Imimiselo Yenkonzo Yeendwendwe Zasehotele
Last Updated: December 5, 2019
All capitalized terms not defined here have the meaning given to them in the Airbnb Terms. Nothing in these Hotel Guest Terms will be construed to contradict the Airbnb Terms unless explicitly stated. If there is a conflict between the Airbnb Terms and the Hotel Guest Terms, these Hotel Guest Terms will control to the extent of such conflict.
When these Hotel Guest Terms mention “Airbnb Travel,” “we,” “us” or “our,” it refers to Airbnb Travel, LLC, 888 Brannan Street, 4th Floor, San Francisco, CA 94103, United States. These Hotel Guest Terms constitute a legally binding agreement between you and Airbnb Travel governing your access to and use of the Airbnb Platform to book hotel Accommodations.
Airbnb Travel, LLC provides services to facilitate the booking and listing of hotel Accommodations offered by certain Hosts (“Hotel Suppliers” or “Suppliers”) in connection with and through the Airbnb Platform.
Any and all payment processing services through or in connection with your use of the Airbnb Platform are provided to you by one or more Airbnb Payments entities (individually and collectively, as appropriate, “Airbnb Payments”) as set out in the Payments Terms of Service.
2. Modification of these Hotel Guest Terms
Airbnb Travel reserves the right to modify these Hotel Guest Terms at any time in accordance with this provision. If we make changes to these Hotel Guest Terms, we will post the revised Hotel Guest Terms on the Airbnb Platform and update the “Last Updated” date at the top of these Hotel Guest Terms. We will also provide you with notice by email of the modification at least thirty (30) days before the date they become effective. If you disagree with the revised Hotel Guest Terms, you may terminate this agreement with immediate effect. If you do not terminate your agreement before the date the revised Hotel Guest Terms become effective, your continued use of the Airbnb Platform to book hotel Accommodations will constitute acceptance of the revised Hotel Guest Terms.
3. Nightly Rate; Charges for Taxes and Fees
By submitting your booking request for a hotel Accommodation, you authorize: (1) Airbnb Travel to facilitate your reservation, and (2) Airbnb Payments to charge your Payment Method the Total Fees in accordance with the Payments Terms of Service. The nightly room rate displayed in a Listing for a hotel Accommodation includes the room rate set by the Hotel Supplier and a facilitation fee that we retain as part of the compensation for our services.
Hotel Suppliers are responsible for determining their tax obligations and remitting applicable Taxes to Tax Authorities. Airbnb Travel does not operate as a vendor or co-vendor with, or agent of, any Hotel Supplier for tax purposes. The tax treatment of a reservation and applicable tax rates vary by location, and the tax amounts paid by Airbnb Travel to Hotel Suppliers may differ from the charge to you for Taxes and Fees.
The charge for Taxes and Fees may include: (1) the amount of tax we expect the relevant Hotel Supplier will charge, (2) a fee we retain as part of the compensation for our services and to cover the costs of your reservation, including, for example, customer service costs, (3) any marketing destination fees charged by local tourist bureaus, and (4) in certain jurisdictions, taxes on our fees. These charges vary by Hotel Supplier location and Accommodation type.
You are responsible for paying the Hotel Supplier directly for any incidentals, upgrades or other fees, including resort fees charged at the Property, as well as any associated Taxes that are not charged by Airbnb Travel. If you are a citizen of a country other than the United States, you may owe additional local taxes to the Hotel Supplier upon check-out.
4. Room Assignments
Airbnb Travel has no control over which room a Hotel Supplier makes available and cannot guarantee special requests in advance of your booking. If you have accessibility needs, you may contact the Hotel Supplier to verify that your accessibility needs can be met. If your accessibility needs cannot be accommodated by the Supplier, please notify Airbnb customer service. In addition, if you have other special requests (including preferences for smoking or nonsmoking rooms, a specific room, extra guests, particular bedding, floor location and pets), please contact the Hotel Supplier directly to confirm that these requests can be met.
Upon check-in at the hotel, you will be required to present a valid ID and form of payment acceptable to the Hotel Supplier, in a name consistent with your booking. The amount of available credit required on your payment method will vary by hotel. In addition, in certain jurisdictions, you may be required to present a passport or other valid documentation. You should carefully review the description of the Accommodation you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age requirement which the Hotel Supplier has specified in their Listing.
Contact the Hotel Supplier if you are going to be checking in late (or will be arriving on a later date). If you fail to check in to your Accommodation on the date/time of your reservation, the remaining portion of your reservation with the Hotel Supplier may be canceled, and you may not be entitled to a refund, depending on the terms and conditions of your booking.
6. Term and Termination
This agreement will be effective for a one-year term, at the end of which it will automatically and continuously renew for subsequent one-year terms until such time when you or Airbnb Travel terminates the agreement in accordance with this provision. Either party may terminate this agreement by giving the other party thirty (30) days’ notice via email. Notices to Airbnb Travel under these Hotel Guest Terms should be sent to firstname.lastname@example.org.
