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LawInformedAI 23

12.1 airbnb may , in its sole discretion , round up or round down amounts that are payable from or to guests or hosts to the nearest whole functional base unit in which the currency is denominated -lrb- i.e. to the nearest dollar , euro or other supported currency -rrb- ; for example , airbnb will round up an amount of $ 101.50 to $ 102.00 , and round down an amount of $ 101.49 to $ 101.00 .

for currencies that are denominated in large numbers , airbnb may determine the functional base unit in which those currencies are denominated to be 10 , 100 or 1,000 of the currency ; for example , airbnb may round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040 , or 837,500 up to 838,000 and 837,499 down to 837,000 .

12.2 the airbnb platform facilitates bookings between guests and hosts who may prefer to pay in a currency different from their destination currency , which may require currency conversions to accommodate these differing currency preferences .

although the airbnb platform allows members to view the price of listings in a number of currencies , the currencies available for members to make and receive payments may be limited , and may not include the default currency in any given geographic location .

details regarding currency conversion , including any associated fees , are detailed in the payments terms .

13.1 as a host you are solely responsible for determining your obligations to report , collect , remit or include in your listing fees any applicable vat or other indirect sales taxes , occupancy tax , tourist or other visitor taxes or income taxes -lrb- `` taxes '' -rrb- .

13.2 tax regulations may require us to collect appropriate tax information from hosts , or to withhold taxes from payouts to hosts , or both .

if a host fails to provide us with documentation that we determine to be sufficient to alleviate our obligation -lrb- if any -rrb- to withhold taxes from payouts to you , we reserve the right to freeze all payouts , withhold such amounts as required by law , or to do both , until resolution .

13.3 you understand that any appropriate governmental agency , department and/or authority -lrb- `` tax authority '' -rrb- where your accommodation is located may require taxes to be collected from guests or hosts on listing fees , and to be remitted to the respective tax authority .

the laws in jurisdictions may vary , but these taxes may be required to be collected and remitted as a percentage of the listing fees set by hosts , a set amount per day , or other variations , and are sometimes called `` transient occupancy taxes , '' `` hotel taxes , '' `` lodging taxes , '' `` city taxes , '' `` room taxes '' or `` tourist taxes '' -lrb- `` occupancy taxes '' -rrb- .

13.4 in certain jurisdictions , airbnb may decide in its sole discretion to facilitate collection and remittance of occupancy taxes from or on behalf of guests or hosts , in accordance these terms -lrb- `` collection and remittance '' -rrb- if such jurisdiction asserts airbnb or hosts have an occupancy tax collection and remittance obligation .

in any jurisdiction in which we decide to facilitate direct collection and remittance , you hereby instruct and authorize airbnb -lrb- via airbnb payments -rrb- to collect occupancy taxes from guests on the host 's behalf at the time listing fees are collected , and to remit such occupancy taxes to the tax authority .

the amount of occupancy taxes , if any , collected and remitted by airbnb will be visible to and separately stated to both guests and hosts on their respective transaction documents .

where airbnb is facilitating collection and remittance , hosts are not permitted to collect any occupancy taxes being collected by airbnb relating to their accommodations in that jurisdiction .

13.5 you agree that any claim or cause of action relating to airbnb 's facilitation of collection and remittance of occupancy taxes shall not extend to any supplier or vendor that may be used by airbnb in connection with facilitation of collection and remittance , if any .

guests and hosts agree that we may seek additional amounts from you in the event that the taxes collected and/or remitted are insufficient to fully discharge your obligations to the tax authority , and agree that your sole remedy for occupancy taxes collected is a refund of occupancy taxes collected by airbnb from the applicable tax authority in accordance with applicable procedures set by that tax authority .

13.6 airbnb reserves the right , with prior notice to hosts , to cease the collection and remittance in any jurisdiction for any reason at which point hosts and guests are once again solely responsible and liable for the collection and/or remittance of any and all occupancy taxes that may apply to accommodations in that jurisdiction .

14.1 you are solely responsible for compliance with any and all laws , rules , regulations , and tax obligations that may apply to your use of the airbnb platform .

