷记，以更正任何错误的借记，对您的付款进行必要的调整，或向您的银行账户发放退款。

2.4 付款方式自动更新。 

如果您的付款方式账户信息（如账户号码、银行代号、到期日）因补发或其他原因发生变更，我们可能会通过我们的金融服务合作伙伴或您的银行获取这些信息，并自动更新您爱彼迎账号中存储的付款方式。

2.5 付款时间。 

爱彼迎支付实体通常会在房东/体验达人接受您的预订申请后收取全额费用。但是，如果您使用推送方付款方式（如 Sofort）支付，爱彼迎支付实体将在您提出预订申请或在房东接受您的预订申请后收取全额费用。爱彼迎可能会提供其他的支付时间节点和支付方式选项。使用这些替代支付选项的任何额外费用将在爱彼迎平台上显示，并包含在全额费用中，选择该支付选项即表示您同意支付该费用。替代支付选项的使用可能受其他条款和条件的约束。如果爱彼迎支付实体未能按计划收取到期全额费用，爱彼迎支付实体将根据第 5.3 条的规定，在晚些时候收取到期全额费用。预订申请付款成功后，您将收到一封确认电子邮件。

2.6 货币。  

2.6.1 

基于您选择的付款方式、居住国家/地区，以及/或您与爱彼迎支付的签约实体等因素，可用于支付款项的货币可能会因监管或运营原因而受到限制。任何此等限制将通过爱彼迎平台告知，如果您的首选货币不可用，系统将提示您选择其他货币或付款方式。

2.6.2 

请注意，如果您的爱彼迎支付签约实体所在国家/地区不同于您的付款方式提供商所在国家/地区，或您选择的货币不同于您的付款方式账单货币，您的付款可能会在您的居住国家/地区之外进行处理。因此，您的付款方式提供商可能会收取某些费用，您的付款方式账单上列出的金额可能与结算时显示的金额不同。例如，如果您使用美国发放的卡进行预订，但选择欧元作为您的货币，您的付款可能会在美国境外进行处理，银行、信用卡公司可能会收取国际交易费用和外汇费。此外，如果您选择使用不同于您的付款方式账单货币的币种付款，您的发卡行或信用卡公司可能根据您的发卡行自行确定的汇率和费用金额，将您的支付金额兑换成与您的付款方式相关联的账单货币。爱彼迎支付实体对此类费用概不负责，并对此不承担任何责任。如果您对这些费用或您的付款方式提供商应用的任何汇率有任何疑问，请与您的付款方式提供商联系。

2.7 预订申请状态。 

如果预订申请因为房东不接受而被拒绝，您在房东接受预订申请前取消订单，或订单被爱彼迎取消，爱彼迎支付实体根据第 5.5 节规定的政策收取的任何应退还的费用将退还给您，且您付款方式的任何预授权将根据第 5.5.2 节的规定解冻（如适用）。

2.8 付款限制。 

爱彼迎支付实体保留在以下情况拒绝或限制付款的权利：我们认为该等付款 (i) 可能违反爱彼迎支付实体的风险管理政策或程序， (ii) 可能违反本《支付条款》或条款，(iii) 未经授权、欺诈或非法付款，或 (iv) 使您、爱彼迎、爱彼迎支付实体或其他人面临爱彼迎支付实体无法接受的风险。

2.9 支付服务提供商。 

付款方式可能涉及使用第三方支付服务提供商。这些支付服务提供商在处理与支付服务相关的付款时可能会向您收取额外费用，爱彼迎支付实体对此类费用概不负责，并对此不承担任何责任。您的付款方式可能还需遵守其他使用条款。请您在使用付款方式前查阅。

2.10 您的付款方式，您的责任。 

爱彼迎支付实体对因您提供的付款方式信息有误使您遭受任何损失不承担责任。

2.11 不同的支付方式

2.11.1 先支付部分费用，稍后再付清全款

2.11.1.1 

爱彼迎可以在预订时要求房客支付全额费用的部分款项，之后在房客入住前要求其支付全额费用的剩余部分（「先支付部分费用，稍后再付清全款」）。该方案是否适用可能取决于房源和/或付款方式。

2.11.1.2 

如果您选择「先支付部分费用，稍后再付清全款」方案，爱彼迎平台将在您结算时告知您每次需支付的金额、货币和付款时间。在接下来的预定付款日期到来时，爱彼迎支付实体将自动通过您在预订时所使用的付款方式收取费用。

2.11.1.3 

如果您稍后对使用「先支付部分费用，稍后再付清全款」方案的订单进行了更改，爱彼迎将通知您更改后的付款时间（如适用），并且爱彼迎支付实体将在更改后的付款到期日自动向您在预订时使用的付款方式收费。如果更改后的预订总费用有所增加，您可能需要在更改订单时补足新产生费用的部分付款。

2.11.1.4 

您同意，选择使用「先支付部分费用，稍后再付清全款」付款方案，即代表您可能无法使用其他付款方式支付该订单或更改付款时间安排。

2.11.1.5 

如果爱彼迎支付实体无法收取您的付款，爱彼迎支付实体会通知您该等拒绝付款，并要求您在收到通知后 72 小时内使用其他付款方式完成付款。如果您未能完成付款，则您授权爱彼迎代您取消预订。如果订单被取消，您将会根据房东/体验达人的取消政策获得退款。

2.11.2 定期付款

2.11.2.1 

对于某些预订（例如二十八（ 28 ）晚或以上的居住预订），爱彼迎支付实体可要求房客以定期增加付款（「定期付款」）的方式支付全额费用。关于定期付款的更多信息（包括付款的金额和频率）可从爱彼迎平台获得。

2.11.2.2 

如果定期付款适用于某次已确认的预订，则房客同意授权爱彼迎支付实体收取到期全额费用。

2.11.2.3 

房客可在计划支付日期前至少三（3）个工作日口头或书面通知爱彼迎支付实体，停止定期付款。爱彼迎支付实体可要求您在口头通知后十四（14）日之内以书面形式确认停止支付的命令。如果您不能按要求在十四 （14）日内提供书面确认，爱彼迎支付实体将无义务履行您的要求，停止任何未来的定期付款。如果您对定期付款有任何问题，请联系爱彼迎支付实体。

2.12 现在预订，稍后付款。

房客可以不时使用旅行基金或其他分期付款方式支付住宿订单（「现在预订，稍后付款」）。这些付款方式将由 Klarna Bank AB （或其关联公司）而非由爱彼迎提供，但需遵守结算时提供的其他使用条款，且 Klarna 将成为您的付款债权人。根据付款方式的不同，这也将在您（借款人）和 Klarna（贷款人）之间单独缔结关系。使用这些付款方式之前，请查看所有适用的附加条款。

3. 房东/体验达人条款

3.1 收款。 

除非另有说明，爱彼迎支付实体通常会在房东/体验达人接受房客/体验参与者的预订申请时收取全额费用。

3.2 有效的收款方式。 

为了获得收入款项，您必须将有效的收款方式与您的爱彼迎账号关联。您在爱彼迎账号中添加收款方式时，须向爱彼迎支付实体或其第三方支付处理商提供姓名、政府签发的身份证件、税号、账单地址和金融工具等信息。根据收款方式的不同，您可能需要额外的信息，例如：住宅地址、账户上的姓名、账户类型、银行代号、账户号码、电子邮件地址、收款货币、身份证号以及与特定付款处理方相关联的账户信息。只有提供了所要求的信息，收款方式才能生效。 爱彼迎支付实体针对有效收款方式所需的信息可能会发生变化，爱彼迎支付实体可能会随时要求提供额外信息；如果所要求的信息未能提供，爱彼迎支付实体可能会暂时冻结、暂停或取消任何入账款项，直至信息提供并在必要时通过验证。您授权爱彼迎支付实体根据爱彼迎隐私政策收集和存储您的收款方式信息。爱彼迎支付实体也可能会根据适用法律要求与政府部门分享您的信息。

3.3 收款时间

3.3.1 

根据并以成功收到房客/体验参与者的付款为条件，爱彼迎支付实体通常会根据您选择的收款方式发放收入款项：(i) 对于住宿，在房客的预定入住时间 24 小时后（如果入住时间灵活或未指定，则为当地时间下午 3: 00 后 24 小时，如果当地时间不明，则为世界协调时间下午 3: 00 后 24 小时）；(ii)对于体验，则为体验开始后 24 小时；(iii) 对于所有其他房东/体验达人服务，则为爱彼迎平台指定的时间。对于二十八（ 28 ）晚或以上的住宿预订，爱彼迎支付实体通常会在房客预定入住时间后 24 小时发放第一笔收款，并在预订期间每 30 天发放一次未来收款。

3.3.2 

爱彼迎支付实体可能会为您安排其他收款时间或支付触发因素，这种情况下可能需遵守附加条款和条件。爱彼迎支付实体发放收款后，您收到收款所需的时间可能取决于您选择的收款方式。

3.4 收款。 

您从订单中获得的收入款项为总价减去适用杂费，如爱彼迎服务费和适用的税费，以及您同意分配给任何房屋管家/合作达人、房源业主、业主协会和/或其代理人（如物业管委会或物业管理公司）的金额。如果某个已确认的订单被取消，爱彼迎支付实体将根据条款和适用的取消政策向您发放应付的收款（如有）。

3.5 收款限制。 

爱彼迎支付实体可能会为防止非法活动或欺诈、风险评估、安全或完成调查，或者如果我们无法验证您的身份或获得或验证所需信息，而暂时搁置、暂停或取消收入款项的发放。此外，爱彼迎支付实体可能会因不可抗力事件（定义见下文）导致的大量预订取消或修改，而暂时搁置、暂停或延迟根据条款应启动或处理的应向您支付的任何收款。

3.6 收款货币。 

爱彼迎支付实体将以您在爱彼迎平台上选择的货币发放您的收入款项。基于您选择的收款方式、居住国家/地区，以及/或您与爱彼迎支付的签约实体等因素，可用于支付款项的货币可能会因监管或运营原因而受到限制。任何此等限制将通过爱彼迎平台告知，系统将提示您选择其他货币或收款方式。请注意，支付服务提供商可能会根据您选择的货币或收款方式收取交易费、货币兑换费或其他费用，爱彼迎支付实体对此类费用概不负责，并对此不承担任何责任。

3.7 收款限制。 

出于合规或运营原因，爱彼迎支付实体可能会限制收款金额。如果您的应收金额超出上限，爱彼迎支付实体可能（在数日内）分批向您支付应付金额，以支付您的全部应付金额。

3.8 支付服务提供商。 

收款方式可能涉及使用第三方支付服务提供商。该等支付服务供应商在处理与支付服务相关的收款时，可能额外向您收取费用（包括从收款金额中扣除费用），爱彼迎支付实体对该等费用概不负责，并对此不承担任何责任。您的收款方式可能还受此类第三方支付服务提供商的其他使用条款的约束。请您在使用收款方式前查阅。

