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Arbitration Agreement in the US

Important: These Host Damage Protection Terms contain an arbitration agreement and class action waiver that applies to all claims brought against us in the United States. See Section 12, below. It affects how disputes with us are resolved. By accepting these Host Damage Protection Terms, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.

Last updated: February 5, 2026

1. Important information

Defined terms

1.1. Words and phrases in bold are important, defined terms and their meaning is set out in Section 15 of these Host Damage Protection Terms below or in the Terms and Payments Terms, where not otherwise defined.

Limit of liability and your statutory rights

1.2. Except as otherwise specifically stated in these Host Damage Protection Terms, we have no liability, in contract or otherwise, to the Host or other persons for damage to Eligible Property, Booking Income Loss or any other form of loss or damage arising directly or indirectly from or caused by a Responsible Guest or Invitee.

Hosts with a country of residence or establishment in Australia

1.3. For Hosts with a country of residence or establishment in Australia:

1.3.1.These Host Damage Protection Terms apply to the maximum extent permitted by applicable laws. These Host Damage Protection Terms are subject to the Australian Consumer Law. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Host Damage Protection Terms excludes a party’s liability for prior false, misleading or deceptive statements or misrepresentations, whether oral or written.

1.3.2. The following sections are treated as deleted and replaced as follows:

  • Section 14.1 is replaced with Section 19 (Indemnification) of the Terms;
  • Section 8 is replaced with Section 18 (Limitations on Liability) of the Terms, which is amended such that your limitation of liability in paragraph 3 of Section 18 (Limitations on Liability) shall not apply to our right to recover any amounts paid to you or payable to you pursuant to an Approved Payment Request in accordance with these Host Damage Protection Terms (including by way of deduction or offset);
  • Sections 10.1 and 10.4 are replaced with Section 13 (Modification of these Terms) of the Terms; and
  • use of the term "Terms" in these provisions in the Terms shall be treated as deleted and replaced with ”Host Damage Protection Terms” accordingly.

Please note that the Terms applicable to you are the Terms of Service for Australian Users

1.3.3. Please read these Host Damage Protection Terms carefully as they contain important information about your legal rights, remedies and obligations.

Hosts with Listings in the State of Washington

1.4. For Hosts who offer Accommodations in the State of Washington (“Washington Hosts”), all amounts payable by us under these Host Damage Protection Terms are secured by an insurance policy purchased by us. Washington Hosts are designated as loss payees under such insurance policy. We have instructed the relevant insurance company to make direct payment to the relevant Washington Hosts for amounts payable by us to them pursuant to these Host Damage Protection Terms.

1.5. This insurance arrangement does not change the contractual responsibilities of any Hosts under these Host Damage Protection Terms, the Terms, or the Payments Terms.

Guarantee security

1.6. For Hosts who offer Accommodations in the State of Arkansas:

1.6.1. Airbnb’s obligations under this online marketplace guarantee are not covered under a reimbursement insurance policy and are backed only by us.

1.6.2. Airbnb is the provider obligated to provide payment under these Host Damage Protection Terms.

Scope and application

1.7. These Host Damage Protection Terms do not apply to:

1.7.1. Hosts who offer Accommodations in Japan. For Hosts who offer Accommodations in Japan, Japan Host Insurance will apply to such Hosts, more details of which are available in the program summary; or

1.7.2. Hotels and other similar categories of listings that we may specify from time to time or Hosts who contract with Airbnb Travel, LLC to provide Accommodations.

1.7.3. Any Services or Experiences.

1.8. These Host Damage Protection Terms only apply to Hosts who offer Accommodations on the Airbnb Platform and only in respect of those Accommodations.

Your agreement to these Host Damage Protection Terms

1.9. By posting a Listing or otherwise using the Airbnb Platform as a Host, you agree to comply with and be bound by these Host Damage Protection Terms.

1.10. If you delete your Airbnb account from the Airbnb Platform, you will no longer be bound by these Host Damage Protection Terms from the date of such deletion, other than in respect of any HDP Request made prior to such deletion. If you do not wish to be bound by these Host Damage Protection Terms, you can simply not make an HDP Request.