in connection with your use of the airbnb platform , you will not and will not assist or enable others to :

breach or circumvent any applicable laws or regulations , agreements with third-parties , third-party rights , or our terms , policies or standards ;

use the airbnb platform or collective content for any commercial or other purposes that are not expressly permitted by these terms or in a manner that falsely implies airbnb endorsement , partnership or otherwise misleads others as to your affiliation with airbnb ;

copy , store or otherwise access or use any information , including personally identifiable information about any other member , contained on the airbnb platform in any way that is inconsistent with airbnb 's privacy policy or these terms or that otherwise violates the privacy rights of members or third parties ;

use the airbnb platform in connection with the distribution of unsolicited commercial messages -lrb- `` spam '' -rrb- ;

offer , as a host , any accommodation that you do not yourself own or have permission to make available as a residential or other property through the airbnb platform ;

unless airbnb explicitly permits otherwise , book any listing if you will not actually be using the host services yourself ;

contact another member for any purpose other than asking a question related to a your own booking , listing , or the member 's use of the airbnb platform , including , but not limited to , recruiting or otherwise soliciting any member to join third-party services , applications or websites , without our prior written approval ;

use the airbnb platform to request , make or accept a booking independent of the airbnb platform , to circumvent any service fees or for any other reason ;

request , accept or make any payment for listing fees outside of the airbnb platform or airbnb payments .

if you do so , you acknowledge and agree that you : -lrb- i -rrb- would be in breach of these terms ; -lrb- ii -rrb- accept all risks and responsibility for such payment , and -lrb- iii -rrb- hold airbnb harmless from any liability for such payment ;

discriminate against or harass anyone on the basis of race , national origin , religion , gender , gender identity , physical or mental disability , medical condition , marital status , age or sexual orientation , or otherwise engage in any abusive or disruptive behavior ;

use , display , mirror or frame the airbnb platform or collective content , or any individual element within the airbnb platform , airbnb 's name , any airbnb trademark , logo or other proprietary information , or the layout and design of any page or form contained on a page in the airbnb platform , without airbnb 's express written consent ;

dilute , tarnish or otherwise harm the airbnb brand in any way , including through unauthorized use of collective content , registering and/or using airbnb or derivative terms in domain names , trade names , trademarks or other source identifiers , or registering and/or using domains names , trade names , trademarks or other source identifiers that closely imitate or are confusingly similar to airbnb domains , trademarks , taglines , promotional campaigns or collective content ;

use any robots , spider , crawler , scraper or other automated means or processes to access , collect data or other content from or otherwise interact with the airbnb platform for any purpose ;

avoid , bypass , remove , deactivate , impair , descramble , or otherwise attempt to circumvent any technological measure implemented by airbnb or any of airbnb 's providers or any other third party to protect the airbnb platform ;

attempt to decipher , decompile , disassemble or reverse engineer any of the software used to provide the airbnb platform ;

take any action that damages or adversely affects , or could damage or adversely affect the performance or proper functioning of the airbnb platform ;

export , re-export , import , or transfer the application except as authorized by united states law , the export control laws of your jurisdiction , and any other applicable laws ; or

violate or infringe anyone else 's rights or otherwise cause harm to anyone .

14.2 you acknowledge that airbnb has no obligation to monitor the access to or use of the airbnb platform by any member or to review , disable access to , or edit any member content , but has the right to do so to -lrb- i -rrb- operate , secure and improve the airbnb platform -lrb- including without limitation for fraud prevention , risk assessment , investigation and customer support purposes -rrb- ; -lrb- ii -rrb- ensure members ' compliance with these terms ; -lrb- iii -rrb- comply with applicable law or the order or requirement of a court , law enforcement or other administrative agency or governmental body ; -lrb- iv -rrb- respond to member content that it determines is harmful or objectionable ; or -lrb- v -rrb- as otherwise set forth in these terms .

members agree to cooperate with and assist airbnb in good faith , and to provide airbnb with such information and take such actions as may be reasonably requested by airbnb with respect to any investigation undertaken by airbnb or a representative of airbnb regarding the use or abuse of the airbnb platform .

14.3 if you feel that any member you interact with , whether online or in person , is acting or has acted inappropriately , including but not limited to anyone who -lrb- i -rrb- engages in offensive , violent or sexually inappropriate behavior , -lrb- ii -rrb- you suspect of stealing from you , or -lrb- iii -rrb- engages in any other disturbing conduct , you should immediately report such person to the appropriate authorities and then to airbnb by contacting us with your police station and report number -lrb- if available -rrb- ; provided that your report will not obligate us to take any action beyond that required by law -lrb- if any -rrb- or cause us to incur any liability to you .

term and termination , suspension and other measures

15.1 this agreement shall be effective for a 30-day term , at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or airbnb terminate the agreement in accordance with this provision .

15.2 you may terminate this agreement at any time via the `` cancel account '' feature on the airbnb platform or by sending us an email .

if you cancel your airbnb account as a host , any confirmed booking -lrb- s -rrb- will be automatically cancelled and your guests will receive a full refund .

if you cancel your airbnb account as a guest , any confirmed booking -lrb- s -rrb- will be automatically cancelled and any refund will depend upon the terms of the listing 's cancellation policy .

15.3 without limiting our rights specified below , airbnb may terminate this agreement for convenience at any time by giving you thirty -lrb- 30 -rrb- days ' notice via email to your registered email address .