3.9 资金处理。 

爱彼迎支付实体可以合并向房客/体验参与者收取的款项，并在适用法律允许的情况下以该等款项进行投资。爱彼迎支付实体将保留从这些投资中赚取的利息。

3.10 您的收款方式，您的责任。 

爱彼迎支付实体对因您提供的付款方式信息有误使您遭受任何损失不承担责任。

3.11 不同的收款方式

3.11.1 拆分收款

如果您以团队、企业或其他组织（「房东/体验达人团队」）成员的身份与一名或多名其他房东/体验达人共同提供房东/体验达人服务，爱彼迎可以向此类房东/体验达人提供在房东/体验达人团队成员之间分配订单总收入的选项。爱彼迎支付实体将根据房东/体验达人团队一名或多名成员的指示执行此类付款，并对与房东/体验达人在提供此类付款指示时的错误或疏漏造成的任何损失概不负责。

3.11.2 与爱彼迎支付美国公司签约的房东/体验达人所使用的虚拟信用卡

3.11.2.1 

某些房东/体验达人可能有资格通过虚拟信用卡（「VCC」）收款。如果通过 VCC 向房东/体验达人发放收入款项，爱彼迎支付实体将为您提供每笔订单的 VCC 号码和授权金额。每个 VCC 将能够在预定入住/体验开始时间前 24 小时收费（如果入住/体验开始时间灵活或未指定，则为当地时间下午 3:00 前 24 小时，如果当地时间不明，则为协调世界时下午 3:00 前 24 小时），并将在预定入住/体验开始时间 180 天后过期。

3.11.2.2 

作为爱彼迎支付实体有义务向您支付订单费用的先决条件，您同意不早于订单入住/体验开始前一天且不晚于入住/体验开始后 180 天向每个 VCC 收费，任何未向 VCC 收费的行为均应视为您确认爱彼迎支付实体无需向您支付任何金额（例如，由于房客/体验参与者取消订单或进行其他调整），爱彼迎支付实体可保留房客/体验参与者向爱彼迎支付的任何金额，作为爱彼迎支付管理费的额外对价。您承认并同意，爱彼迎支付实体通常不了解订单进行期间发生的事件（例如，房客的实际抵达或离开日期，或您和房客/体验参与者之间协商的取消或对订单的任何其他调整），因此，爱彼迎支付实体有权认可并接受您向 VCC 收取的任何费用，并认为这些费用是准确的最终金额。

3.11.2.3 

如果您不当使用 VCC 或向 VCC 多收费，或者在向 VCC 收费后，房客/体验参与者取消订单和/或根据适用的取消政策应获得退款，您同意在爱彼迎支付实体提出要求的情况下向 VCC 退款。您确认，爱彼迎支付实体有权通过本《支付条款》允许的任何其他方式和/或向您发起拒付，收回应付给爱彼迎支付实体的任何款项。

3.11.2.4 

在房客入住房源后，您需要自行负责直接向房客收取任何费用，以支付任何杂费或房客要求的升级。您同意，在未事先与爱彼迎支付实体确认可接受的情况下，不得满足房客/体验参与者提出的可能会导致爱彼迎支付实体退还部分总价的任何要求。

3.11.2.5 

爱彼迎支付实体有权在向 VCC 收取任何房客/体验参与者预订费用之日起一（1）年内审计 VCC 费用，并要求您提供证明收费金额的文件。如果爱彼迎支付未在此期限内行使此项权利，则 VCC 收费应视为正确。如果您无法提供足够的文件来支持 VCC 收费，爱彼迎支付实体有权向您发起拒付和/或通过本《支付条款》允许的任何其他方式收回应付金额。

3.12 现在预订，稍后付款。

如果德国房客/体验参与者选择使用 Klarna 的「现在购买，稍后付款」选项（「分 3 期付款」选项除外）支付住宿/体验订单，则适用这些房东/体验达人附加条款。

4. 指定爱彼迎支付实体作为有限收款代理

4.1 

每一位房东/体验达人（包括每位房东/体验达人团队成员）特此指定爱彼迎支付实体为房东/体验达人的收款代理机构，该指定仅限于代表房东/体验达人接受和处理房客/体验参与者购买房东/体验达人服务的资金。

4.2 

每位房东/体验达人（包括每位房东/体验达人团队成员）同意，房客/体验参与者通过爱彼迎支付实体支付款项应视为等同于直接向房东/体验达人付款，房东/体验达人将以约定的方式向房客提供房客/体验参与者预订的房东/体验达人服务，犹如房东/体验达人已直接从房客/体验参与者那里收到付款一样。每位房东/体验达人均同意，爱彼迎支付实体可以根据条款向房客/体验参与者退款。每位房东/体验达人均认可，爱彼迎支付实体向房东/体验达人付款的义务取决于并以成功收到房客/体验参与者的相关付款为条件。爱彼迎支付实体仅保证以其根据本《支付条款》成功收到的房客/体验参与者款项向房东/体验达人付款。爱彼迎支付实体接受作为房东/体验达人有限收款代理人的指定，不代表爱彼迎支付实体为房东/体验达人的任何行为或疏忽承担责任。

4.3 

每一位房客/体验参与者确认并同意，尽管爱彼迎支付实体不是您和房东/体验达人（包括每位房东/体验达人团队成员）之间的协议的一方，爱彼迎支付实体作为房东/体验达人收款代理人，仅限于代表房东/体验达人接受您的付款。房客/体验参与者向爱彼迎支付实体支付资金后，房客/体验参与者对房东/体验达人商定金额的支付义务即告终止，爱彼迎支付实体有责任以本《支付条款》所述的方式向房东/体验达人汇出成功收到的资金。如果爱彼迎支付实体没有完成支付服务的提供并汇出任何此类金额，房东/体验达人就未能提供支付服务仅可对爱彼迎支付实体有追索权，而不能直接向房客/体验参与者追索。

5. 一般条款

5.1 费用。

爱彼迎支付实体可为使用特定支付服务收取费用，任何适用的费用将通过爱彼迎平台或在条款中向您披露。

5.2 支付授权。 

您授权爱彼迎支付实体按照《支付条款》和/或服务条款的规定，以下列方式向您收取款项：(i) 通过与预订相关的付款方式或您在爱彼迎账号中授权的任何其他付款方式收取费用或借记（除非您事先取消了通过该付款方式收费或扣费的授权），或 (ii) 从您未来的入账款项中扣除该等金额。具体来说，您授权爱彼迎支付实体向您收取：

• 应付给爱彼迎或爱彼迎支付实体的任何款项（例如，由于您作为爱彼迎平台的房客/体验参与者、房东/体验达人或用户的预订、预订修改、取消预订或其他行动），包括爱彼迎或爱彼迎支付实体代表您预付的费用的偿还。爱彼迎支付实体收取的任何资金将扣减您欠爱彼迎或爱彼迎支付实体的款项，并抵消您对爱彼迎或爱彼迎支付实体的义务。
• 爱彼迎作为房东/体验达人的收款代理人向房客/体验参与者收取的应向房东/体验达人支付的款项，详见上文第 4 节。
• 适用且于条款中规定的税费。
• 通过调解中心支付的与您的爱彼迎账号相关的任意金额。
• 根据条款和第 6 节，应向爱彼迎或爱彼迎支付实体支付的任何损害赔偿金额。
• 根据条款应支付的超时停留罚款，包括收取超时停留罚款产生的任何花费和费用。
• 任何根据条款应收取的服务费或取消费（例如：如果您作为房东取消了一个已确认的预订）。
• 在房客取消了已确认的订单或爱彼迎决定必须按照条款、重新预订和退款政策、体验参与者退款政策、重大干扰性事件政策、Luxe 重新预订和退款政策，或其他适用的取消政策取消订单时，您作为房东/体验达人所收到的任何款项。您同意，如果您已经收到款项，爱彼迎支付实体将有权从您那里收回任何此类房客/体验参与者退款金额，包括将该笔退款金额从未来应付给您的任何收款中扣除。

如果您在预订后的任何时候有欠款，例如分期付款计划或定期付款费用、订单修改、调解中心付款或损害赔偿（「额外金额」），您授权爱彼迎支付实体通过向与相关预订相关的付款方式收取费用来收取此类额外金额的款项，而无需您采取任何进一步的行动。在收取任何额外金额之前，爱彼迎支付实体会书面通知您。

如果您与相关订单相关的付款方式因任何原因（例如资金不足）被确定为过期、无效或无法收取费用，您仍需对任何未收取的金额负责。您授权爱彼迎支付实体再次向与您的预订相关的付款方式收取或借记款项，或使用与您的爱彼迎账号相关的档案中的任何其他付款方式（如有）来收取此类额外金额。每次付款失败，您的银行都可能会向您收取透支或其他费用。因任何原因未收取的任何金额都将受到任何可能的补救措施的约束，包括但不限于移交给收款机构，或寻求对您提起诉讼或索赔。

如果爱彼迎有理由认为您作为房东参与了欺诈活动，例如超额支付诈骗、预订欺诈或其他欺诈，且爱彼迎支付实体为此类住宿发放了收款，爱彼迎支付实体可能会通过减少、扣除或从未来欠您的任何收款中借记相应金额的方式向您追讨此类款项。

除了上述任何到期金额外，如果存在与您的付款方式相关的拖欠款或退款，您可能会被收取爱彼迎支付实体收取这些拖欠款和退款产生的附带费用。此类费用或收费可能包括托收费、便利费或其他第三方收费。

5.3 追款

5.3.1 

如果爱彼迎支付实体无法向您收取条款和本《支付条款》项下您应付的费用，爱彼迎支付实体为收取费用可参与向您追索该等金额。

5.3.2 

在以下情况下，爱彼迎支付实体将视未付款项已逾期：(a) 对于已授权的收款，在爱彼迎支付实体首次尝试向您的付款方式收取或借记或相关服务已被提供后（以较晚者为准），已超过一百二十（120）日；及 (b) 对于从房东/体验达人未来收款中的预扣款项，对房东/体验达人爱彼迎账号进行调整或相关服务已被提供后（以较晚者为准），已超过二百七十（270）日。

5.3.3 

以下情况发生超过三百六十五（365）日时，爱彼迎支付实体将视逾期未收取款项为已违约：(a) 对于已授权的收款或借记，在爱彼迎支付实体首次尝试向您的付款方式收取或借记费用或相关服务已被提供，以较晚者为准；及 (b) 对于从房东/体验达人未来收款中的预扣款项，对房东/体验达人爱彼迎账号进行调整或相关服务已被提供，以较晚者为准。

5.3.4 

您在此明确同意，有关拖欠费用的所有通信应以电子邮件或电话进行，电子邮箱或电话号码为您向爱彼迎和/或爱彼迎支付实体提供的地址或号码。该通信可由爱彼迎、爱彼迎支付实体或其任何代表进行，包括但不限于第三方收款代理。

5.4 付款处理错误

5.4.1 

爱彼迎支付实体将采取必要措施，纠正我们发现的任何付款处理错误。该等措施可能包括对与您使用或选择的原始收款方式或付款方式进行贷记或借记（视情况而定），以便您最终收到或支付正确的金额。此等措施可由爱彼迎支付实体或第三方（如您的金融机构）执行。我们还可以采取措施，通过减少、抵销和/或从未来欠您的任何收款中扣除或借记此类款项的方式，收回错误发送给您的款项（包括但不限于因处理错误而向您重复支付的款项）。