2. Our Host Damage Protection guarantee

2.1. The Responsible Guest has the primary obligation under the Terms for compensating you for damage or loss (including HDP Losses) that they are responsible for, as outlined in any Damage Report that you submit to that Responsible Guest.

2.2. In these Host Damage Protection Terms, “HDP Losses” means Eligible Losses suffered in respect of Eligible Property and consequential Booking Income Loss, if any.

2.3. We hereby guarantee the Responsible Guest’s primary obligation to compensate you for any HDP Losses, subject to these Host Damage Protection Terms. As a guarantee, this means we will only compensate you for HDP Losses if the Responsible Guest fails to satisfy their primary obligation under the Terms to pay you for such HDP Losses.

2.4. We provide this Host Damage Protection guarantee solely for the purpose of promoting the Airbnb Platform by building customer loyalty and strengthening customer confidence in the use of the Airbnb Platform. We have the right to deny full or partial payment under these Host Damage Protection Terms if you fail to comply, at any time, with your obligations under our Terms, Payments Terms, Community Policies, and Community Standards.

2.5. These Host Damage Protection Terms are not an insurance contract. The Host Damage Protection guarantee is not insurance or an offer to insure and does not take the place of insurance obtained or obtainable by you. Furthermore, these Host Damage Protection Terms are not a tenant’s or homeowners residential insurance contract or an insurance service agreement for another line of business. To the extent you desire protection beyond Host Damage Protection, we strongly encourage you to purchase insurance that will cover you and your property for losses caused by Guests or Invitees that do not constitute HDP Losses.

2.6. You have an obligation to take reasonable care to avoid Eligible Losses. We reserve the right to deny any request for reimbursement where the Eligible Loss was the result of a Host’s failure to take reasonable care to avoid Eligible Losses (as may be evidenced by multiple repeat requests for the same type of Eligible Loss in the same Listing).

2.7. If you have any questions about these Host Damage Protection Terms, please email us. You can download or print these Host Damage Protection Terms here.

3. How to make a Host Damage Protection reimbursement request

Making a reimbursement request to the Responsible Guest (or other responsible person)

3.1. Before we can consider an HDP Request, you must demonstrate that you have:

3.1.1. Pursued the rights and remedies you have against the Responsible Guest and/or Invitee, or from any other party that is legally or contractually responsible for the HDP Losses; and

3.1.2. Within fourteen (14) days of the Responsible Guest’s checkout date:

  • used your best efforts to recover the amount requested from the Responsible Guest including by:
    • (a) explaining why the Responsible Guest is responsible for the HDP Losses; and
    • (b) requesting that the Responsible Guest reimburse you for the HDP Losses or otherwise resolve the loss or damage; and
  • notified us of your complaint against the Responsible Guest.

3.1.3. You may fulfill the obligations set out in Sections 3.1.1 and 3.1.2 above by submitting a reimbursement request for the loss or damage to the Responsible Guest via the Airbnb Resolution Center, provided that your reimbursement request fulfills all of the obligations set out in Sections 3.1.1 and 3.1.2.

Making a reimbursement request to us for HDP Losses

3.2. In the event the Responsible Guest fails to pay the amount requested for HDP Losses in the relevant Damage Report, you may make an HDP Request to us for HDP Losses by completing the steps set out in section 3.3 below.

3.3. Within thirty (30) days of the Responsible Guest’s checkout date you must:

3.3.1. Complete and file a Host Damage Protection Payment Request Form via the Resolution Center; and

3.3.2. Provide us with Legitimate and Verifiable Evidence, in the format reasonably requested by us, supporting the existence, extent, and amount of the Eligible Loss including the following:

  • The time, cause and origin of the Eligible Loss, and evidence and proof of such loss in the form of receipts, photographs, videos, documents and other verifiable forms of proof.
  • A complete inventory of the lost, destroyed or damaged Eligible Property with descriptions of the make and model, including the date you purchased or acquired the item, the condition at the time of the loss or damage, and the estimated cost to repair or replace along with receipts or related documents that justify the figures in the inventory.
  • Detailed repair estimates in the case of physical damage or loss to Eligible Property consisting of real property.
  • Receipts, bills, or invoices for additional, reasonable, customary and unexpected cleaning costs incurred to clean Eligible Property as described in Sections 6.3.3, 6.3.4 and 6.3.5 below.
  • In addition to the above, in respect of Smoke Odor Cleaning Costs:
    • (a) You must provide Legitimate and Verifiable Evidence that the Responsible Guest or an Invitee caused the smoke odor. Such evidence may include photographs, professional assessments, smoke detector readings, or an admission by the Responsible Guest that they permitted smoking in the Eligible Accommodation in breach of the House Rules, or any other evidence that we deem sufficient; and
    • (b) We may require, in our discretion, that all receipts, bills or invoices that you provide in respect of Smoke Odor Cleaning Costs are from an independent third party approved by us
  • The total amount of the HDP Losses that is the subject of the payment request.
  • All information that we reasonably request to determine the amount of the loss with respect to Eligible Property.
  • Proof of ownership or responsibility for the Eligible Property and a police report, if any, as required under Section 3.4 below.

3.3.3. “Legitimate and Verifiable Evidence” means, but is not limited to, that the documents and information you provide must be true and accurate and not be doctored or falsified in any way, including by the use of artificial intelligence. If we cannot verify the documents and information that you provide as being legitimate, after using reasonable efforts to do so:

  • we may request that you (a) submit additional documentation (which may include a requirement that an independent third party provides such documentation), and/or (b) use a different format or method to capture and convey the information; or
  • we may deny the request altogether.

3.3.4. Please see Section 9 below (Fraud, misrepresentation or dishonest conduct) for details of how we would treat any fraud, misrepresentation or dishonest conduct by you in respect of a Host Damage Protection Payment Request Form.

3.4. When making a reimbursement request to us, you must also:

3.4.1. Provide us with proof of ownership of, or legal responsibility for, the Eligible Property in the form of receipts, photographs, videos, documents or other customary forms of proof (including, but not limited to, appraisal or valuation forms or notices addressed to you) reasonably acceptable to us and certified by you as true and correct;

3.4.2. In case of loss or damage to Eligible Property due to violation of law or criminal act or theft or misdemeanor and for which you are filing a Host Damage Protection Payment Request Form, file a police report listing such Eligible Property and provide us with a copy of such report, certified by you as true and correct;

3.4.3. Protect and preserve damaged Eligible Property from further loss or damage;

3.4.4. As often as may be reasonably requested by us or our designees (i) exhibit all that remains of any damaged Eligible Property and sign the written records of examination; (ii) produce for examination all books of accounts, business records, bills, invoices, and vouchers (either originals or certified copies if originals are lost) and (iii) permit extracts and machine copies to be made of the above;

3.4.5. Permit us or our designee(s) to make inspections of the Eligible Property at all reasonable times. However, the right to make inspections, the making of inspections, and any analysis, advice, or inspection report will not constitute an undertaking by us or our insurer (where applicable) to determine or warrant that damaged Eligible Property is safe or healthful. We will have no liability to you or any other person because of any inspection or failure to inspect; and

3.4.6. Cooperate with us, including signing any documents, and timely responding to any reasonable requests for additional information or documentation that we or our designees may require or request to process the applicable Host Damage Protection Payment Request Form.

Independent investigation and testing

3.5. We and/or our insurer (where applicable) reserve the right, but not the obligation, to independently investigate (or to have independently investigated) at our sole discretion and expense, the facts and circumstances of any Host Damage Protection Payment Request Form that you file with us. This right applies even if you have complied with all of the conditions set out in this Section 3.

3.6. If testing is required to show which Eligible Property is physically damaged, you will retain full rights to the possession and control of damaged Eligible Property once that proper testing is complete, subject to Section 4.10 below.

Consent to review all communications on the Airbnb Platform

3.7. Any request for reimbursement under these Host Damage Protection Terms constitutes your consent for us to review all communications between you and the Responsible Guest, any previous Guest or us via the Airbnb Platform for the purpose of evaluating your reimbursement request.

Corporate or other legal entity Hosts

3.8. If you act on behalf of a company or other legal entity Host, any request for reimbursement under these Host Damage Protection Terms constitutes your representation and warranty that you have the authority to bind that Host company or other legal entity to these Host Damage Protection Terms.