15.4 airbnb may immediately , without notice terminate this agreement if -lrb- i -rrb- you have materially breached your obligations under these terms , the payments terms , our policies or standards , -lrb- ii -rrb- you have violated applicable laws , regulations or third party rights , or -lrb- iii -rrb- airbnb believes in good faith that such action is reasonably necessary to protect the personal safety or property of airbnb , its members , or third parties -lrb- for example in the case of fraudulent behavior of a member -rrb- .

15.5 in addition , airbnb may take any of the following measures -lrb- i -rrb- to comply with applicable law , or the order or request of a court , law enforcement or other administrative agency or governmental body , or if -lrb- ii -rrb- you have breached these terms , the payments terms , our policies or standards , applicable laws , regulations , or third party rights , -lrb- iii -rrb- you have provided inaccurate , fraudulent , outdated or incomplete information during the airbnb account registration , listing process or thereafter , -lrb- iv -rrb- you and/or your listings or host services at any time fail to meet any applicable quality or eligibility criteria , -lrb- v -rrb- you have repeatedly received poor ratings or reviews or airbnb otherwise becomes aware of or has received complaints about your performance or conduct , -lrb- vi -rrb- you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason , or -lrb- vii -rrb- airbnb believes in good faith that such action is reasonably necessary to protect the personal safety or property of airbnb , its members , or third parties , or to prevent fraud or other illegal activity :

refuse to surface , delete or delay any listings , ratings , reviews , or other member content ;

cancel any pending or confirmed bookings ;

limit your access to or use of the airbnb platform ;

temporarily or permanently revoke any special status associated with your airbnb account ; or

temporarily or in case of severe or repeated offenses permanently suspend your airbnb account .

in case of non-material breaches and where appropriate , you will be given notice of any intended measure by airbnb and an opportunity to resolve the issue to airbnb 's reasonable satisfaction .

15.6 if we take any of the measures described above -lrb- i -rrb- we may refund your guests in full for any and all confirmed bookings that have been cancelled , irrespective of preexisting cancellation policies , and -lrb- ii -rrb- you will not be entitled to any compensation for pending or confirmed bookings that were cancelled .

15.7 when this agreement has been terminated , you are not entitled to a restoration of your airbnb account or any of your member content .

if your access to or use of the airbnb platform has been limited or your airbnb account has been suspended or this agreement has been terminated by us , you may not register a new airbnb account or access and use the airbnb platform through an airbnb account of another member .

15.8 unless you reside in germany , if you or we terminate this agreement , the clauses of these terms that reasonably should survive termination of the agreement will remain in effect .

if you choose to use the airbnb platform or collective content , you do so voluntarily and at your sole risk .

the airbnb platform and collective content is provided `` as is '' , without warranty of any kind , either express or implied .

you agree that you have had whatever opportunity you deem necessary to investigate the airbnb services , laws , rules , or regulations that may be applicable to your listings and/or host services you are receiving and that you are not relying upon any statement of law or fact made by airbnb relating to a listing .

if we choose to conduct identity verification or background checks on any member , to the extent permitted by applicable law , we disclaim warranties of any kind , either express or implied , that such checks will identify prior misconduct by a member or guarantee that a member will not engage in misconduct in the future .

you agree that some experiences , events or other host services may carry inherent risk , and by participating in those host services , you choose to assume those risks voluntarily .

for example , some host services may carry risk of illness , bodily injury , disability , or death , and you freely and willfully assume those risks by choosing to participate in those host services .

you assume full responsibility for the choices you make before , during and after your participation in a host service .

if you are bringing a minor as an additional guest , you are solely responsible for the supervision of that minor throughout the duration of your host service and to the maximum extent permitted by law , you agree to release and hold harmless airbnb from all liabilities and claims that arise in any way from any injury , death , loss or harm that occurs to that minor during the host service or in any way related to your host service .

the foregoing disclaimers apply to the maximum extent permitted by law .

you may have other statutory rights .

however , the duration of statutorily required warranties , if any , shall be limited to the maximum extent permitted by law .