Airbnb Travel is not responsible for the acts, errors, omissions, representations, warranties, breaches or negligence of Hotel Suppliers or any other party not under our control. We neither guarantee nor insure the service to be provided by any Hotel Supplier and assume no liability for personal injuries (including death), theft, property damage, or other damages or expenses arising from your stay at a hotel Accommodation.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AIRBNB TRAVEL WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOUR ORGANIZATION OR AIRBNB TRAVEL 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.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AIRBNB TRAVEL'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE HOTEL GUEST TERMS OR YOUR USE OF AIRBNB TRAVEL’S SERVICES, EXCEED THE AMOUNTS YOU HAVE PAID AIRBNB TRAVEL FOR BOOKINGS OF HOTEL ACCOMMODATIONS VIA THE AIRBNB PLATFORM AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS (USD $100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE.
NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
9. Dispute Resolution and Arbitration Agreement
9.1 This Dispute Resolution and Arbitration Agreement shall apply if your (i) country of residence or establishment is in the United States; or (ii) your country of residence or establishment is not in the United States, but bring any claim against Airbnb Travel in the United States (to the extent not in conflict with Section 10).
9.2 Overview of Dispute Resolution Process. Airbnb Travel is committed to participating in a consumer-friendly dispute resolution process. To that end, these Hotel Guest Terms provide for a two-part process for individuals to whom Section 9.1 applies: (1) an informal negotiation directly with Airbnb Travel’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 9 and except as provided in Section 9.6). Specifically, the Consumer Arbitration Rules provide:
- Claims can be filed with AAA online (www.adr.org);
- 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.
9.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Airbnb Travel 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 Travel’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot 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 (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
9.4 Agreement to Arbitrate. You and Airbnb Travel mutually agree that any dispute, claim or controversy arising out of or relating to these Hotel Guest Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or to the use Airbnb Travel’s 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 agree that the arbitrator will decide that issue.
9.5 Exceptions to Arbitration Agreement. You and Airbnb Travel each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
9.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the 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 or by calling the AAA at 1–800–778–7879.
9.7 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Airbnb Travel agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in San Francisco County; (c) in any other location to which you and Airbnb Travel both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
9.8 Modification of AAA Rules - Attorney’s Fees and Costs. You and Airbnb Travel agree that Airbnb Travel will be responsible for payment of the balance of any initial filing fee under the AAA Rules in excess of $200 for claims of $75,000 or less. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, Airbnb Travel agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA Rules, to recover attorneys’ fees and expenses if it prevails in arbitration.
9.9 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 declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
9.10 Jury Trial Waiver. You and Airbnb Travel acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
9.11 No Class Actions or Representative Proceedings. You and Airbnb Travel 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 proceeding as to all Disputes. Further, unless you and Airbnb Travel both otherwise 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 the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section 9.11 is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “private attorney general action” waiver or the “representative proceeding” waiver in this Section 9.11 is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and you and Airbnb Travel agree that any private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.
9.12 Severability. Except as provided in Section 9.11, 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 shall be given full force and effect.
9.13 Changes. Notwithstanding the provisions of Section 2 (“Modification of these Hotel Guest Terms”), if Airbnb Travel changes this Section 9 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Airbnb Travel’s email to you notifying you of such change. 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 Travel (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Airbnb Travel.
9.14 Survival. Except as provided in Section 9.12, this Section 9 will survive any termination of these Terms and will continue to apply even if you stop using Airbnb Travel’s services or the Airbnb Platform or terminate your Airbnb Account.
10. Applicable Law and Jurisdiction
These Hotel Guest Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 9 must be brought in state or federal court in San Francisco, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in San Francisco, California. If you are a consumer with your place of residence in the EEA, Switzerland or the United Kingdom, this won’t deprive you of any protection you have under the law of your country of residence and access to the courts in that country.
11. General Provisions
Together with the Airbnb Terms, these Hotel Guest Terms constitute the entire agreement between Airbnb Travel and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Airbnb Travel and you in relation to the access to and use of the Airbnb Platform to book hotel Accommodations. No joint venture, partnership, employment, or agency relationship exists between you and Airbnb Travel as a result of this agreement or your use of the Airbnb Platform to book hotel Accommodations. These Hotel Guest Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. If any provision of these Hotel Guest 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. Airbnb Travel’s failure to enforce any right or provision in these Hotel Guest 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 Hotel Guest Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Hotel Guest Terms or otherwise permitted under law. You may not assign, transfer or delegate this agreement and your rights and obligations hereunder without Airbnb Travel's prior written consent. Airbnb Travel may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice. Your right to terminate this agreement at any time remains unaffected. Airbnb Travel maintains licenses in the following states: Florida, Hawaii, Iowa, and Washington.
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