    4. How we will handle your Host Damage Protection reimbursement request

    Host Damage Protection Payment Request Form

    4.1. Subject to Section 4.2, We will complete our processing of your Host Damage Protection Payment Request Form within a reasonable period after you have:

    4.1.1. Completed and filed a Host Damage Protection Payment Request Form; and

    4.1.2. Provided us with all information and documentation that you are required to provide to comply with the conditions set out in Section 3 above.

    4.2. The time it takes for us to process any Host Damage Protection Payment Request Form that you file with us will depend on: (i) the amount of payment that you are requesting for the HDP Losses; (ii) the location of the Eligible Accommodation; (iii) the nature of the Eligible Property and the nature of the HDP Losses; (iv) the completeness and type of information and documentation that you provide to us regarding the HDP Losses; (v) the number of Host Damage Protection Payment Request Forms that are currently being processed for other Hosts; (vi) whether part or all of the HDP Losses are covered by any insurance policy you may benefit from; and (vii) anything else that may impact our processing time.

    Approved Payment Request

    4.3. If your Host Damage Protection Payment Request Form is approved in whole or in part (an “Approved Payment Request”), we will pay you or the third party owner of the Eligible Property (where applicable) the amount of the HDP Losses as calculated by us or our designees.

    4.4. The process for such calculation of HDP Losses is described under “How much do we pay under Host Damage Protection?” in Section 7 below. We will notify you of that calculation once it is complete and, as a condition of payment, you will be required to deliver to us an executed Host Damage Protection Approved Payment Request Agreement in the form provided to you by us.

    4.5. We or our designees may use third party service providers to assist in the processing of Host Damage Protection Payment Request Forms and the investigation and evaluation of related payment requests.

    Third party payments

    4.6. For an Approved Payment Request that involves Eligible Losses to Eligible Property that is owned by a party other than you:

    4.6.1. We reserve the right, in our sole discretion, to pay all or a portion of the amount covered in such Approved Payment Request either to you or directly to the third party owner of such Eligible Property; and

    4.6.2. If a Host Damage Protection payment for all or a portion of such amount is made directly to the third party owner of such Eligible Property, such payment will, for the purposes of the Approved Payment Request, be deemed to have been paid to you directly, and you will be solely responsible for collecting from the owner of such Eligible Property any portion of such payment to which you believe you are legally entitled.

    4.7. Your indemnification obligations set out in Section 14.1 below (or Section 1.3, as applicable) also apply to any payments made directly to the owner of any Eligible Property.

    Subrogation

    4.8. We and/or our insurer (if applicable) have the right to subrogate against any person or entity whatsoever who allegedly is responsible for causing the losses or damages to the Eligible Property in question, which may include any and all rights you may have against the Responsible Guest, an Invitee or any other third party under the Terms.

    4.9. You must assist in and cooperate fully with us regarding any and all efforts at subrogation with respect to any payments made under these Host Damage Protection Terms by, or on behalf of, us.

    Sale of Eligible Property

    4.10. If we make a payment in respect of an Approved Payment Request where the relevant Eligible Property is so badly damaged that it is uneconomic to repair it, we will have the right but not the obligation to take ownership of such damaged Eligible Property.

    4.11. We, using reasonable judgment, will decide if the physically damaged Eligible Property can be reprocessed or sold. If we determine that the Eligible Property is unfit for reprocessing or sale, we will not dispose of it except with your consent.

    4.12. Any proceeds from the sale or other disposition of Eligible Property will go:

    4.12.1. to us or our insurer (if applicable), if received at or after the time of the HDP Loss settlement by us; or

    4.12.2. to you, if received prior to the HDP Loss settlement by us. Any such proceeds will reduce the amount of the HDP Loss payable to you.

    5. What property falls within the scope of Host Damage Protection?

    5.1. The guarantee provided by us under Section 2.3 of these Host Damage Protection Terms is limited to Eligible Property, as set out in this Section 5.

