If the selection is a phrase, that phrase will be submitted to search. 18.2.3 If you as Host claim not to have received a Payout properly due to you via your chosen Payout Method, Airbnb Payments Luxembourg will (if requested) make immediate efforts to trace the payment and will notify you of the outcome. We use a variety of service providers (some belonging to the Airbnb group and some being third party service providers) in the context of outsourcing arrangements to help us provide our services in an efficient and qualitative manner. 13.2 Term. When you add a Payment Method to your Airbnb account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to Airbnb Payments or its third-party payment processor(s). The following paragraphs will apply if you are contracting with Airbnb Payments Luxembourg: 18.1.1 The Payment Services include the payment service provided to Hosts contracting with Airbnb Payments Luxembourg. We may require you to provide additional information or documentation demonstrating your Representatives authority. Please note, however, that the Airbnb Payments company with whom you contract will stay the same for all bookings made prior to your change of residence. Claiming Property . Unless we can prove that the payment was received by you via your chosen Payout Method, we will refund the amount. Upon a Guests payment of the funds to Airbnb Payments, the Guests payment obligation to the Host(s) for the agreed upon amount is extinguished, and Airbnb Payments is responsible for remitting the funds successfully received by Airbnb Payments to the Host(s) in the manner described in these Payments Terms. Airbnb Payments may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time. A notice of dispute must include: the partys name and preferred contact information, a brief description of the dispute, and the relief sought. Airbnb Payments may also share your information with governmental authorities as required by applicable law. 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. 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. 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. 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. In certain instances, the refund process may include the option to receive credit in lieu of a cash refund; if this option is made available to you, the timing of your refund will be communicated via the Airbnb Platform. If you don't submit a timely payment or appeal, or your appeal is unsuccessful, your payment method will be charged. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The UK Financial Ombudsman Service is also available in a number of different languages and if you need it you will be put in touch with a translator when you contact the UK Financial Ombudsman Service. 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. Airbnb Payments guarantees payments to Host(s) only for such amounts that have been successfully received by Airbnb Payments from Guests in accordance with these Payments Terms. To that end, these Payment Terms provide for a two-part process for individuals to whom this Section 15 applies: (1) an informal negotiation directly with Airbnbs customer service team (described in Section 15.3), and if necessary (2) a binding arbitration administered by the American Arbitration Association (AAA). 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. No fees of any kind apply to Booking Credit, and Booking Credit balances do not expire but may be subject to applicable unclaimed property laws. 2.6 Currency. Reporting Property . The tribunal shall consist of three (3) arbitrators. Airbnb Payments will process each transaction in the currency you select via the Airbnb Platform. Airbnb Payments generally charges the Total Price due after the Host accepts your booking request. 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. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to: 8.2 You may not use or assist others to use the Payment Services to send or receive funds: (i) into any United States embargoed countries; or (ii) to anyone on the U.S. Treasury Departments list of Specially Designated Nationals, the U.S. Department of Commerces Denied Persons List or Entity List,UK Sanctions List and HM Treasury Department Consolidated List, United Nations Consolidated List or European Union Consolidated List. Any amount not collected for any reason will be subject to any remedies that may be available, including, but not limited to, referral to a collections agency, or pursuit of available causes of action or claims against 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. The currencies available to make payments may be limited for regulatory or operational reasons based on factors such as your selected Payment Method, your country of residence, and/or your Airbnb Payments contracting entity(ies). rules. How To Spot & Avoid Airbnb Scams - We Learned The Hard Way! You represent and warrant that: (i) neither you nor your Host Services are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist supporting country; and (ii) you are not listed on any U.S. Government,UK or European Union list of prohibited or restricted parties. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that Airbnb Payments does not remit any such amounts, the Host(s) will have recourse only against Airbnb Payments and not the Guest directly. Treasury receives hundreds of millions of dollars in unclaimed property every year. 3.9 Your Payout Method, Your Responsibility. By using the Payments Services, you agree to comply with these Payment Terms. 15.8 Modification of AAA Rules - Attorneys Fees and Costs. Unless we can prove that the payment was received by you via your chosen Payout Method, we will refund the amount. 17.2.2 We will not be liable for any loss arising from: (i) Diverted Payouts where you acted fraudulently or where, with intent or gross negligence, you failed to use the Airbnb Platform and/or Payment Services in accordance with the Terms or these Payments Terms (including the obligation to keep your Credentials safe); (ii) or any payout transaction which we facilitated in accordance with information provided by you where the information you provided was incorrect. Airbnb Payments will notify you in writing before any Additional Amounts are charged. 20.6 If you handle, store or otherwise process payment card information on behalf of anyone or any third-party, you agree to comply on an ongoing basis with applicable data privacy and security requirements under the current Payment Card Industry Data Security Standard with regards to the use, access, and storage of such credit card information. 1.3 Your Airbnb Account. If your country of residence is within the European Economic Area (EEA), Switzerland or the United Kingdom, the Payments Terms of Service for European Users apply to you. You may terminate this agreement at any time by sending us an email or by deleting your Airbnb account. 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. Without limiting our rights specified below, Airbnb Payments may terminate this agreement for convenience at any time by giving you two (2) months prior notice. A new rule, the only one of its kind in a major European city, forbids short-term private-room rentals, adding fuel to the debate over how to control booming prepandemic . 19. If any provision of these Payments Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. 18.1.5 Communication. As a result, certain fees may apply and the amount listed on your card statement may be different from the amount shown at checkout. Any amount due to a Host from a Guest which Airbnb collects as the Hosts payment collection agent as further set out in Section 4 above. 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. File a Report. Each Host agrees that Airbnb Payments may refund the Guest in accordance with the Terms. Airbnb Payments failure to enforce any right or provision in these Payments Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. If you are contracting with Airbnb Payments UK, or Airbnb Payments Australia, you will receive at least two (2) months advance notice. How to find unclaimed money from the government | USAGov Search to find yours! 2.1 Adding a Payment Method. 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. You can contact the UK Financial Ombudsman by (i) telephone from inside the UK: 0300 123 9123 or 0800 023 4567; from other countries: +44 20 7964 0500, on Monday to Friday, 8am to 8pm and on Saturday 9am to 1pm; (ii) post: Financial Ombudsman Service, Exchange Tower, London, E14 9SR; or (iii) email: enquiries@financial-ombudsman.org.uk. Airbnb Payments is not responsible for any such fees and disclaims all liability in this regard. Airbnb Payments may limit or temporarily or permanently suspend your use of or access to the Payment Services (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, (ii) if you have breached these Payments Terms, the Terms, applicable laws, regulations or third-party rights, (iii) if you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, (iv) for any amounts you owe under these Payments Term that are overdue or in default, or (v) if Airbnb Payments believes in good faith that such action is reasonably necessary to protect the personal safety or property of Airbnb, its Members, Airbnb Payments, or third parties, or to prevent fraud or other illegal activity.
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