5.4.2 

如果您收到错误的资金，您同意立即将这些资金退还给爱彼迎支付实体。

5.5 退款

5.5.1 

对于根据服务条款 、重大干扰性事件政策 、重新预订和退款政策及体验参与者退款政策向会员发放的任何退款或旅行基金，爱彼迎支付实体将根据本《支付条款》进行发放和退还。

5.5.2 

根据本 5.5.2 节的规定，爱彼迎支付实体将立即发起退款处理。如果出现房东/体验达人取消订单的情况，爱彼迎支付实体将保留款项最多 72 小时，等待向房客/体验参与者发放退款，或房客/体验参与者要求爱彼迎使用该款项重新预订其他房源/体验。在某些情况下，退款过程可能包括接受旅行基金而不是现金退款的选项；如果向您提供此选项，您的退款时间将通过爱彼迎平台告知。收到任何现金退款或解冻您的付款方式的任何预授权所需的时间会因付款方式和任何适用的支付系统（例如 Visa、Mastercard 等）的规定而不同。如果发生可能影响退款处理和结算的不可抗力事件，爱彼迎支付实体将根据实际情况尽快启动并处理退款。

6. 索赔和损害赔偿金额

6.1 

如果您应对损害赔偿负责，根据服务条款第 15 节，爱彼迎可以通过爱彼迎支付实体向预订时使用的付款方式或损害赔偿发生时或之后您爱彼迎账号绑定的任何其他付款方式收取损害赔偿，最高金额规定详见服务条款第 15 节。为便于支付此费用，当您预订房源/体验时，您同意爱彼迎可以通过爱彼迎支付实体向预订房源/体验时使用的付款方式收取损害赔偿金额。

6.2 

您同意爱彼迎支付实体可以根据您投保的任何保险单向您索取赔偿，爱彼迎支付实体也可以向您寻求可能的补救措施，包括但不限于转介给收款机构，或寻求对您提起诉讼或索赔（包括与损害赔偿相关的诉讼或索赔），或房东根据房东财产保障金计划提出的付款请求。

7.无人认领财产

如果爱彼迎支付实体持有应付给您的款项（例如，由于我们无法向您发放收款或退款），或者您没有在您所在州、国家或其他管理机构在其无人认领财产法中规定的相关期限内使用礼品卡或礼品信用证，我们可能会根据法律义务处理应付给您的款项，包括按照适用的无人认领财产法的要求向相关理事机构报告和升级（发送）此类款项。

8. 禁止的活动

8.1 

您自行负责遵守因您使用支付服务而适用的所有法律、法规和条例以及纳税义务。在使用支付服务过程中，您不得从事下列行为，且您同意您本人将不会且不会协助或使得其他人从事下列行为：

• 违反或规避任何适用的法律或法规；
• 违反或规避与第三方的任何协议、第三方权利或条款、附加法律条款、政策或 标准；
• 将支付服务用于未经本《支付条款》明示允许的任何商业或其他目的；
• 在您的爱彼迎账号中输入或使用任何不属于您的或者您未获得授权使用的付款方式或收款方式；
• 避免、绕过、移除、停用、危害、解扰或以其他方式规避爱彼迎支付实体或爱彼迎支付实体的任何供应商或任何其他第三方为保护支付服务而实施的技术措施；
• 采取任何将对支付服务的性能或正常运行造成损害或带来不利影响，或可能造成损害或带来不利影响的行动；
• 试图对用于提供支付服务的任何软件进行破译、反编译、反汇编或反向工程；或
• 损害或侵犯任何其他人的权利或以其它方式对任何人造成伤害。

8.2 

我们必须根据我们的内部政策和各司法管辖区有关防止洗钱和实施制裁的法律行事，包括：(i) 美国政府不时实施、管理或执行的经济或金融制裁或贸易禁运，包括由外国资产控制办公室或美国国务院实施的制裁；或 (ii) 联合国安全理事会、欧盟或英国财政部实施的制裁。您将遵守适用于您和您所在司法管辖区的任何有关金融制裁和任何有关出口管制法律。

9. 不可抗力

爱彼迎支付实体对因超出爱彼迎或爱彼迎支付合理控制的异常或不可预见情况造成的且即使做出了所有努力亦无法避免其后果的任何延误或不履行本《支付条款》规定的任何义务概不负责，包括但不限于天灾、自然灾害、战争、恐怖主义、骚乱、禁运、民事或军事当局的行为、火灾、洪水、事故、传染病、流行病或疾病、罢工，或交通设施、燃料、能源、劳动力或材料的短缺（「不可抗力事件」）。

10. 免责声明

10.1 

您选择使用支付服务，即表示您自愿作出选择并自行承担风险。在法律允许的最大限度内，支付服务以原状提供，不包含任何明示或默示的保证。

10.2 

尽管爱彼迎支付实体根据第 4 节被指定为房东/体验达人的有限收款代理，爱彼迎支付实体明确不对任何会员或其他第三方的任何行为或疏忽承担任何责任。爱彼迎支付实体作为房东的代理不承担任何本《支付条款》明确规定的范围之外的其他职责或义务，并在法律允许的最大限度内明示排除法律默示的任何额外职责和义务。

10.3 

如果我们决定核实任何会员的身份，在适用法律允许的范围内，我们不以任何明示或默示的形式保证该调查将发现会员先前的不当行为，或担保会员未来不会从事不当行为。

10.4 

前述免责声明在法律允许的最大限度内适用。您可享有其他法定权利或无法依法排除的保证。但是，任何法定保证的期限不得超出法律允许的最长期限（如有）。

11. 责任

11.1 

您承认并同意在法律允许的最大限度内，您自行承担访问和使用支付服务所产生的全部风险。如果您允许或授权其他人以任何方式使用您的爱彼迎账号，您对此人采取的行动负责。爱彼迎支付实体和参与创建、制作或交付支付服务的任何其他方均不对因下列原因引起的或与之相关的，基于保证、合同、侵权（包括过失侵权）、产品责任或任何其他法理的任何偶然、特殊、惩戒性、后果性损害（包括利润损失、数据损毁或商誉损害、服务中断、计算机损坏或系统故障，或者替代产品或服务的费用），或者个人或人身伤害或精神损害承担责任：(i) 本《支付条款》，(ii) 使用或无法使用支付服务，或 (iii) 您与其他会员通信、交流或会面，或您因使用支付服务与其他人进行的通信、交流、交易或会面，不论爱彼迎支付实体是否接到可能发生该等损害的通知，且即便本《支付条款》规定的有限救济被认定未能实现其根本目的。除我们根据本《支付条款》或依照房东财产保障金计划或日本房东保险计划批准的支付请求应向房东履行的支付义务之外，爱彼迎支付实体因本《支付条款》和您使用支付服务（包括但不限于您使用或无法使用支付服务）所产生的或与之相关的责任总额，在任何情况下均合计不超过 (i) 您作为房客/体验参与者在引起责任的事件之前的十二（12）个月内通过爱彼迎平台支付或欠付的金额，或如果您是房东/体验达人，爱彼迎支付实体在引起责任的事件之前的十二（12）个月内向您支付的金额，或 (ii) 在不存在支付的情况下，不超过一百（100）美元（如适用）。前述损害赔偿限额是爱彼迎支付实体与您达成交易所依据的基本要素。在一些不允许排除或限制结果性或偶然性损害赔偿责任的司法管辖区，前述限制对您可能不适用。如您居住在美国境外，前述内容不影响爱彼迎支付实体承担因过失导致死亡或人身伤害、欺诈性不实陈述、对根本事项的不实陈述的责任，或其他适用法律规定不可排除或限制的任何责任。

12. 赔偿

在适用法律允许的最大范围内，您同意，因下列原因或与之相关的任何情形，给爱彼迎支付实体及其关联公司和子公司及其高级管理人员、董事、雇员和代理造成任何索赔、责任、损害赔偿、损失和费用（包括但不限于合理的律师费和会计费），您将免除前述各方的责任，（根据爱彼迎支付实体的决定）为其辩护，对其作出赔偿，并使其免受损害： (i) 您违反本《支付条款》； (ii) 您不当使用支付服务； (iii) 您未能或我们按照您的指示未能准确报告、收取或汇缴税款；或 (iv) 您违反任何法律、法规或侵犯第三方权利。

13. 修改、期限、终止和其他措施

13.1 修改。 

除适用法律另有要求外，爱彼迎支付实体可以随时修改本《支付条款》。如果爱彼迎对本《支付条款》作出重大变更，我们会将修订后的条款公布在爱彼迎平台上，并更新条款页面顶端的「最后更新日期」。如果您受到修改的影响，我们也会在条款生效前至少提前三十（30）天向您发送修改通知。如果您与爱彼迎支付英国公司签约，您将至少在前述生效日前两（2）个月收到通知。如果您未在修改后的条款生效之日前终止您的协议，您继续使用支付服务即构成您接受修改后的《支付条款》。

13.2 期限。 

本《支付条款》所反映的您与爱彼迎支付实体之间的协议，在您创建爱彼迎账号或使用支付服务时生效，并持续生效直至您或我们根据第 13.3 节终止本协议为止。

13.3 终止。 

您可以随时通过给我们发送电子邮件或删除您的爱彼迎账号来终止本协议。终止本协议也将视为您按照条款发送注销您的爱彼迎账号的通知。爱彼迎支付实体可以随时提前三十（30）日（或对于与爱彼迎支付英国公司签约的会员而言，提前两（2）个月）向您的注册邮箱发送电子邮件通知来终止本协议，且下文规定的爱彼迎的权利不受限制。如发生下列情形，爱彼迎支付实体可不经通知立即终止本协议：(i) 您严重违反您在本协议项下的义务，(ii) 您提供不准确、有欺诈性、过时或不完整的信息；(iii) 您违反适用法律、法规或侵犯第三方权利，或 (iv) 爱彼迎支付实体善意认为有必要采取该等措施，以保护其他会员、爱彼迎、爱彼迎支付实体或第三方。

13.4 暂停和其他措施。 

在以下情况中，爱彼迎支付实体可以限制、暂停或永久停止您使用或访问支付服务：(i) 为遵守适用法律或法院、执法机关或其他行政机关或政府机构的命令或要求；(ii) 您已经违反本《支付条款》、条款、适用法律、法规或侵犯第三方权利；(iii) 您提供的关于付款方式或收款方式的信息不准确、有欺诈性、过时或不完整；(iv) 您在本《支付条款》项下所欠任何金额逾期或违约；或 (v) 爱彼迎支付实体善意认为有必要采取该等措施，以保护爱彼迎、爱彼迎会员、爱彼迎支付实体或第三方的人身安全或财产，或防止欺诈或其他不法行为。此外，对于由于信用卡到期、资金不足或其他原因导致的付款失败，我们可能会暂停您访问支付服务，直到我们可以通过有效的付款方式收款。