    Eligible Property

    5.2. Eligible Property” means and is limited to the following property located at an Eligible Accommodation to the extent of your interest in such property, unless such property constitutes Ineligible Property:

    5.2.1. Real property located at the site of such Eligible Accommodation, in which you have an economic interest including (i) new buildings, (ii) land improvements consisting of landscape gardening, driveways, roadways or pavements and (iii) additions under construction;

    5.2.2. Consumables that are clearly indicated as not available for the Guest or Invitee’s stay, for example they are clearly signed as unavailable, locked away or specified as unavailable in the House Rules; and

    5.2.3. Personal property that is:

    • owned by you, including your interest as a tenant in improvements and betterments;
    • not owned by you, but is in your custody and for which you are under obligation to keep the personal property insured for physical loss or damage; or
    • not owned by you, but is in your custody and for which you are responsible for physical loss or damage to the property.

    Ineligible Property

    5.3.Ineligible Property” means each of the following:

    5.3.1. Consumables other than those specified in Section 5.2.2 above;

    5.3.2. Currency, money, precious metal in bullion form, notes or securities;

    5.3.3. Land or any other substance in or on land, including any fill or land beneath land improvements not otherwise specified in section 5.2.1 (ii) above;

    5.3.4. Water, unless the water is contained within any enclosed tank, piping system or any other processing equipment;

    5.3.5. Animals, including, but not limited to, livestock and pets;

    5.3.6. Standing timber; growing crops;

    5.3.7. Watercraft (including, but not limited to, Eligible Watercraft), aircraft, spacecraft, and satellites, unless such vessel is an:

    • Eligible Accommodation; or
    • Eligible Watercraft, that, at the time of the loss, is either:
      1. (i) parked or not being moved away from its usual secured dock; or
      2. (ii) damaged or destroyed due to a violation of law or criminal act or theft or misdemeanor committed by a Responsible Guest or Invitee;

    5.3.8. Vehicles (including, but not limited to, Eligible Motor Vehicles) unless such vehicle is an:

    • Eligible Accommodation; or
    • Eligible Motor Vehicle, that, at the time of the loss, is either:
      1. (i) parked or not being moved; or
      2. (ii) damaged or destroyed due to a violation of law or criminal act or theft or misdemeanor committed by a Responsible Guest or Invitee;

    5.3.9. Underground mines or mine shafts or any property within such mine or shaft;

    5.3.10. Dams, dikes and levees;

    5.3.11. Property in transit, except as otherwise provided by these Host Damage Protection Terms;

    5.3.12. Transmission and distribution lines beyond 1,000 feet of the Eligible Accommodation;

    5.3.13. Any damage to any property that is not in, at, or on an Eligible Accommodation;

    5.3.14. Real property owned by a party other than you and that you do not control;

    5.3.15. Weapons, including but not limited to standard firearms, air guns, self-defense or deterrent devices such as tasers or pepper spray, ammunition of any kind and imitation firearms except if such weapons are stored, secured and disclosed in accordance with our Community Standards and Community Policies; and

    5.3.16. Security cameras and other recording devices including, but not limited to, Wi-Fi cameras (for example, Nest Cam or Dropcam), nanny cameras, web cameras in computer monitors, baby monitors, mounted or installed surveillance systems, decibel and device monitors, and smartphones with video and/or audio recording unless such devices conform with our Community Standards and Community Policies.

    6. What losses are guaranteed by us under Host Damage Protection?

    6.1. The guarantee provided by us under Section 2.3 is limited to Eligible Losses, and consequential Booking Income Loss, if any, as set out in this Section 6.

    Booking Income Loss

    6.2.Booking Income Loss” means and is limited to the loss of booking income which would have been received by you for confirmed Reservations in respect of the Eligible Accommodation only which:

    6.2.1. Were on the Airbnb Platform and in force prior to the established time of the related Eligible Loss; and

    6.2.2. Are reasonably required to be cancelled by you or us as a direct result of an Eligible Loss making the Eligible Accommodation uninhabitable.

    Eligible Losses

    6.3.Eligible Losses” means and is limited to the following loss or damage caused during an Airbnb Stay, unless such loss or damage constitutes an Ineligible Loss:

    6.3.1. Physical loss or physical damage to a Host’s Eligible Property directly caused by the Responsible Guest or an Invitee.

    6.3.2. Physical loss or physical damage to a Host’s Eligible Property directly caused by a pet owned or controlled by a Responsible Guest or Invitee.