17.1 unless you reside in the eu , 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 airbnb platform and collective content , your publishing or booking of any listing via the airbnb platform , your stay at any accommodation , participation in any experience or event or use of any other host service or any other interaction you have with other members whether in person or online remains with you .

neither airbnb nor any other party involved in creating , producing , or delivering the airbnb platform or collective content 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 -lrb- i -rrb- these terms , -lrb- ii -rrb- from the use of or inability to use the airbnb platform or collective content , -lrb- iii -rrb- from any communications , interactions or meetings with other members or other persons with whom you communicate , interact or meet with as a result of your use of the airbnb platform , or -lrb- iv -rrb- from your publishing or booking of a listing , including the provision or use of a listing 's host services , whether based on warranty , contract , tort -lrb- including negligence -rrb- , product liability or any other legal theory , and whether or not airbnb has been informed of the possibility of such damage , even if a limited remedy set forth herein is found to have failed of its essential purpose .

except for our obligations to pay amounts to applicable hosts pursuant to these terms or an approved payment request under the airbnb host guarantee , in no event will airbnb 's aggregate liability arising out of or in connection with these terms and your use of the airbnb platform including , but not limited to , from your publishing or booking of any listings via the airbnb platform , or from the use of or inability to use the airbnb platform or collective content and in connection with any accommodation , experiences , event or other host service , or interactions with any other members , exceed the amounts you have paid or owe for bookings via the airbnb platform as a guest in the twelve -lrb- 12 -rrb- month period prior to the event giving rise to the liability , or if you are a host , the amounts paid by airbnb to you in the twelve -lrb- 12 -rrb- month period prior to the event giving rise to the liability , or one hundred u.s. dollars -lrb- us$ 100 -rrb- , if no such payments have been made , as applicable .

the limitations of damages set forth above are fundamental elements of the basis of the bargain between airbnb and you .

some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages , so the above limitation may not apply to you .

if you reside outside of the u.s. , this does not affect airbnb 's 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 can not be excluded or limited under applicable law .

17.2 if you reside in the eu , airbnb 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 is liable for any negligent breaches of essential contractual obligations by us , our legal representatives , directors , or other vicarious agents .

essential contractual obligations are such duties of airbnb in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage .

any additional liability of airbnb is excluded .

you agree to release , defend -lrb- at airbnb 's option -rrb- , indemnify , and hold airbnb and its affiliates and subsidiaries , and their officers , directors , employees and agents , harmless from and against any claims , liabilities , damages , losses , and expenses , including , without limitation , reasonable legal and accounting fees , arising out of or in any way connected with -lrb- i -rrb- your breach of these terms or our policies or standards , -lrb- ii -rrb- your improper use of the airbnb platform or any airbnb services , -lrb- iii -rrb- your interaction with any member , stay at an accommodation , participation in an experience , event or other host service , including without limitation any injuries , losses or damages -lrb- whether compensatory , direct , incidental , consequential or otherwise -rrb- of any kind arising in connection with or as a result of such interaction , stay , participation or use , -lrb- iv -rrb- airbnb 's collection and remittance of occupancy taxes , or -lrb- v -rrb- your breach of any laws , regulations or third party rights .

19.1 this dispute resolution and arbitration agreement shall apply if you -lrb- i -rrb- reside in the united states ; or -lrb- ii -rrb- do not reside in the united states , but bring any claim against airbnb in the united states -lrb- to the extent not in conflict with section 21 -rrb- .

19.2 overview of dispute resolution process .

airbnb is committed to participating in a consumer-friendly dispute resolution process .

to that end , these terms provide for a two-part process for individuals to whom section 19.1 applies : -lrb- 1 -rrb- an informal negotiation directly with airbnb 's customer service team , and -lrb- 2 -rrb- a binding arbitration administered by the american arbitration association -lrb- `` aaa '' -rrb- using its specially designed consumer arbitration rules -lrb- as modified by this section 19 -rrb- .

specifically , the process provides :

claims can be filed with aaa online -lrb- www.adr.org -rrb- ;

arbitrators must be neutral and no party may unilaterally select an arbitrator ;

arbitrators must disclose any bias , interest in the result of the arbitration , or relationship with any party ;

parties retain the right to seek relief in small claims court for certain claims , at their option ;

the initial filing fee for the consumer is capped at $ 200 ;

the consumer gets to elect the hearing location and can elect to participate live , by phone , video conference , or , for claims under $ 25,000 , by the submission of documents ;

the arbitrator can grant any remedy that the parties could have received in court to resolve the party 's individual claim .

19.3 pre-arbitration dispute resolution and notification .

prior to initiating an arbitration , you and airbnb each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first .

we will contact you at the email address you have provided to us ; you can contact airbnb 's customer service team by emailing us .

if after a good faith effort to negotiate one of us feels the dispute has not and can not be resolved informally , the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration .

in order to initiate arbitration , a claim must be filed with the aaa and the written demand for arbitration -lrb- available at www.adr.org -rrb- provided to the other party , as specified in the aaa rules .

you and airbnb mutually agree that any dispute , claim or controversy arising out of or relating to these terms or the breach , termination , enforcement or interpretation thereof , or to the use of the airbnb platform , the host services , or the collective content -lrb- collectively , `` disputes '' -rrb- will be settled by binding arbitration -lrb- the `` arbitration agreement '' -rrb- .