13.5 申诉。 

如果爱彼迎支付实体采取了第 13.3 节和第 13.4 节所述的任何措施，您可以通过联系客服对此类决定提起申诉。

13.5 终止的效果。 

如果您作为房东/体验达人取消了爱彼迎账号，或者爱彼迎支付实体采取了上述任何措施，爱彼迎支付实体可能会向任何已确认预订的房客/体验参与者提供全额退款，对于被取消的待确认或已确认订单，您无权获得任何补偿。如果您作为房客/体验参与者注销爱彼迎账号，爱彼迎支付实体将按照服务项目取消政策对任何已确认的订单退款。如果我们暂停、限制您访问或使用支付服务或终止本协议，您将无法注册新的爱彼迎账号或通过其他会员的爱彼迎账号访问和使用支付服务。

13.7 存续。 

本《支付条款》第 5 节至第 20 节在本协议终止或到期后继续有效。

14.适用法律和争议解决

14.1 

如果您与爱彼迎支付美国公司签约，本《支付条款》将依据加利福尼亚州和美利坚合众国的法律解释，不考虑法律冲突条文的规定。第 15 节仲裁协议范围之外的司法程序（小额索赔诉讼除外）应提交至位于加利福尼亚州旧金山的州或联邦法院，除非双方一致同意在其他地点进行诉讼。您和我们均同意加利福尼亚州旧金山市作为审理地点并接受其属人管辖。

14.2 

如果您与爱彼迎支付英国公司签约，本《支付条款》将依据英格兰法律解释。如果您是个人消费者，并且您居住国的强制性法定消费者保护条款包含对您更有利的条款，则无论英格兰法律如何规定，此类条款均应适用。作为个人消费者，您可以向您居住地的主管法院或英格兰的有管辖权的法院提起与本《支付条款》相关的任何司法诉讼。如果爱彼迎打算针对您（作为消费者）强制执行任何权利，只能向您居住地所在司法管辖区的法院提出申请。如果您是企业，您同意接受英格兰法院的专属管辖。

14.3 

如果您与爱彼迎支付印度公司签约，本《支付条款》将依据印度法律解释。因本《支付条款》引起或与之相关的任何争议应提交至国际商会仲裁（「国际商会」），仲裁地为新德里。仲裁应按照申请时有效的国际商会仲裁规则进行，但本节不得解释为限制爱彼迎支付实体向任何有管辖权的法院申请要求您从事或禁止您从事特定行为的命令的权利，也不得解释为限制依据印度法律或其他法律您可申请适用的临时救济。如果争议的一方或多方不是印度居民，为免疑义，各方同意就本节项下任何仲裁，排除适用 1996 年《印度仲裁和调解法》第一部分规定（第 9 节、第 27 节、第 37(1)(a) 节和第 37(3) 节除外）。仲裁程序应以英语进行。仲裁裁决是最终裁决，对双方均有约束力。各方自行承担其与仲裁相关的费用。

14.4 

如果您与爱彼迎巴西公司签约，本《支付条款》将依据巴西法律解释。如您是消费者，您对我们提起的、因本《支付条款》引起或与之相关的诉讼仅可提交至位于巴西圣保罗州圣保罗市的法院或您居住地的有管辖权的法院。如果您是企业，您同意接受位于巴西圣保罗州圣保罗市的法院的专属管辖。

15.美国仲裁协议

请仔细阅读以下段落，因为其中规定您和爱彼迎支付实体同意通过具有约束力的单独仲裁来解决我们之间的所有纠纷，并包括集体诉讼豁免和陪审团审判豁免。本仲裁协议取代所有先前版本。

15.1 适用范围。 

本仲裁协议仅适用于您与爱彼迎支付美国公司签约的情况。如果您没有与爱彼迎支付美国公司签订合同，但您仍试图在美国向爱彼迎支付实体提出任何法律索赔，则本仲裁协议将用于确定本第 15 节是否适用于您的管辖问题，以及所有其他有关管辖权的认定，包括居住地、可仲裁性、审理地点和适用法律。

15.2 争议解决流程概述。 

爱彼迎支付实体致力以对消费者友好的程序解决争议。为此，本《支付服务条款》规定了适用于本第 15 节的个人的两步流程：(1) 与爱彼迎客户服务团队直接进行非正式协商（见下文 15.3 节），必要时 (2) 根据本仲裁协议的条款进行具有约束力的仲裁。作为仲裁的替代选择，您和爱彼迎支付实体各自保留在小额索赔法庭寻求解决争议的权利。

15.3 强制性仲裁前争议解决和通知。 

您和爱彼迎支付实体同意在启动仲裁前至少 30 天内以书面形式向对方发送个别拟订的争议通知（「争议前通知」），并真诚尝试通过协商以非正式的方式解决个别索赔。您必须将争议前通知邮寄至爱彼迎支付实体的法定送达代收人：CSC Lawyers Incorporating Service, 2710 Gateway Oaks Drive, Suite 150N, Sacramento, California 95833。爱彼迎支付实体会将争议前通知发送至与您的爱彼迎账号绑定的邮箱。争议前通知必须包括以下内容：日期、您的姓名、邮寄地址、您的爱彼迎用户名、您用于创建爱彼迎账号的电子邮件地址、您的签名、争议的简短描述以及所寻求的救济。只有在当事双方无法在 30 天内解决争议的前提下，任何一方才可向根据下文第 15.6 节指定的仲裁机构提交书面仲裁请求，以便开始仲裁流程。索赔人的争议前通知要求是任何仲裁的先决条件，必须在任何仲裁请求中附上争议前通知的副本和按节条要求发送的证据。

15.4 仲裁协议。 

您和爱彼迎支付实体一致同意，由本《支付条款》或其适用、违反、终止、有效性、执行、解释或使用支付服务引起或与之相关的任何争议、索赔或纠纷（合称「争议」）将通过有约束力的个别仲裁个别解决（「仲裁协议」）。如果对本仲裁协议是否可以执行或适用于我们的争议存在争议，您和爱彼迎支付实体同意由仲裁员决定该问题。为免存疑，您和爱彼迎同意，有关可仲裁性以及第 15 节全部或部分内容的构成、可执行性、有效性、范围或解释的任何问题，包括有关遵守争议前通知要求和当事方支付仲裁费的责任的任何争议，均应由仲裁员解决。

15.5 仲裁协议的例外情况。 

您和爱彼迎支付实体均同意，以下诉讼原因和/或救济要求是仲裁协议的例外情形，并将在具有管辖权的法院（定义见第 15 节）的司法程序中提起：(i) 基于紧急情况（例如：存在犯罪、黑客入侵或网络攻击的紧迫危险或已发生此类情形）寻求紧急禁令救济的任何索赔或诉讼事由；或 (ii) 申请公共禁令救济；(iii) 任何关于滥诉的索赔或诉因；或 (iv) 因您使用爱彼迎平台或房东/体验达人服务而引起的任何个人关于性侵犯或性骚扰的主张。您和爱彼迎支付实体同意，在所有可仲裁索赔、补救措施或诉讼原因得到仲裁后方可寻求公共禁令救济作为补救措施，并在根据《联邦仲裁法》第 3 节进行仲裁的结果发布前中止相关程序。

15.6 仲裁庭、规则和管辖法律。 

本仲裁协议涉及州际商事交易，因此本仲裁协议（而非州法律）的实质性和程序性解释与执行适用《联邦仲裁法》。仲裁将由 ADR Services, Inc.（「ADR」）（www.adrservices.com）根据《联邦民事诉讼程序规则》（「特定联邦规则」）（https://www.uscourts.gov/rules-policies/current-rules-practice-procedure/federal-rules-civil-procedure）第 1、6–7、8–9、11–12、45、54 和 56 条以及当时有效的《ADR 仲裁规则》（「ADR 规则」）进行，但特定联邦规则或 ADR 规则经本仲裁协议修改或与本仲裁协议相冲突的情况除外。如需了解 ADR 规则，请访问 www.adrservices.com。如果仲裁请求根据本协议和 ADR 规则提交给 ADR Services，且 ADR Services 无法或不会进行仲裁，则仲裁将由美国仲裁协会（「AAA」）根据当时有效的特定联邦规则和 AAA 的消费者仲裁规则和/或仲裁员确定适用的其他 AAA 仲裁规则（「AAA 规则」）进行，但经本条修改的情况除外。如需了解美国仲裁协会规则，请访问 www.adr.org。如果美国仲裁协会不能也不会进行仲裁，您和爱彼迎支付实体应协商并选择其他仲裁庭；如果我们无法达成一致，您或爱彼迎支付实体可以根据《美国法典》第 9 篇第 5 节请求法院指定仲裁员。在这种情况下，仲裁将根据指定仲裁庭的规则进行，除非这些规则与本仲裁协议的规定不一致。

15.7 仲裁规则的修改 - 仲裁审理/地点。 

为使仲裁对您而言最具成本效益、效率和方便，争议金额不超过 1,000,000 美元的仲裁中的任何所需仲裁审理均应通过视频会议远程进行，除非当事方另有约定或仲裁员另有指示。在争议金额超过 1000000 美元的仲裁中，任何必要的仲裁审理应在旧金山县进行，除非双方另有约定或仲裁员另有指示。如果争议金额不超过 10000 美元，双方同意仅以向仲裁员提交文件的形式进行仲裁。

15.8 仲裁规则的修改 - 仲裁费用和成本。 

您的仲裁费用和应分担的仲裁员酬劳以 ADR 规则和 ADR Services 费用表（可在 www.adrservices.com 上查看）为准。如果您的月收入总额低于联邦贫困线指南的 300%，您有权免除仲裁费和费用，但不包括仲裁员费用。您可以向仲裁机构提供宣誓声明，说明您的每月收入和您家庭中的人数，从而请求免除费用。如果仲裁机构同意免除服务费，且您向爱彼迎支付提供必要文件，证明您的月收入总额低于联邦贫困线指南的 300%，爱彼迎支付将支付您应分担的任何仲裁员费用。

15.9 仲裁规则的修改 - 出于不当目的或违反本仲裁协议的索赔。 

任何一方都可以在证明对方或其律师提出的索赔或辩护在事实上或法律上毫无根据、出于恶意或骚扰目的或者是无关紧要的情况下，请求仲裁员进行制裁。在适用法律和《美国仲裁协会规则》允许的情况下，如果发现索赔或辩护在事实上或法律上毫无根据，出于恶意或出于骚扰目的，违反《联邦民事诉讼规则》11(b) 的规定（将仲裁员视为「法院」），或者是无关紧要的，仲裁员应处以与请求方合理的律师费和开销相等的制裁。任何一方均可寻求驳回违反本仲裁协议任何条款而提起的任何仲裁。任何一方均可在仲裁中就另一方就可仲裁的争议提起诉讼时不遵守或违反本仲裁协议要求的情况下提出反诉。如果发现一方在未遵守或违反本仲裁协议要求的情况下启动了有关可仲裁争议的诉讼程序，则仲裁员应判给另一方实际损害赔偿，包括但不限于合理的律师费和费用。

15.10 仲裁员的决定。 

仲裁员将发布书面裁定，其中包含裁决所依据的主要事实和结论。任何有管辖权的法院均可就仲裁裁决作出判决。仲裁员可以裁定法律或美国仲裁协会规则允许的任何救济，但只有在针对具体个案、并且就申请人的诉求提供必要救济时，才能作出确认性或禁令性救济裁定。

