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：2022 年 2 月 10 日
本 《非欧洲用户支付服务条款 》（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。支付服务包括（如有）以下内容（统称为「支付服务」）：
- 向与房客/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（「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）；
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。
|美国||Airbnb Payments, Inc.（「爱彼迎支付美国公司」）|
|巴西||在 2022 年 4 月 1 日前，订约实体为Airbnb Pagamentos Brasil Ltda.。2022 年 4 月 1 日起（包括当日），订约实体为Airbnb Plataforma Digital Ltda.（「爱彼迎巴西公司」）|
2.3 支付授权。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），包括根据条款和第 6 条提出的损害赔偿金。
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。爱彼迎支付实体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。
2.7 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预订，或爱彼迎取消预订，爱彼迎支付实体根据第 5.5 款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 款的规定解冻（如适用）。
2.8 付款限制。爱彼迎支付实体保留拒绝或限制付款的权利，如果我们认为该等付款 (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。
188.8.131.52 爱彼迎支付实体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（「付款方案」 ）。该方案是否适用可能取决于房源和/或付款方式。
184.108.40.206 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。如果预订被取消，您将会根据房东的取消政策获得退款。您确认，根据房东的取消政策，您可能需要为取消预订支付一定费用。
220.127.116.11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。
18.104.22.168 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。
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起收款： (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向您提供不同的收款时间或支付触发因素，这可能需遵守附加条款和条件。例如，中国的某些房东将在房客预定退房时间 48 小时后或在房客预定入住时间 7 天后（以较早者为准）收到收款。房东符合特定资格标准后，该收款时间安排亦可调整。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。您从预订中获得的收款将是预订的全额费用减去适用的费用，如爱彼迎服务费以及适用的税费。如果某个已确认的预订被取消，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）。
本第 4 条受限于第 19.2 款规定的适用于与爱彼迎中国公司签订合约的房东/体验达人（包括每位房东/体验达人团队成员）的例外情况。
5.2 付款授权。您授权爱彼迎支付实体按照《支付条款》和/或条款的规定，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（除非您事先取消了通过该付款方式收费的授权），或(ii)从您未来的收款中扣除该等金额。具体来说，您授权爱彼迎支付实体向您收取：
- 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 条。
- 根据条款和第 6 条，应向爱彼迎或爱彼迎支付实体支付的任何损害赔偿金额。
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费用或相关服务已被提供，已超过一百二十（120）日（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，已超过二百七十（270）日，以较晚者为准。
5.3.3 在以下情况发生超过三百六十五（365）日，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，在爱彼迎支付实体首次尝试向您的付款方式收取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。
5.5.2 根据本 5.5.2 款的规定，爱彼迎支付实体将立即发起退款处理。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。
- 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；
8.2 您不得使用或协助他人使用支付服务向下列人员/实体发送或接收资金： (i) 美国对其实施禁运的国家；或 (ii) 向美国财政部特别指定国民名单、美国商务部拒绝往来人员名单或实体名单、英国制裁名单和英国财政部综合名单、联合国综合名单或欧盟综合名单上的任何人。您确认并保证：(i) 您及您的房东服务均未位于或发生于美国政府实施禁运的国家，也未被美国政府列为「支持恐怖主义」的国家，且 (ii) 您未被列入美国政府、英国或欧盟禁止或限制贸易方名单。除了遵守以上规定外，您还必须遵守您所在司法管辖区适用的任何有关出口管制法律。
10.2 尽管爱彼迎支付实体根据第 4 条被指定为房东/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。
11.1 除第 11.2 款规定的情况外，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。
11.2 如您居住在澳大利亚并且与爱彼迎支付澳大利亚公司签约，则第 11.1 款不适用，爱彼迎支付实体将按照法律规定，对我们、我们的法定代表、董事或其他代理的故意和重大过失承担责任。此规定也适用于保证或任何其他严格赔偿责任的承担，或是对于人身、肢体和健康的有罪伤害。对于我们、我们的法定代表、董事或其他代理任何疏忽违反根本合同义务的行为，爱彼迎支付实体将承担责任，但此类责任仅限于一般情况下可预见的损害赔偿责任。根本合同义务是指正常情况下您信赖，且为适当执行合同必须信赖爱彼迎支付实体会适当履行的义务。爱彼迎支付实体在适用法律允许的最大限度内不承担任何其他额外责任。
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。
13.2 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 款终止本协议为止。
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。(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，或者如果 (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，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。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 款和第 13.4 款所述的任何措施，您可以通过联系客服对此类决定提起申诉。
