16.4 Notices. 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. The tax treatment of what you earn from these services [for example Airbnb and Stayz, whether you rent out a room or the whole house/unit for a short-time basis] is the same as any other residential rental property arrangement. 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. Note that if your Airbnb Payments contracting entitys 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. The "Airbnb effect" on city housing markets forces long-standing tenants out of their homes, in exchange for short-term tourists that are much more profitable to landlords. 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). The parties agree to submit to the non-exclusive jurisdiction of the courts of that State and courts of appeal of that State in respect of any proceedings arising out of or in connection with this agreement. As a Host you may be liable for losses relating to any Diverted Payout arising from the use of lost, stolen, or misappropriated Credentials (including the loss of a mobile phone on which you have installed the Application) or where you have failed to keep your Credentials safe, up to a maximum of 35. 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. 5.5.2Subject to this Section 5.5.2, Airbnb Payments will initiate the refund process immediately. 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. Any such limitations will be communicated via the Airbnb Platform, and you will be prompted to select a different currency or Payment Method. If you reside in the EEA and contract with Airbnb Payments Luxembourg, this Section 1.3 does not apply to you. 2.9 Payment Service Providers. Airbnb (NASDAQ: ABNB) is a community marketplace. 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. 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. Taxes, where applicable and as set out in the. 13.6 Effect of Termination. 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. Airbnb Unclaimed Property (upper left corner) Unclaimed Property Processing Center (lower right corner) P.O. 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, or to obtain or verify requested information. Airbnb Payments may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time. 13.7 Survival. Airbnb Payments may also share your information with governmental authorities as required by applicable law. We may require you to provide additional information or documentation demonstrating your Representatives authority. Texas has returned more than $3 billion in unclaimed property to its rightful owners. 2.10 Your Payment Method, Your Responsibility. In the event one or more of the parties to the dispute are non-resident, the parties agree to exclude (for the avoidance of any doubt) the applicability of the provisions of Part I (save and except Section 9, Section 27, Section 37(1)(a) and Section 37(3) thereof) of the Indian Arbitration and Conciliation Act 1996 to any arbitration under this section. 14.1 If you are contracting with Airbnb Payments UK, these Payments Terms will be interpreted in accordance with English law. 5.4.1 Airbnb Payments will take the necessary steps to rectify any payment processing errors that we become aware of. 15.7 Modification to AAA Rules - Arbitration Hearing/Location. Airbnb Payments is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you. If Airbnb has reason to believe that you as a Host participated in fraudulent activity, such as an overpayment scam, booking fraud or other fraud, and Airbnb Payments released the payout for such stay, Airbnb Payments may recoup from you such amount by reducing, setting off or debiting the amount from any future Payouts owed to you. HOLDER REPORTING. 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 will also provide notice to a Hosts registered email address if the Payout is returned to us because of an error. 3.8 Payment Service Providers. 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. 16.5 Language. Scam alert: Fake 'unclaimed property' letter may look real, but don't If your Payment Method associated with the relevant booking is determined to be 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. And besides the housing shortages and inflated rents, there is an ever-increasing number of Airbnb scams that target unsuspecting guests. 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. 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). 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. 14.6 If you are contracting with Airbnb Brazil, these Payments Terms will be interpreted in accordance with the laws of Brazil. Additional terms and conditions may apply for the use of an alternative payment option. Check in / Check out. 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). 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. 17.2 Resolution Procedures for Diverted Payouts. 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. 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. 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. 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. 2.11.1.4 You agree that by selecting a Payment Plan, you may not be able to pay for the booking with a different Payment Method or pursuant to a different payment schedule. 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. Providing requested information is required for a Payout Method to be valid. Please review this information about updates to our Terms. 18.3 If you are a resident in Brazil and make a booking with a Host residing outside of Brazil using local currency, by using the Payment Services you acknowledge and agree that Airbnb Brazil acts as a payment collectionagent of the Host residing outside of Brazil. Your Payout for a booking will be the Total Price less applicable fees like Airbnb service fees and applicable taxes. You may have other statutory rights or warranties which cannot lawfully be excluded. 20.5 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. 19.2 In such situations where the relevant Payment Services are provided by a third-party payment service provider, each Host, including each Host Team member, hereby appoints any local third-party payment service providers engaged by Airbnb China (rather than Airbnb China itself) to serve as the Hosts payment collection agent, solely for the limited purpose of accepting and processing funds from Guests purchasing Host Services on the behalf of Hosts. The unclaimed funds held by the state are often from bank accounts, insurance policies, or your state government. To the maximum extent permitted by law, the Payment Services are provided as is, without warranty of any kind, either express or implied. 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. Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. You authorize Airbnb Payments to collect and store your Payout Method information. 14.5 If you are contracting with Airbnb Payments Australia, these Payments Terms will be governed by the laws of the State of New South Wales, Australia. Such fees or charges may include collection fees, convenience fees or other third-party charges. Effecting payments to a third-party Payout Method designated by a Host; Collection and payment of charitable donations; Other payment related services in connection with Host Services. If the amount in controversy is $5,000 or less, the parties agree to proceed solely on the submission of documents to the arbitrator. 