15.11 放弃陪审团审理。 

您和爱彼迎支付实体同意，就所有可仲裁的争议，双方均放弃由陪审团审理的权利。

15.12 不得提起集团诉讼或代表诉讼。 

您和爱彼迎支付实体同意，在法律允许的最大限度内，就所有争议，双方均放弃作为原告或集团诉讼成员参与任何集团诉讼、集团仲裁、私人提起的公诉或者其他代表性或合并诉讼程序。除非双方另有书面约定或本协议另有规定，否则仲裁员不得合并两名或两名以上当事人的索赔，也不得以其他方式主持任何形式的集体诉讼或代表人诉讼。如果最后的司法裁定认为适用法律不允许执行本款所载对任何索赔、诉讼原因或救济请求的放弃，则该索赔、诉讼原因或救济请求（且仅限于该项索赔、诉讼原因或救济请求）将从本仲裁协议中剔除，并将提交具有司法管辖权的法院审理。如果根据本款剔除一项索赔、诉讼原因或救济请求，则表示您和爱彼迎同意，在仲裁员对所有可仲裁索赔、诉讼原因和救济请求作出裁决之前，将暂停进行不在仲裁范围内的索赔、诉讼原因或救济请求。

15.13 放弃集体诉讼。 

您和爱彼迎支付实体承认并同意，如果在 180 天内提出 100 项或以上的仲裁索赔，且 (1) 涉及相同或类似情况的当事方；(2) 基于相同或实质上相同的交易、事件、涉嫌违规行为或情况产生的相同或类似索赔，需要确定相同或实质上相同的法律或事实问题；以及 (3) 涉及双方的相同或协调律师（「集体诉讼」），则可能丧失仲裁的相对利益和效率。因此，您和爱彼迎支付实体同意放弃将任何争议作为集体诉讼的一部分进行管理、仲裁或解决的权利（但本条款第 15 节和第 15.12 节将继续适用于争议）。如果发生争议，由任何一方确定的一组索赔中提起的首要事项的仲裁员应决定这些索赔是否属于集体诉讼的一部分。如果尚未指定仲裁员，则应出于确定任何一方指称的索赔是否属于集体诉讼的一部分的目的而单独指定一名仲裁员。本条款中的任何内容均不妨碍您或爱彼迎支付实体参与索赔的集体解决。

15.14 仲裁规则的修改 – 集体诉讼分批处理要求。 

尽管有第 15.13 节的规定，如果出于任何理由，仲裁仍作为集体诉讼的一部分进行，各方应将仲裁请求分成不超过 200 个批次来处理。批次应按字母顺序列出索赔人的姓氏或公司名称（如适用）来确定。例如，列出的前 200 名索赔人将是第一批，接下来的 200 名索赔人将是第二批，依此类推。当事方应为每批随机分配序号，并按序号每次对一批索赔进行仲裁。当某一批仲裁正在进行时，仲裁机构应暂时搁置其余部分，除非当事方另有约定或仲裁机构另有指示。每批仲裁应在该批的预审会议后 240 天内得到解决。尽管有上述规定，但如果任何索赔人的要求在集体诉讼中最近提出的要求后的 2 年内未成为听证会前会议的主题，则该索赔人可以选择根据本条款第 14 节和第 15.12 节在法庭上提出索赔要求。

15.15 仲裁规则的修改 - 提供判决要约。 

在仲裁听证会设定日期前至少 10 天，您或爱彼迎支付实体可以向另一方送达书面的判决要约，就具体条款提出要约。如果判决意向被接受，则应将带有接受证明的判决意向书提交给仲裁机构，仲裁机构应相应地发布裁决。如果判决意向在仲裁听证会之前或提出后 30 天内（以先发生者为准）未被接受，则应视为被撤回，并且不得在仲裁中作为证据提供，但费用（包括支付给仲裁机构的所有费用）除外。如果一方提出的判决意向未被另一方接受，并且另一方未能获得更有利的裁决，则另一方不得就提出判决意向后发生的费用要求获得补偿，并应向意向提供方支付自提供判决意向之时起发生的费用（包括支付给仲裁机构的所有费用）。

15.16 可分割性。 

除第 15.12 节规定情况外，一旦本仲裁协议的任何内容被认为不合法或不可执行，该部分条款将被剔除，而仲裁协议的其余部分仍具有完全效力。

15.17 仲裁协议的修订。 

如果爱彼迎支付实体在您上次接受本《支付条款》（或接受对本《支付条款》的任何后续更改）后对第 15 节进行修订，您可以在更改生效之日起三十（30）天内通过向我们发送书面通知来拒绝接受该变更。您的通知必须包括您的姓名、邮寄地址、通知日期、您的爱彼迎用户名、您用于创建爱彼迎账号的电子邮件地址、您的签名以及您希望拒绝接受修订后的第 15 节的明确声明。您必须将声明邮寄至以下地址：888 Brannan St, San Francisco, CA 94103, Attn: Arbitration Opt-Out，或者通过电子邮件发送至 arbitration.opt.out@airbnb.com。但是，拒绝新的变更不会撤销或更改您先前就您与爱彼迎支付实体之间的任何争议达成的任何协议（或您先前同意的任何后续变更）；对于您与爱彼迎支付实体之间的任何争议，该等约定将仍然有效且可强制执行。

15.18 存续。 

除第 15.16 节规定的情形外，且在遵守第 13.7 节的前提下，本《支付条款》以任何方式终止后，第 15 节将继续有效且继续适用，即便您不再使用支付服务或已终止您的爱彼迎账号。

16.其他事项。

16.1 本《支付条款》的解释。 

除非额外的条款和条件、政策、准则或标准另有补充，否则本《支付条款》构成爱彼迎支付实体与您之间关于本协议主题事项的完整协议，取代爱彼迎支付实体与您之间此前有关支付服务的任何和全部口头或书面谅解或协议。如果本《支付条款》中任何规定被认定为无效或不可执行，该规定将被删除，不会影响其余规定的有效性和可执行性。

16.2 非弃权。 

除非经我们书面确认和同意，爱彼迎支付实体未能执行本《支付条款》的任何权利或规定不构成对该等权利或规定的弃权。除非本《支付条款》有明确规定，任何一方行使其在本《支付条款》下的任何救济权利均不会影响其寻求本《支付条款》或法律允许的其他救济。

16.3 让与。 

未经爱彼迎支付实体事先书面同意，您不得让与、转让或委托执行本协议及您在本协议下的权利和义务。爱彼迎支付实体可以依其自行决定，经提前三十（30）日（或提前两（2）个月向爱彼迎支付英国公司签约会员）通知，不受限制地让与、转让或委托执行本协议及本协议下的任何权利和义务。

16.4 通知。 

除非另有规定，本协议允许或要求的任何通知或其他通讯将由爱彼迎支付实体以书面形式通过电子邮件或爱彼迎平台通知发送，具体取决于您的通知设置、消息服务（包括短信和微信）。收到通知的日期将被视为爱彼迎支付实体发送通知的日期。

17.爱彼迎支付英国公司签约用户附加条款

如果您与爱彼迎支付英国公司签约，则适用以下规定。如果本第 17 条与本支付条款的任何其他条款之间存在任何冲突，应以本第 17 条的规定为准。

17.1 支付服务用户

17.1.1 

支付服务包括向爱彼迎支付英国公司签约房东/体验达人提供的收款服务。收款服务构成支付服务条例下的「支付服务」，为此，爱彼迎支付英国公司将房东/体验达人视为「支付服务用户」。

17.1.2 

同意本《支付条款》，即表明您作为房东/体验达人同意爱彼迎支付英国公司向您选择的收款方式支付每笔付款。房东/体验达人最迟可不晚于第 3.3 节所列约定付款时间的前一（1）日改变收款方式。爱彼迎支付英国公司按照第 3.3 节的规定同意开始付款之日应视为已收到房东/体验达人要求向其付款的支付命令。

17.1.3 

爱彼迎支付英国公司应努力确保位于英国的房东/体验达人在爱彼迎支付英国公司开始付款后的下一个工作日结束前收到每笔付款。

17.1.4 

沟通。爱彼迎支付实体开始每笔付款时将通过电子邮件向房东/体验达人发送通知。如果付款因发生错误退回给我们，我们也将向房东/体验达人的注册电子邮箱发送通知。您作为房东/体验达人须确保向我们提供当前准确有效的电子邮箱。

17.2 被挪用的付款和投诉

17.2.1 

作为房东/体验达人，如果您认为或意识到因您登录爱彼迎账号的密码或其他凭据（「凭据」）丢失、被盗或被盗用，已经或可能导致应向您支付的款项在未经您授权的情况下被挪用（「付款被挪用」），您应当在知晓您的凭据丢失、被盗或被盗用，或未经授权使用您的凭据或访问您的爱彼迎账号后立即通知爱彼迎支付英国公司（请参阅第 20 节了解详情），而不得无故拖延。

17.2.2 

如果您作为房东/体验达人认为您未通过您所选的收款方式适当地收到某笔应向您支付的付款（包括付款被挪用），爱彼迎支付英国公司将（前提是您在发现未经授权或错误执行的付款后，且在付款挪用发生后不超过 13 个月内，在无不当延迟的情况下提出请求），在收到请求后立即努力追踪付款并将结果通知您。根据第 17.2.3 节，除非我们能证明 (i) 您通过您选择的收款方式已收到该笔收款，或 (ii) 我们正确使用您提供的收款方式信息但您提供的信息不正确，我们将退还该笔款项。如果您向我们提供的信息不正确，我们不对付款存在缺陷或未执行承担责任，但是，我们将尽合理努力收回付款资金。

17.2.3 

您必须根据本《支付条款》使用您的凭据，并采取一切合理措施确保您的凭据安全。作为房东/体验达人，您可能对因为使用丢失、被盗或盗用的凭据（包括丢失安装了应用程序的手机）或您未能安全保存凭据而发生的与被挪用的付款相关的损失负责，最高额度为 35 英镑。如果您在收款前无法察觉到您的凭据丢失、被盗或被盗用，除非您有欺诈行为，或损失是由爱彼迎人员或服务提供商的作为或不作为造成的，否则该要求不适用。但是，如果我们能够证明您的行为存在欺诈行为，或者出于故意或重大过失，您未能根据条款或本《支付条款》使用爱彼迎平台和/或支付服务（包括安全保存凭据的义务），则您可能对与被挪用的付款相关的所有损失负责。除非您有欺诈行为，否则您对因您通知您的凭据丢失、被盗或被盗用或未经授权使用您的凭据而导致的被挪用付款产生的任何损失概不负责，前提是我们未能在任何时候提供适当的方式进行此类通知，或者我们并未在必要时要求实施强客户身份验证。

17.2.4 

关于支付服务的投诉应向爱彼迎支付英国公司提出（有关方式的详细信息，请参阅第 20 节）。如果您对投诉结果不满意，并且您作为房东/体验达人已从英国爱彼迎支付实体获得受监管的支付服务，您也可以将投诉转交英国金融申诉专员（Financial Ombudsman）。向金融申诉专员服务署提出的所有投诉均受英国金融申诉专员服务署（Financial Ombudsman Service）规则的约束，包括与资格要求相关的规定。英国金融申诉专员服务署向个人、微型企业、小型慈善机构和小型信托的受托人提供免费投诉解决服务。您可以通过以下网址获取有关金融申诉专员服务和联系方式的更多信息：http://www.financial-ombudsman。

