18.4 You authorize Airbnb Brazil, directly or through third parties, to make any inquiries we consider necessary to verify your identity. When these Payments Terms mention Airbnb Payments, we, us, or our, it refers to: 1.1 Airbnb Payment Services. 2.11.1.1 Airbnb Payments may make available to Guests the option to pay a portion of the bookings 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). The fixing of sofa is going to cost me $70. 2.5 Timing of Payment. As a result, certain fees may apply and the amount listed on your card statement may be different from the amount shown at checkout. 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. violate or infringe anyone elses rights or otherwise cause harm to anyone. 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. Airbnb Payments may without restriction assign, transfer, or delegate this agreement and any rights and obligations, at its sole discretion, with thirty (30) days prior notice (or two (2) months prior notice for Members contracting with Airbnb Payments UK). Such fees or charges may include collection fees, convenience fees or other third-party charges. 18.1.2 By agreeing to these Payments Terms you as Host have consented to Airbnb Payments Luxembourgs payment of each Payout to your chosen Payout Method. If the damages caused by a guest exceed the security deposit, or if there is no security deposit for the listing in question, the Host . if you accept a booking from a Guest who is not a resident of India, regardless of your country of residence, you are contracting with Airbnb Payments UK. Legal proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 15 must be brought in state or federal court in San Francisco, California, unless we both agree to some other location. 3.9 Handling of Funds. 13.4 Suspension and Other Measures. 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, including Damage Claim amounts in accordance with the Terms and with Section 6. But she said it has been "hollowed out" by tourism and has . Editing, removing, or adding a payment method. 13.1 Modification. Damage reimbursements without a security deposit. The arbitration will be administered by the arbitratorin 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. 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. 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. To the maximum extent permitted by law, the Payment Services are provided as is, without warranty of any kind, either express or implied. Unless we agree in writing, the arbitrator may not consolidate more than one partys claims and may not otherwise preside over any form of any class or representative proceeding. 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. 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. Airbnb Payments will provide the Host notice via email when we initiate each Payout. 5.4.1 Airbnb Payments will take the necessary steps to rectify any payment processing errors that we become aware of. 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 result, certain fees may apply and the amount listed on your card statement may be different from the amount shown at checkout. 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 arbitrator (the AAA Rules) then in effect, except as modified here. 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., drivers license or passport), tax ID, 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). 5.5.1 Any refunds or credits due to a Member pursuant to the Terms, Extenuating Circumstances Policy, Rebooking and Refund Policy, Experiences Guest Refund Policy, and Luxe Rebooking and Refund Policy will be initiated and remitted by Airbnb Payments in accordance with these Payments Terms. 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 UKs initiation of the Payout. 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. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". 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. 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. You and Airbnb Payments each retain the right to seek resolution of the disputein small claims court as an alternative to arbitration. Can Airbnb force me to pay for damages? Airbnb's Host Guarantee is a property damage protection program. Please read them carefully. 2 What happens if a guest damages your Airbnb rental? If your trip request isnt accepted by the Host or expires without a response, theres no cost for the reservation. You authorize Airbnb Payments to collect and store your Payout Methodinformation. 17.1.4 Communication. This section does not limit any rights which Airbnb Payments may have to apply to any court of competent jurisdiction for an order requiring you to perform or be prohibited from performing certain acts and other provisional relief permitted under China Laws or any other laws that may apply to you. You shouldn't admit to something that you didn't do. 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. 1 Practical hosting tips in your inbox. 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 that the Total Price may be increased when you choose to pay for your booking in installments as a result of expenses related to the use of credit card and/or other forms of installment plans (Installment Fee). Why was a hold placed on my payment method when I requested to book a reservation? 