13.7 存续。本《支付条款》第 5 条至第 20 条在本协议终止或到期后继续有效。
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 条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。
14.4 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，但本条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，各方同意就本条项下任何仲裁，排除适用 1996 年《印度仲裁和调解法》第一部分规定（第 9 条、第 27 条、第 37(1)(a) 款和第 37(3) 款除外）。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。
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 条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。爱彼迎支付实体承诺积极以对消费者友好的程序解决争议。为此，本《支付条款》规定了针对适用本第 15 条的个人的两步流程：(1) 与爱彼迎客户服务团队直接进行非正式协商（见下文第 15.3 款），必要时 (2) 由美国仲裁协会（「美国仲裁协会」）作出具有约束力的仲裁。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救济的权利。
15.3 强制性仲裁前争议解决和争议通知。您和爱彼迎支付实体同意在启动仲裁前至少 30 天以书面形式将争议通知对方，并真诚尝试通过协商达成非正式解决方案。您必须将争议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其争议通知发送至与您的爱彼迎账号绑定的邮箱。争议通知必须包括以下内容：当事人姓名及主要联系方式、争议的简短描述、所寻求的解决方案。只有在当事双方无法在 30 天内解决争议的前提下，任何一方才可按照美国仲裁协会规则（可见于 www.adr.org）的规定向美国仲裁协会提交书面《仲裁请求书》（可见于 www.adr.org），并向对方当事人提供一份副本，以便开始仲裁流程。
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 条）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；或 (iii) 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 仲裁规则与适用法律。本仲裁协议涉及州际商事交易，因此本规定的实质性和程序性解释与执行适用《联邦仲裁法》。仲裁将由美国仲裁协会根据当时有效的《消费者仲裁规则》和/或美国仲裁协会认定适用的其他美国仲裁协会的仲裁规则（「美国仲裁协会规则」）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。根据美国仲裁协会规则，要启动仲裁，必须向美国仲裁协会提交一份完整的书面请求（详情请见 www.adr.org），并提供给另一方当事人。
15.7 美国仲裁协会规则修改：仲裁审理/地点。为方便您参加仲裁，爱彼迎支付实体同意，您可从以下选项中自行选择仲裁审理地点：(a) 您居住的的美国郡/县；(b) 旧金山县；(c) 通过电话或视频会议进行；或 (d) 如果各方同意，仅需向仲裁员提交文件即可完成仲裁。
15.12 可分割性。除第 15.11 款规定情况外，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。
15.13 仲裁协议的变更。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）后第 15 条发生变更，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（包括通过电子邮件）来拒绝接受该变更。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。
15.14 存续。除第 15.12 款规定的情形外，且在遵守第 13.7 款的前提下，本《支付条款》以任何方式终止后，本条款第 15 条继续有效且将继续适用，即便您不再使用支付服务或已终止您的爱彼迎账号。
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 条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 款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。
17.2.1 作为房东/体验达人，如果您认为因您登录爱彼迎账号的密码或其他凭据（「凭据」）丢失或被盗，导致应当向您支付的款项未经您允许已被或可能被挪用（「付款被挪用」），您应当根据第 21 条立即通知爱彼迎支付英国公司。作为房东/体验达人，您可能对因为使用丢失、被盗或盗用的证书（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，最高为 35 英镑。但是，如果您立即就任何被挪用的付款向我们发出通知且通知时间不迟于支付日期后 13 个月内，您有权要求退还该笔款项。
17.2.2 我们对以下情况造成的任何损失概不负责：(i) 因为您的欺诈行为或故意或重大过失，您未能根据条款或《支付条款》（包括安全保存凭据的义务）使用爱彼迎平台和/或支付服务而产生被挪用的付款；(ii) 或我们根据您提供的信息（您所提供的信息是错误的）推进的任何付款交易。
17.2.4 关于支付服务的投诉应根据第 21 条向爱彼迎支付英国公司提出。根据本条规定提出的、与爱彼迎支付英国公司所提供的支付服务有关的投诉，可以提交给金融申诉专员，并按金融申诉专员服务署的规定处理。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。您可通过以下方式联系英国金融申诉专员：(i) 英国境内拨打电话：0300 123 9123 或 0800 023 4567；其他国家拨打：+44 20 7964 0500，周一至周五（早 8 点至晚 8 点），周六（早 9 点至下午 1 点）；(ii) 邮寄地址： Financial Ombudsman Service, Exchange Tower, London, E14 9SR; or (iii) 发送邮件：email@example.com。英国金融申诉专员服务署可提供多种语言服务，如果您有需要，他们会为您提供翻译人员。
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 条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 条的规定，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。
第 2 条「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/或其他分期付款形式相关的费用（“利息费“），全额费用可能会增加。您同意，您应自行负责支付利息费用，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，利息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，您将不会获得利息费的任何退款。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。」