17.3 对于墨西哥作为居住国家的房东和房客

如果墨西哥是您的居住国，(i) 在房东/体验达人接受房客/体验参与者的预订申请后成功收到房客/体验参与者的付款后，爱彼迎支付实体通常会暂时保管应付给房东/体验达人的款项，直到根据第 3.3.1 节的规定将其发放给房东为止；(ii) 只有在房东/体验达人服务开始时，根据第 3.3.1 节的规定，支付给房东/体验达人的付款才有效。爱彼迎可能会根据适用的当地法律要求预扣税款，这些税款将在爱彼迎支付实体向房东/体验达人发放收款时缴纳。

房东/体验达人确认，爱彼迎支付实体充当收款代理的目的仅限于代表房东/体验达人接受和处理房客/体验参与者购买房东/体验达人服务的资金，并支付房东/体验达人应在墨西哥缴纳的任何适用税费（包括增值税）。

18. 爱彼迎巴西公司签约用户附加条款

如果您与爱彼迎巴西公司签约，则适用以下规定：

18.1 针对居住国家/地区为巴西的用户的分期付款功能

第 2 节「房客/参与者条款」应添加以下条款：「您确认，如果您的居住国为巴西，并且您正在使用信用卡付款，只要您的信用卡支持分期付款并在巴西发放，您就可以分期支付预订费用。分期付款的期数可以不同，在您完成预订交易之前将向您显示分期付款的期数。 您也确认，当您选择分期付款支付预订费用时，由于使用信用卡和/或其他分期付款方式而产生的费用（「分期费」），全额费用可能会增加。您同意，您应自行负责支付分期费，爱彼迎巴西公司仅负责收取这些款项，并将其转账给适用的第三方支付服务提供商。您授权适用的第三方支付服务提供商向您在预订时使用的原始付款方式自动收取费用。您对分期付款功能的使用可能需遵守适用的第三方支付服务提供商附加的条款和条件。如果您的订单因任何原因被取消，分期费将退还至您在预订时使用的付款方式。如果您更改了以分期方式付款的订单，且订单更改降低了全额费用，您将不会获得分期费的任何退款。退款将由爱彼迎支付实体根据本《支付条款》进行发放和退还。」

18.2 

根据房客/体验参与者和房东/体验达人居住国家/地区的规定，向房东/体验达人付款以及爱彼迎服务费等适用费用可能需要执行外汇协议或其他相关措施。

18.3 

如果您是巴西居民，并使用当地货币向居住在巴西境外的房东/体验达人预订住宿/体验，通过使用支付服务，您确认并同意爱彼迎巴西公司是居住在巴西境外的房东/体验达人的收款代理。爱彼迎巴西公司也是您与之签订使用爱彼迎平台合同的实体，如条款中所述。

18.4 

您授权爱彼迎巴西公司，直接或通过第三方进行我们认为验证您的身份所需的任何询问。这可能包括(i)根据第三方数据库或其他渠道对您进行筛查，(ii)要求服务提供商提交报告，(iii)要求您提供政府身份证件（例如驾驶执照或护照）、税号、出生日期、地址和其他信息；或(iv)要求您采取措施，确认您电子邮件地址、付款方式或收款方式的所有权。如果我们无法获得或验证任何相关信息，爱彼迎巴西公司保留关闭、中止或限制访问支付服务的权利。

18.5 

在处理会员付款时，爱彼迎巴西公司（和/或您或爱彼迎巴西公司与之签订合同的第三方）可保留和/或向主管当局报告与成员和/或相关交易相关的信息，以符合适用的法律和某些监管控制措施，并防止洗钱活动。

18.6 

对于与爱彼迎巴西公司签订合同的房客/体验参与者和房东/体验达人而言，本支付条款中提及的爱彼迎、爱彼迎支付实体或爱彼迎平台均应视为指代爱彼迎巴西公司。

19. 企业用户附加条款

如果您作为企业、公司或其他法律实体的代表（「代表」）使用支付服务，则还将适用以下规定（在该情形下，为本《支付条款》之目的，「您」及「您的」系指且适用于该企业、公司或其他法律实体）。

19.1 

您接受本《支付条款》，您将为代表您使用支付服务的雇员或第三方代理人的任何行为或疏忽负责。

19.2 

您和您的代表各自确认您有权提供第 2.1 节和第 3.2 节所述的信息，且您的代表有权约束您遵守本《支付条款》。我们可能要求您提供证明您的代表权限的其他信息或文件。

19.3  

您向我们表明并保证：(i) 您根据您的注册企业所在国的法律合法设立、有效存续且资格完备，且您正在注册获得支付服务；且 (ii) 您拥有所有必要的权利、权力和授权订立本协议、履行您在本协议中的义务并授予本协议中的权利、许可和授权。

19.4  

如果您出于商务爱彼迎相关目的为了您的雇员或其他授权第三方的利益使用您的付款方式，经您的账户许可，您授权爱彼迎支付实体为您公司的雇员或其他许可的第三方要求的预订向您的付款方式收费。

19.5 

对于与您的爱彼迎账号关联的任何收款方式，您授权爱彼迎支付实体保存该收款方式、为与您的爱彼迎账号相关的预订使用收款方式汇付款项，并采取本《支付条款》中关于收款方式许可的任何其他行动。

19.6 

如果您代表任何人或任何第三方处理、存储或以其他方式处理支付卡信息，您同意始终遵守当前《支付卡行业数据安全标准》下与使用、访问和存储该等信用卡信息有关的适用数据隐私与安全要求。如需了解更多信息，包括帮助您评估您的合规情况的工具，请访问 https://www.visa.com/cisp 和 https://www.mastercard.com/sdp。

20. 联系爱彼迎支付实体

您可按以下信息就支付服务问题联系爱彼迎支付实体：

如您要求，爱彼迎支付实体可提供本《支付条款》的副本。如果您对本《支付条款》有任何疑问，请发送电子邮件与我们联系。

Payments Terms of Service for 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.

As a consumer 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.

Last Updated: 2023 年 1 月 25 日

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 Security Deposits
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. 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 can remove the Payment Method from your Airbnb account as long as it is not associated with an active or future reservation.

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.

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 either because it is not accepted by the Host or you cancel the booking request before it is accepted by the Host, any amounts collected by Airbnb Payments will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.

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 Adding a 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 billing 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. You authorize Airbnb Payments to collect and store your billing information and financial instrument 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. 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.
• 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, Guest Refund Policy, Experiences Guest 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.

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 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, Guest Refund Policy, and Experiences Guest 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 process refunds immediately, however, the timing to receive any refund will depend 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 Security Deposits

6.1 If you as a Guest (i) agree to pay the Host in connection with a Damage Claim, or (ii) Airbnb determines that you are responsible for damaging any real or personal property at a Listing pursuant to the Terms, you authorize Airbnb Payments to charge the Payment Method used to make the booking in order to collect any security deposit associated with the Listing, as well as any fees, costs and/or expenses associated with the Damage Claim. If Airbnb Payments is unable to collect from the Payment Method used to make the booking, you agree that Airbnb Payments may charge any other Payment Method on file in your Airbnb account at the time of the Damage Claim (unless you have previously removed the authorization to charge such Payment Method(s))

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, in relation to any payment requests made by Hosts under the Airbnb Host Guarantee.

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, 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 or the U.S. Department of Commerce’s Denied Persons List or Entity 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 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 Airbnb Host Guarantee, 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. Except as otherwise required by applicable law, Airbnb Payments may modify these Payments Terms at any time. If we make material 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. If you are affected by the modification, we will also provide you with notice of the modification at least two (2) months before the date they become effective. If you do not terminate your agreement before the date the revised Payments 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 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 paragraph 15.3, below), and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and Airbnb Payments each retain the right to seek relief 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); or (ii) a request for the remedy of public injunctive relief. 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 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; or (d) if all parties agree, by solely 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 and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Airbnb Payments will pay all arbitration fees and expenses. 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 £50. 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: South Quay Plaza, 183 Marsh Wall, 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:

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 Australian Users

If your country of residence or establishment is within Australia, these Payments Terms for Australian Users (“Payments Terms”) are subject to the Australian Consumer Law. Our services come with guarantees that cannot be excluded under the Australian Consumer Law and other Australian laws. These Payments Terms (including clauses 10.1, 10.2, 11 and 12) apply to the maximum extent permitted by Australian law, including the Australian Consumer Law.

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.

The Airbnb Terms of Service (“Terms”) govern your use of the Airbnb Platform. Capitalized terms not defined in these Payments Terms have the meaning ascribed to them in the Terms

Last Updated: 25 January 2024

When these Payments Terms mention “Airbnb Payments,” “we,” “us,” or “our,” it refers to:

Airbnb Payments UK Ltd. (“Airbnb Payments UK”), except when you book a Host Service, in which case you are contracting with Airbnb Payments Australia Pty Ltd (“Airbnb Payments Australia”).

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 are provided for the benefit of Hosts and may include (if available) the following (collectively, “Payment Services”):

• Collecting payments from Guests (“Payin”), by charging the payment method provided by the Guest or associated with their Airbnb account, such as credit card, debit card, bank account, PayPal account, digital wallet or installments product provided by a credit provider (“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.

Airbnb Payments provides regulated Payment Services only to Hosts as the Host’s limited payment collection agent by accepting and processing funds from Guests purchasing Host Services on the Host’s behalf.

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 Terms, and must keep your payment and personal information accurate and complete and provide us with identity and other information as requested by us.

If you change your country of residence, the Airbnb company you contract with and the applicable version of the Payments Terms will be determined by your new country of residence from the date on which your country of residence changes. By continuing to use the Payment Services after your change of country of residence, you agree to such change of contracting party and terms. 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.

Table of Contents for Australian Users

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 that are Businesses
19. 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.

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 Identification and 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, and if applicable, verifying the identity of the representative(s) and beneficial owner(s). This may include (i) screening you and, if applicable, your representative(s) and beneficial owner(s) against third-party databases or other sources, (ii) requesting reports from service providers, (iii) asking you and, if applicable, your representative(s) and beneficial owner(s) to provide a form of government identification (e.g., driver’s license or passport) to check your name, place and date of birth, your address, nationality and/or other information which we deem necessary under applicable laws. If you are providing information for identification and verification about your representative(s) and/or beneficial owner(s) on their behalf, by providing such information, you are confirming that you have the authority and requisite rights to provide their information (including consent, where applicable) to Airbnb Payments for Airbnb Payments to carry out the purposes set out in this Section 1.4; 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 you first having to agree to or to accept (expressly or by conduct) additional terms and conditions, including those of third party providers of Payment Services. If there is a conflict between these Payments Terms and terms and conditions applicable to a specific Payment Service, the terms and conditions applicable to the specific Payment Service will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise in the terms and conditions applicable to the specific Payment Service.

