Except as provided in Section 15.11, 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 will be given full force and effect. This means you could make over $46,000 off of your Airbnb - a pretty significant $16,000 more than you would through traditional renting. 18.2 Resolution Procedures for Diverted Payouts. These payment service providers may charge you additional fees when processing payments in connection with the Payment Services, and Airbnb Payments is not responsible for any such fees and disclaims all liability in this regard. 2.6 Currency. You may not remove the Payment Method associated with a reservation,during the period commencing from the date of your booking and ending fourteen (14) days following your check-out date, nor during any additional period of time needed to resolve any outstanding Damage Claim associated with such booking. 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. 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. 15.7 Modification to AAA Rules - Arbitration Hearing/Location. 1.3 Your Airbnb Account. 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. when you book a Host Service outside of China; or, when you create a Listing located outside of China; or. Further, for unsuccessful payment due to card expiration, insufficient funds, or otherwise, we may temporarily suspend your access to the Payment Services until we can charge a valid Payment Method. 2.3 Payment Authorization. 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. Each Host understands that Airbnb Payments obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Guest. HOLDER REPORTING. You and Airbnb Payments each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 15): (i) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); (ii) a request for the remedy of public injunctive relief; or (iii) any individual claim of sexual assault or sexual harassment arising from your use of the Airbnb Platform or Host Services. 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. 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. 2.10 Your Payment Method, Your Responsibility. Any such limitations will be communicated via the Airbnb Platform, and you will be prompted to select a different currency or Payment Method. 14.4 If you are contracting with Airbnb Payments India, these Payments Terms will be interpreted in accordance with the laws of India. Additional Clauses for Users Contracting with Airbnb Payments Luxembourg. This includes payments youve made for Homes and Experiences reservation. If your unclaimed property totals more than $1,500, (good for you!) You can find your upcoming and completed payments in Your payments. 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. 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. A notice of dispute must include: the partys name and preferred contact information, a brief description of the dispute, and the relief sought. 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. If you reside in, or the organization you are acting for is established in, the United States, the arbitration agreement and class actions waiver in Section 15 apply to you. If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Airbnb Payments agree that the arbitrator will decide that issue. scam letter - Airbnb Community 5.2 Payment Authorizations. To the maximum extent permitted by law, the Payment Services are provided as is, without warranty of any kind, either express or implied. Payment Methods may involve the use of third-party payment service providers. Each party shall bear its own costs in relation to the arbitration. Further, for unsuccessful payment due to card expiration, insufficient funds, or otherwise, we may temporarily suspend your access to the Payment Services until we can charge a valid Payment Method. Provided that you notify us of any Diverted Payout without delay and at the very latest within 13 months of the date of the payment, you may be entitled to a refund of that payment. 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. Box 66501 (both corners of page, google it with quotes around it and no good hits) London KY 40742 (both corners of page, google it with quotes around the address and no good hits) Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules. 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. 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. 6.2 You agree that Airbnb Payments may seek to recover from you under any insurance policies you maintain and that Airbnb Payments may also pursue against you any remedies it may have available, including, but not limited to,referral to a collections agency, or pursuit of causes of action or claims against you, including in relation to any Damage Claim orpayment requests made by Hosts under the Host Damage Protection. Airbnb Payments will send its notice of dispute to the email address associated with your Airbnb account. Please read them carefully. 15.2 Overview of Dispute Resolution Process. If you don't submit a timely payment or appeal, or your appeal is unsuccessful, your payment method will be charged. 15.10 Jury Trial Waiver. 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. We may, and retain the right to, initiate refunds of these amounts from your Payment Method. The arbitration proceedings shall be conducted in English. Please note that Airbnb Payments is not committed or obliged to use an alternative dispute resolution entity to resolve disputes with consumers. 14.2 If you are contracting with Airbnb China, these Payments Terms will be governed by and construed in accordance with the laws of the Peoples Republic of China (China Laws). 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.
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