18.3 自 2022 年 4 月 1 日起，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。
19.2 在相关付款服务由第三方支付服务提供商提供时，每一位房东/体验达人（包括每位房东/体验达人团队成员）特此指定爱彼迎中国公司聘请的任何本地第三方支付服务提供商（而不是爱彼迎中国公司本身）担任房东/体验达人的收款代理人，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。在这种情况下，根据本《支付条款》第 4 条向爱彼迎支付实体提供的权利和义务将被提供给爱彼迎中国公司聘请作为有限收款代理的第三方支付服务提供商。
19.3 此外，房东/体验达人可能需要与该等第三方支付服务提供商就提供相关支付服务签订单独的服务协议。如果本《支付条款》与此类协议中规定的条款之间存在任何冲突，则在不一致之处以此类协议的条款为准。为免存疑，无论本《支付条款》第 14.2 款有何规定，您与该等第三方支付服务提供商之间签订的任何单独协议可能会规定与本《支付条款》规定的适用法律和/或争议解决程序不同的法律和/或争议解决程序。
20.2 您和您的代表各自确认您有权提供第 2.1 款和第 3.2 款所述的信息，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。
20.3 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。
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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: 2022 年 2 月 10 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.
Table of Contents
- Your use of the Payment Services
- Guest Terms
- Host Terms
- Appointment of Airbnb Payments as Limited Payment Collection Agent
- General Terms
- Damage Claims and Security Deposits
- Abandoned Property
- Prohibited Activities
- Force Majeure
- Modification, Term, Termination, and other Measures
- Governing Law and Dispute Resolution
- United States Arbitration Agreement
- Additional Clauses for Users Contracting with Airbnb Payments UK
- Additional Clauses for Users Contracting with Airbnb Payments Luxembourg
- Additional Clauses for Users that are Businesses
- 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.
2.10 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
22.214.171.124 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.
126.96.36.199 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.
188.8.131.52 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.
184.108.40.206 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.
220.127.116.11 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
18.104.22.168 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.
22.214.171.124 If Recurring Payments apply to a confirmed booking, then the Guest authorizes Airbnb Payments to collect the Total Price due.
126.96.36.199 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.
3.9 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.
5.3.1 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.
5.5.1 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”).
10.1 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.
11.1 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.
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.
16.1 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: firstname.lastname@example.org. 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.
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 UK Ltd.||100 New Bridge Street|
London, EC4V 6JA
+44 203 318 1111
Company Number: 09392688
Airbnb Payments UK Limited is authorised and regulated by the Financial Conduct Authority as an Electronic Money Institution with reference number 900596.
|4, rue Henri Schnadt|
Airbnb Payments Luxembourg S.A. is authorised and regulated by the Commission de Surveillance du Secteur Financier (“CSSF”) with reference number Z21, established at 283, route d’Arlon, L-1150 Luxembourg (Tel.: (+352) 26 25 1 – 1). You can find more information about the CSSF on its website at https://www.cssf.lu.
Airbnb Payments will provide a copy of these Payments Terms on request. If you have any questions about these Payments Terms, please email us.