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 processor(s) to collect and store your Payment Method information in accordance with Airbnb’s privacy policy.

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 and other amounts due (including any applicable taxes) in connection with your Airbnb account, including Damage Claim amounts in accordance with the Terms and with Sections 5 and 6.

2.4 Automatic Update of Payment Method.

If your Payment Method’s account information changes (e.g., account number, routing number, expiration date or CVV or CVC number) 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 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.

2.6.1

You are able to select your currency in your settings. 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 if your preferred currency is not available.

2.6.2.

Note that if the country in which your Airbnb Payments contracting entity is located is different from the country of your Payment Method provider or the preferred currency in your settings is different than your Payment Method's billing currency, your payment may be processed outside of your country of residence. As a result, your Payment Method provider may impose certain fees and the amount listed on your Payment Method statement may be different from the amount shown at checkout. For example, if you make a booking using an Australian issued card, but the preferred currency in your settings is set to US dollars, your payment may be processed outside Australia, and banks and credit card companies may impose international transaction fees and foreign exchange fees. In addition, if the preferred currency in your settings is different from 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 Payment Method provider if you have any questions about these fees or any exchange rate imposed by your Payment Method provider.

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 reasonably 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 reasonably 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. Airbnb Payments does not provide any regulated Payment Services to you.

2.11 Different Ways to Pay

2.11.1 Pay Part Now, Part Later

2.11.1.1 

Airbnb 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 (“Pay Part Now, Part Later”). Availability of this option may depend on the Listing and/or Payment Method.

2.11.1.2 

If you choose Pay Part Now, Part Later, the Airbnb Platform will notify you during checkout 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 Pay Part Now, Part Later, Airbnb Payments will notify you of the revised payment schedule, as applicable, and Airbnb Payments will automatically charge the original Payment Method you used to make the booking on the revised payment due dates. 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 Pay Part Now, Part Later, 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.

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.

2.12 Buy now, pay later.

Guests may from time to time be offered the possibility to pay for an Accommodation Reservation on credit or other installment options, and pay for them over time ('buy now, pay later'). These Payment Methods will be provided by Klarna Australia Pty Ltd (or its affiliate), not Airbnb, subject to additional terms of use provided at checkout, and Klarna will become your creditor for the payment. Depending on the Payment Method, this may also create a separate relationship between you as the borrower and Klarna as the lender. Please review any applicable additional terms before using these Payment Methods.

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.

3.2.1

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, which may include name, government identification, tax identification, 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.

3.2.2

You authorize Airbnb Payments to collect and store your Payout Method information in accordance with Airbnb’s Privacy Policy. 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 associated payments from Guests, 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 via the Airbnb Platform. 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 and any amounts you agree to allocate to any co-host, or the owner(s) of an Accommodation, a homeowners’ association, and/or their agent (such as a building operator or property management company). 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 the purposes of preventing unlawful activity or fraud, risk assessment, security, or completing an investigation; or if we are unable to verify your identity or where applicable the identity of your representative(s) or beneficial owner(s), 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 Payout Currency.

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 from such third-party payment service providers. 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. 

Subject to Section 17, 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 Hosts are responsible for the accuracy of their instructions.

3.12 Buy now, pay later. 

If a Guest in Germany chooses to pay for an Accommodation Reservation using a Klarna "buy now, pay later" option (other than a Pay-in-3 option), these additional Host terms apply.

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 Guests. 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, except for acts or omissions the Host is directed to engage in by Airbnb Payments.

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.

4.4 

At no point in time is Airbnb Payments holding funds on behalf of the Guest or providing the Guest a payment service.

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 prior to being charged.

5.2 Payment Authorizations. 

You authorize Airbnb Payments to collect from you amounts due pursuant to these Payments 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, Major Disruptive Events 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 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 or costs for reasonable steps taken by Airbnb and/or Airbnb Payments to collect, recover or process these amounts and chargebacks (“Collection Fees”). The Collection Fees will be limited to: (a) reasonable costs directly incurred by Airbnb Payments and/or Airbnb (such as costs associated with the time our personnel spend collecting, recovering or processing the relevant amounts); and (b) collection fees, convenience fees or other fees or costs that are charged to Airbnb Payments and/or Airbnb by third parties.

5.3 Collections from Guests and Hosts

5.3.1 

If Airbnb Payments is unable to collect any amounts you owe, as a Guest or as a Host, 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 to your Payment Method with respect to a Guest transaction, 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). For Hosts, this may include, 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 promptly return such funds to Airbnb Payments after you become aware that you have received such funds in error.

5.5 Refunds

5.5.1 

Any refunds or credits due to a Member pursuant to the Terms, Major Disruptive Events Policy, Rebooking and Refund Policy, and Experiences Guest 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 for up to 72 hours until the Guest is either refunded or the funds are used 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 14 of the Terms, Airbnb via Airbnb Payments may, on reasonable notice to you, charge the Payment Method used to make the booking or any other Payment Method associated with your Airbnb account at the time of the Damage Claim or within a reasonable period thereafter in order to collect the Damage Claim amounts, up to a maximum amount as defined in Section 14 of the Terms. To facilitate this charge, when you book a Listing, you are agreeing that Airbnb via Airbnb Payments may charge the Payment Method used to book the Listing in order to collect Damage Claim amounts.

6.2 

To the maximum extent permitted by law, 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, including to facilitate anyone else 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’ service 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  

We are required to act in accordance with our internal policies and the laws of various jurisdictions relating to the prevention of money laundering and the implementation of sanctions including: (i) economic or financial sanctions or trade embargoes imposed, administered or enforced from time to time by the U.S. government, including those administered by the Office of Foreign Asset Control or the U.S. Department of State; or (ii) by the United Nations Security Council, the European Union or His Majesty’s Treasury of the United Kingdom. You will comply with any relevant financial sanctions and any relevant export control laws applicable to you and to your local jurisdiction.

9. Force Majeure

As between Airbnb and a Member, neither shall be liable to the other for any delay or failure to perform resulting from causes outside their reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials (“Force Majeure Event”). For the avoidance of doubt, this clause does not: (i) apply to a Reservation, which is subject to the Host’s cancellation policy and the Major Disruptive Events Policy; or (ii) operate to extend deadlines applicable to a Resolution Centre Request, a Host Damage Protection claim, an Aircover for guests claim, a Travel Issue under the Rebooking and Refund Policy or an Experiences Issue under the Experiences Guest Refund Policy, or other requests, claims or reporting under similar policies that are incorporated by reference into these Terms.

10. Disclaimers

10.1 

If you choose to use the Payment Services, you do so voluntarily and at your sole risk. 

10.2 

Notwithstanding Airbnb Payments’ appointment as the limited payment collection agent of Hosts pursuant to Section 4 and subject to Section 11, Airbnb Payments explicitly disclaims all liability for any act or omission by you, 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 or are required 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. We are not responsible for prior misconduct by a Member where such misconduct was unknown by us.

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 

You acknowledge and agree that, to the maximum extent permitted by law, the 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. To the maximum extent permitted by law, no party, including Airbnb’s affiliates and personnel, or any other party involved in or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages. Incidental, special, exemplary or consequential damages, include, to the maximum extent permitted by law, lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services. Neither is Airbnb Payments liable nor any other party liable, to the extent permitted by law, 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.

11.2 

Except for: (i) Airbnb’s obligation to pay amounts to applicable Hosts pursuant to these Payments Terms; (ii) Airbnb’s obligation to make payments under the Airbnb Host Damage Protection, which contains its own limitation of liability; and/or (iii) Airbnb Payments’ wilful breach of these Terms, to the maximum extent permitted by law, in no event shall 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 (A) to Guests, three (3) times the amount you paid for the relevant Reservation(s) giving rise to the liability, or (B) to Hosts, three (3) times the amount paid to you for the relevant Reservation(s) giving rise to the liability. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Airbnb Payments and you.

11.3 

Except in the case of a Member’s wilful breach of these Terms, to the maximum extent permitted by law, in no event shall a Member’s liability to Airbnb or any other party involved in creating, producing, or delivering the Airbnb Platform or any Content for any claim or dispute arising out of or in connection with these Payments Terms, interaction with any Member, or your use of or inability to use the Airbnb Platform, any Content, or any Host Service exceed: (A) in the case of Guests, three (3) times the amount you paid for the relevant Reservation(s) giving rise to the liability, or (B) in the case of Hosts, three (3) times the amount paid to you for the relevant Reservation(s) giving rise to the liability.

12. Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend (at Airbnb Payments’ option), indemnify, and hold Airbnb (including Airbnb Payments, other 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 (i) your breach of these Payments Terms (including any supplemental or additional terms that apply to a product or feature) or our Additional Legal Terms, Policies, or Standards; (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, such as intellectual property or privacy rights. The indemnification obligation only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your negligence or breach of a contractual obligation.

13. Modification, Term, Termination, and other Measures

13.1 Modification. 

Airbnb Payments may modify these Payments Terms at any time. If we make material 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. If you are affected by the modification, we will also provide you with notice of the modifications at least two (2) months before the date they become effective. If you do not terminate your agreement before the date the revised Payments 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 is effective (i) if you are a Guest, from when you make your first booking; or (ii) if you are a Host, from when a Guest first books a Listing made available by you and you 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. 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. In case of non-material breaches or where otherwise reasonable, you will be given reasonable notice of any actions that Airbnb proposes to take and an opportunity to remedy the non-material breach (if it is capable of remedy) unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws. Terminating this agreement will also serve as notice to cancel your Airbnb account pursuant to the Terms.

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 materially 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 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 1.2, 2.2, 2.3, 2.4, 2.5, 2.6, 2.7, 2.8, 2.9, 2.10, 2.11, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 19, survive expiry or termination, together with any other terms that, by reasonable implication or to give them efficacy are, or are intended, to be performed in whole or in part after the expiry or termination 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 only bring 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 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.

15. United States Arbitration Agreement

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND AIRBNB PAYMENTS AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER. This Arbitration Agreement supersedes all prior versions.

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 Section 15.3), and if necessary (2) a binding arbitration in accordance with the terms of this Arbitration Agreement. 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 send the other party an individualized notice of the dispute in writing (“Pre-Dispute Notice”) and attempt in good faith to negotiate an informal resolution of an individual claim. You must send your Pre-Dispute Notice 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 Pre-Dispute Notice to the email address associated with your Airbnb account. A notice of dispute must include: the date, your name, mailing address, your Airbnb username, the email address you used to set up your Airbnb account, your signature, 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 with the arbitration provider designated pursuant to Section 15.6, below. A claimant’s Pre-Dispute Notice requirement is a prerequisite to any arbitration, and a copy of the Pre-Dispute Notice and evidence that it was sent as required by this Section must be attached to any arbitration demand.

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 arbitration on an individual basis (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. For the avoidance of doubt, you and Airbnb agree that any question regarding arbitrability and the formation, enforceability, validity, scope, or interpretation of all or part of this Section 15, including any dispute over compliance with the Pre-Dispute Notice requirement and a party’s responsibility to pay arbitration fees, shall be resolved by an arbitrator.