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. As an individual consumer, you may bring any judicial proceedings relating to these Payments Terms before the competent court of your place of residence or a competent court in England. If you cancel your Airbnb account as a Guest, Airbnb Payments will initiate a refund for any confirmed booking(s) based on the Listings cancellation policy. Airbnb is a creative way to pay off your home mortgage, cover your bills, earn a second income, save for retirement, or use in whatever way you wish. For Accommodation bookings of twenty-eight (28) nights or more, Airbnb Payments will generally initiate the first payout 24 hours after the Guests scheduled check-in time, and will initiate future payouts every 30 days after the initial payout, for the duration of the reservation. 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. 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. rules. When these Payments Terms mention Airbnb Payments, we, us, or our, it refers to the Airbnb Payments company you are contracting with for Payment Services. If your Payment Method associated with the relevant booking is expired, invalid or otherwise not able to be charged for any reason (such as insufficient funds), you remain responsible for any uncollected amounts and Airbnb Payments may charge the Payment Method related to your booking again or use any other Payment Method on file associated with your Airbnb account, if available, to collect such Additional Amounts. The following paragraphs will apply if you are a Host, including each Host Team member, contracting with Airbnb China: 19.1 Certain Payment Services applicable to Hosts may be provided by local third-party payment service providers which, under applicable laws and regulations, hold certain permits or licenses in China and which are engaged by Airbnb China to provide the relevant Payment Services. 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. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. 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). Your Host may request reimbursement If your Host believes that you're responsible for damage, missing items, or unexpected cleaning costs, they may send you a reimbursement request through our Resolution Center. 15.2 Overview of Dispute Resolution Process. 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. 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. Answer (1 of 5): Legally, if you caused the damage, they have every right to charge you for full compensation. But I am still in contact with him. 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). For a long term reservation (28 nights or more), you'll be charged a first month down payment and the rest will be collected in monthly inst. 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. Every week. No, Airbnb will not force you to pay damages to the host. 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 Guests 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. We may, and retain the right to, initiate refunds of these amounts from your Payment Method. Judgment on the arbitration award may be entered in any court with proper jurisdiction. A notice of dispute must include: the partys name and preferred contact information, a brief description of the dispute, and the relief sought. We may require you to provide additional information or documentation demonstrating your Representatives authority. 17.3 For Hosts and Guests with Mexico As Country of Residence. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the English courts. 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. 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. Failing that, head to the Airbnb resolution centre to lodge an official complaint. Guests will only be charged if the Host requests reimbursement for property damage and the guest agrees to pay, or if the Host makes a request to collect on their security deposit and the request gets approved by Airbnb. If your country of residence is outside of the EEA, Switzerland and the United Kingdom, the Payments Terms of Service for Non-European Users apply to you. 13.2 Term. Any such limitations will be communicated via the Airbnb Platform, and you will be prompted to select a different currency or Payout Method. If they decline to pay the full amount . 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. Payments Terms of Service for European Users, Payments Terms of Service for Non-European Users, Appointment of Airbnb Payments as Limited Payment Collection Agent, Modification, Term, Termination, and other Measures, Additional Clauses for Users Contracting with Airbnb Payments UK, Additional Clauses for Users Contracting with Airbnb Brazil, Additional Clauses for Users Contracting with Airbnb China, Additional Clauses for Users that are Businesses, Additional Clauses for Users Contracting with Airbnb Payments Luxembourg, China (for purposes of these Payments Terms does not include Hong Kong, Macau and Taiwan) (hereinafter , Airbnb Internet (Beijing) Co., Ltd.. It applies to hosts of places to stay, from check-in to checkout. 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. 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. However, they have a host guarantee that protects up to $1 million in the event of property damage caused by guests. Airbnb Payments may also share your information with governmental authorities as required by applicable law. Payment Services will be provided by the contracting entity based on your country of residence subject to any exceptions described below: 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. Airbnb Payments may also share your information with governmental authorities as required by applicable law. This cookie is set by GDPR Cookie Consent plugin. It provides up to $1,000,000 USD in property damage protection in the rare event a host's place or belongings are damaged by a guest or their invitee during an Airbnb stay.. Can Airbnb sue me for damages?
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