5.2 Payment Authorizations. You acknowledge that the transferred data is no longer protected by Luxembourg professional secrecy after its transfer. Each Host agrees that Airbnb Payments may refund the Guest in accordance with the Terms. Except as otherwise required by applicable law, Airbnb Payments may modify these Payments Terms at any time. U.S. Booking Credit Program Terms and Conditions - Airbnb Your Payout Method may also be subject to additional terms of use. Welcome To The Virginia Treasury's Unclaimed Property Program. 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. If you see an undefined term in these Payment Terms, it has the same definition as in the Terms. 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. 3.10 Your Payout Method, Your Responsibility. As a Host you may be liable for losses relating to any Diverted Payout arising from the use of lost, stolen, or misappropriated Credentials (including the loss of a mobile phone on which you have installed the Application) or where you have failed to keep your Credentials safe, up to a maximum of 35. 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. rules. When we proposechanges 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. 13.3 Termination. 15.2 Overview of Dispute Resolution Process. 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. Without limiting our rights specified below, Airbnb Payments may terminate this agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address (or two (2) months prior notice for Members contracting with Airbnb Payments UK). It is your responsibility as a Host to ensure that you provide us with a current, accurate, and valid email address. The arbitral award is final and binding upon both parties. Start your search Location. 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), 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). 18.6 For Guests and Hosts contracting with Airbnb Brazil, all references in this Payments Terms to Airbnb, Airbnb Payments or Airbnb Platform shall be deemed to refer to Airbnb Brazil. The AAA Rules are available at www.adr.org. 19.3 In addition, Hosts may be required to enter into a separate service agreement with such third-party payment service providers regarding the provision of the relevant Payment Services. 2.7 Booking Request Status. 2.7 Booking Request Status. 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. 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. 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. You may not assign, transfer, or delegate this agreement or your rights and obligations hereunder without Airbnb Payments prior written consent. 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. 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. 5.4.1 Airbnb Payments will take the necessary steps to rectify any payment processing errors that we become aware of. If your Payment Methods 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. 13.4 Suspension and Other Measures. 1.3 Your Airbnb Account. If you are acting as a business, you agree to submit to the exclusive jurisdiction of a court located in the city of Sao Paulo, State of Sao Paulo, Brazil. 2.3 Payment Authorization. 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. 2.11.1.5 If Airbnb Payments is unable to collect your payment, Airbnb Payments will notify you of such declined payment, and require you to complete the payment using an alternative Payment Method within 72 hours of the notice. As a result, certain fees may apply and the amount listed on your card statement may be different from the amount shown at checkout. 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. Please review them before using your Payout Method. 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. If the suggestion is a link, the browser will navigate to that page. 15.6 Arbitration Rules and Governing 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. Experiences. 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. 2.11.1.2 If you choose a Payment Plan, the Airbnb Platform will notify you during check out of the amount, currency and schedule of each payment due. 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. CLAIMING PROPERTY. Each Host agrees that Airbnb Payments may refund the Guest in accordance with the Terms. Travel Credit Terms and Conditions - Airbnb Help Center For compliance or operational reasons, Airbnb Payments may limit the amount of a Payout. 5.3.1 If Airbnb Payments is unable to collect any amounts you owe under the Terms andthese Payments Terms, Airbnb Payments may engage in collection efforts to recover such amounts from you. 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. Additional terms and conditions may apply for the use of an alternative payment option. Modification, Term, Termination, and other Measures. Luxury Homes for Sale in Grenoble, Auvergne Rhne Alpes, France WA Unclaimed Property 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. 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. This Section 4 is subject to exceptions provided in Section 19.2 for Hosts, including each Host Team member, contracting with Airbnb China. 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. These items and funds go missing, often for things as simple as a misspelled name or an out-of-date address. Suggestions will show after typing in the search input. Additional Clauses for Users that are Businesses. 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. Your Payout Method may also be subject to additional terms of use. Japan Has Millions of Empty Houses. Want to Buy One for $25,000? 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. Anywhere. 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. You and Airbnb Payments each retain the right to seek resolution of the disputein small claims court as an alternative to arbitration. If the amount in controversy is $5,000 or less, the parties agree to proceed solely on the submission of documents to the arbitrator. Find the perfect place to stay at an amazing price in 191 countries. 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. 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. If the booking is canceled, you will be refunded based on the Hosts cancellation policy. 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. Belong anywhere with Airbnb. 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. If you have any questions regarding your Recurring Payments, please contact Airbnb Payments. 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. Airbnb Payments is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you. 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. 2.1 Adding a Payment Method. 20.2 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 Representatives authority. 2.11.2.2 If Recurring Payments apply to a confirmed booking, then the Guest authorizes Airbnb Payments to collect the Total Price due. Once the payment for your requested booking is successfully completed, you will receive a confirmation email. Limitations 6.1 If you are responsible forDamage Claim amountspursuant to Section 15 of the Terms, Airbnb via Airbnb Payments may, with your prior authorization, charge the Payment Method used to make the booking or any other payment method on file in your Airbnb account at the time of the Damage Claim in order to collect the Damage Claim amounts, up to a maximum amount as defined in Section 15 of theTerms. 5.5.2 Subject to this Section 5.5.2, Airbnb Payments will initiate the refundprocess immediately. Treasury receives hundreds of millions of dollars in unclaimed property every year.
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