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 and will be brought in a judicial proceeding in state or federal court in San Francisco, California, unless we both agree to some other location: (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; (iii) any claim or cause of action for vexatious litigation; or (iv) 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 any request for 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 Forum, 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 Arbitration Agreement, and not state law. The arbitration will be administered by ADR Services, Inc. (“ADR”) (www.adrservices.com) in accordance with Rules 1, 6–7, 8–9, and 11–12, 45, 54, and 56 of the Federal Rules of Civil Procedure (“Selected Federal Rules") (https://www.uscourts.gov/rules-policies/current-rules-practice-procedure/federal-rules-civil-procedure) and ADR’s Arbitration Rules then in effect (the “ADR Rules”), except as the Selected Federal Rules or ADR Rules are modified by or conflict with this Arbitration Agreement. The ADR Rules are available at www.adrservices.com. If an arbitration demand is submitted to ADR Services in accordance with this agreement and the ADR Rules, and ADR Services cannot or will not administer the arbitration, the arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Selected Federal Rules and the AAA’s 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. If the AAA cannot and will not administer the arbitration, you and Airbnb Payments shall confer and select an alternative arbitral forum, and if we are unable to agree, either you or Airbnb Payments may ask a court to appoint an arbitrator pursuant to 9 U.S.C. § 5. In that event, the arbitration will be conducted in accordance with the rules of the appointed arbitral forum, unless those rules are inconsistent with the provisions of this Arbitration Agreement.

15.7 Modification of Arbitration Rules - Arbitration Hearing/Location. 

In order to make the arbitration most cost-effective, efficient, and convenient to you, any required arbitration hearing in an arbitration wherein the amount in controversy does not exceed US $1,000,000, shall be conducted remotely via video conference except as otherwise agreed by the parties or instructed by the arbitrator. Any required arbitration hearing in an arbitration wherein the amount in controversy exceeds US $1,000,000 shall be conducted in San Francisco County except as otherwise agreed by the parties or instructed by the arbitrator. If the amount in controversy is US $10,000 or less, the parties agree to proceed solely on the submission of documents to the arbitrator.

15.8 Modification of Arbitration Rules - Arbitration Fees and Costs.

Your arbitration fees and your share of arbitrator compensation shall be governed by the ADR Rules and the ADR Services fee schedule (available at www.adrservices.com). If you have a gross monthly income of less than 300% of the federal poverty guidelines, you are entitled to a waiver of arbitration fees and costs, exclusive of arbitrator fees. You may request a fee waiver by providing the arbitration provider with a declaration under oath stating your monthly income and the number of persons in your household. If a fee waiver is granted by the arbitration provider and you provide Airbnb Payments with documents necessary to prove that your gross monthly income is less than 300% of the federal poverty guidelines, Airbnb Payments will pay your share of any arbitrator fees.

15.9 Modification of Arbitration Rules - Claims Brought for an improper Purpose or in Violation of This Arbitration Agreement. 

Either party may make a request that the arbitrator impose sanctions upon proving that the other party or its attorney(s) has asserted a 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 the arbitrator shall impose sanctions equal to the requesting party’s reasonable attorneys’ fees and costs upon finding that a claim or defense is groundless in fact or law, brought in bad faith or for the purpose of harassment, asserted in violation of Fed. R. Civ. P. 11(b) (treating the arbitrator as “the court”), or is otherwise frivolous. Either party may seek dismissal of any arbitration filed in violation of any provision of this Arbitration Agreement. Either party may assert in arbitration a counterclaim for the other party’s initiation of proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of this Arbitration Agreement. Upon finding that a party has initiated proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of this Arbitration Agreement, the arbitrator shall award the other party its actual damages, including but not limited to reasonable attorneys’ fees and costs.

15.10 Arbitrator’s Decision. 

The arbitrator will issue a written decision which shall 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.

15.11 Jury Trial Waiver. 

You and Airbnb Payments acknowledge and agree that both parties are each waiving the right to a trial by jury as to all arbitrable Disputes.

15.12 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 or as provided in this agreement, 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.

15.13 Mass Action Waiver. 

You and Airbnb Payments acknowledge and agree that the relative benefits and efficiencies of arbitration may be lost when 100 or more arbitration claims are filed within 180 days which (1) involve the same or similarly situated parties; (2) are based on the same or similar claims which arise from the same or substantially identical transactions, incidents, alleged violations or events requiring the determination of the same or substantially identical questions of law or fact; and (3) involve the same or coordinated counsel for the parties (“Mass Action”). Accordingly, you and Airbnb Payments agree to waive the right to have any Dispute administered, arbitrated, or resolved as part of a Mass Action (though Sections 15 and 15.12 will continue to apply to the Dispute). In case of a dispute, the appointed arbitrator for the first matter instituted within a set of claims identified by either party shall decide whether those claims are part of a Mass Action. If no arbitrator has yet been appointed, an arbitrator shall be appointed solely to determine whether claims identified by either party are part of a Mass Action. Nothing in this provision prevents you or Airbnb Payments from participating in a mass settlement of claims.

15.14 Modification of Arbitration Rules – Mass Action Batching Requirements. 

If for any reason, notwithstanding Section 15.13, an arbitration proceeds as part of a Mass Action, the parties shall group the arbitration demands into batches of no more than 200. The batches shall be determined by listing the claimants’ alphabetically (by last name or business name, as applicable)—for example, the first 200 claimants listed will be the first batch, the next 200 claimants listed will be the second batch, and so forth. The parties shall randomly assign each batch a sequential number and arbitrate the batches one at a time, in sequential order. While one batch is being arbitrated, the arbitration provider shall hold the remainder in abeyance unless otherwise agreed by the parties or instructed by the arbitration provider. Each batch shall be resolved within 240 days of the pre-hearing conference for that batch. Notwithstanding the forgoing, if any claimant’s demand has not been the subject of a pre-hearing conference within 2 years of the latest-filed demand in the Mass Action, such claimant may elect to pursue the claims asserted in the claimant’s demand in court subject to Sections 14 and 15.12.

15.15 Modifications of Arbitration Rules - Offers of Judgment. 

At least 10 days before the date set for the arbitration hearing, you or Airbnb Payments may serve a written offer of judgment on the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitration provider, who shall issue an award accordingly. If the offer is not accepted prior to the arbitration hearing or within 30 days after it is made, whichever occurs first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration, other than with respect to costs (including all fees paid to the arbitration provider). If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs (including all fees paid to the arbitration provider) from the time of the offer.

15.16 Severability. 

Except as provided in Section 15.12, 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.

15.17 Amendment to Agreement to Arbitrate. 

If Airbnb Payments amends this Section 15 after the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms), you may reject the change by sending us written notice no later than thirty (30) days of the date the change is effective. Your notice must include your name, mailing address, the date of the notice, your Airbnb username, the email address you used to set up your Airbnb account, your signature, and an unequivocal statement that you want to opt out of the amended Section 15. You must either mail your notice to this address: 888 Brannan St, San Francisco, CA 94103, Attn: Arbitration Opt-Out, or email the opt-out notice to arbitration.opt.out@airbnb.com. 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.

15.18 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. This clause does not exclude a party’s liability for prior false, misleading or deceptive statements or misrepresentations, whether oral or written. 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. 

Subject to any limitation expressly stated in these Payments Terms or the Terms, or any document, policy or standard incorporated into them, Airbnb Payments’ or a Member’s 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 between the relevant parties in writing. Except as expressly set forth in these Payments Terms, the exercise by Airbnb Payments or a Member 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 (not to be unreasonably withheld or delayed). Airbnb Payments may 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) provided that this would not reduce your rights or benefits under these terms.

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

This Section 17 will apply if you are contracting with Airbnb Payments UK. To the extent that there is any conflict between this Section 17 and any other provision of these Payment Terms, the provisions of this Section 17 shall apply

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 Diverted Payouts and Complaints

17.2.1 

If you as a Host believe or become aware that a Payout properly due to you has been or may be diverted without your authorization (“Diverted Payout”) because your password or other credentials to log into your Airbnb account (“Credentials”) have been lost, stolen, or misappropriated, you should notify Airbnb Payments UK without undue delay. 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 

If you as Host claim not to have received a Payout properly due to you via your chosen Payout Method (including where there has been a Diverted Payout), Airbnb Payments UK will (if requested by you without undue delay, on becoming aware of the unauthorized or incorrectly executed Payout and in any event within 13 months of it happening) make immediate efforts to trace the payment and will notify you of the outcome. Subject to Section 17.2.3, unless we can prove that (i) the Payout was received by you via your chosen Payout Method, or (ii) we made the Payout correctly using the Payout Method information you provided but the information you provided was incorrect, we will refund the amount. Where you have given us incorrect information, we will not be liable for the defective or non-execution of the Payout, however, we will make reasonable efforts to recover the Payout funds.

17.2.3 

You must use your Credentials in accordance with these Payment Terms, and take all reasonable steps to keep your Credentials safe. As a Host you may be liable for losses suffered by Airbnb Payments UK in attempting to trace and recover a Diverted Payout (up to a maximum of £35) arising from the use of lost, stolen, or misappropriated Credentials including where due to the loss of a mobile phone on which you have installed the Application or where you have failed to keep your Credentials safe. You will not be liable for losses suffered by Airbnb Payments UK in attempting to trace and recover a Diverted Payout where the loss, theft or misappropriation of your Credentials was not detectable by you prior to the Diverted Payout (unless you acted fraudulently in connected with the Diverted Payout), or where the loss suffered by Airbnb Payments UK was caused by acts or omissions of Airbnb personnel or a service provider. You may however be liable to Airbnb Payments UK for all losses relating to attempted tracing and recovery of a Diverted Payout if we can produce reasonable evidence that you acted fraudulently or where you failed to use the Airbnb Platform and/or Payment Services in accordance with the Terms or these Payment Terms (including the obligation to keep your Credentials safe). Except where you have acted fraudulently, you will not be liable to Airbnb Payments UK for any losses incurred in respect of the attempted tracing and recovery of a Diverted Payout arising after notification by you of the loss, theft, or misappropriation of your Credentials or of the unauthorized use of your Credentials, where we have failed at any time to provide appropriate means for such notification, or where we do not require strong customer authentication, where required.

17.2.4 

Any complaints about the Payment Services should be made to Airbnb Payments UK. If you are not happy with the outcome of a complaint and you as a Host have received regulated Payment Services from Airbnb Payments UK, you may also be able to refer your complaint to the Financial Ombudsman. All complaints to the Financial Ombudsman Service are subject to the rules of the Financial Ombudsman Service, including in relation to eligibility requirements. The UK Financial Ombudsman Service offers a free complaints resolution service. You may obtain further information regarding the Financial Ombudsman Services and contact details at: http://www.financial-ombufsman.org.uk.

18. Additional Clauses for Users Contracting with Airbnb Payments UK

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).

18.1

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.

18.2 

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.

18.3 

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.

18.4 

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.

18.5 

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.

18.6 

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.

19. Contacting Airbnb Payments

You may contact Airbnb Payments regarding the Payment Services using the information below:

Airbnb Payments will provide a copy of these Payments Terms on request. If you have any questions about these Payments Terms, please email us.

Download or print Terms.