    6.3.3. Additional reasonable, customary cleaning or other costs incurred unexpectedly to clean or replace Household Linens stained by or as a result of having:

    • Unauthorized Invitees at the Eligible Accommodation; and/or
    • a pet owned or controlled by a Responsible Guest or Invitee at the Eligible Accommodation or any part of the Eligible Accommodation in violation of a Host’s House Rules.

    6.3.4. Additional reasonable, customary cleaning costs incurred unexpectedly to clean Eligible Property (other than Household Linens) as a result of:

    • Stains caused by the actions of a Responsible Guest or Invitee;
    • Unauthorized Invitees at the Eligible Accommodation;
    • Pet bodily fluid stains caused by a pet owned or controlled by a Responsible Guest or Invitee; and/or
    • A pet owned or controlled by a Responsible Guest or Invitee being at the Eligible Accommodation or any part of the Eligible Accommodation in violation of a Host’s House Rules.

    6.3.5. Additional reasonable, customary cleaning costs incurred unexpectedly to remove smoke odors from Eligible Property which result from a Responsible Guest or Invitee smoking (including, but not limited to, tobacco, cannabis, e-cigarettes, etc.) in the Eligible Accommodation and in violation of a Host’s House Rules (“Smoke Odor Cleaning Costs”).

    6.3.6. For Sections 6.3.3, 6.3.4 and 6.3.5 above, only cleaning costs in excess of cleaning fees paid to or charged by a Host will be paid.

    Ineligible Losses

    6.4. Host Damage Protection does not apply in respect of any of the following (“Ineligible Losses”):

    6.4.1. Any losses caused by a Guest or Invitee after the expiration of the Airbnb Stay.

    6.4.2. Any loss, cost, damage, claim, fee, liability or expense relating to Eligible Property, which arises out of any one Airbnb Stay, in excess of three million US dollars (USD $3,000,000), or its equivalent in the currency a) where the Eligible Accommodation is located and b) at the exchange rate applicable on the date of payment by us under these Host Damage Protection Terms.

    6.4.3. In the case of Fine Arts and Valuables, losses or damages if the Fine Arts and Valuables cannot be replaced with other of like kind and quality and any loss or damage from any repairing, restoration or retouching process.

    6.4.4. Any loss, damage, cost, claim, fee, liability or expense directly or indirectly caused by or resulting from any of the following:

      • Ineligible Property;
      • acts of nature, including, but not limited to, earthquakes and weather- related events such as hurricanes and tornadoes;
      • excessive use of electricity, gas, fuel, water or other utilities provided for the Eligible Accommodation;
      • indirect or remote causes;
      • interruption of business, loss of market and/or loss of use, except for Booking Income Loss;
      • loss, damage, or deterioration arising from any delay;
      • mysterious disappearance, loss, or shortage disclosed on taking inventory, or any unexplained loss of inventory;
      • enforcement of any law or ordinance (i) regulating the construction, repair, replacement, use or removal of any property, including removal of debris, or (ii) requiring the demolition of any property, including the cost of removing its debris;
      • animals, including injuries to animals, veterinary care, boarding, medications, and all other services associated with animals except for damage caused by pets as described in Section 7.3 above;
      • identity theft or identity fraud;
      • the authorized use of Eligible Watercraft or Eligible Motor Vehicles other than where they are solely used as an Eligible Accommodation; and/or
      • an Experience or Service offered on the Airbnb Platform.

      6.4.5. Any loss, damage or expense directly or indirectly caused by or resulting from any of the following, regardless of any other cause or event contributing thereto:

      • any hostile act or act of war, terrorism, insurrection or rebellion;
      • actual or threatened malicious use of poisonous biological or chemical materials;
      • nuclear reaction or radiation or radioactive contamination;
      • seizure or destruction under quarantine or custom regulation, or confiscation by order of any governmental or public authority;
      • contraband, or illegal transportation or trade;
      • any dishonest act, including but not limited to theft, committed by you or any persons or entities retained by you to do anything in connection with Eligible Property, unless such persons or entities are a Responsible Guest or Invitee and such act is done without your knowledge; and/or
      • lack of electricity, fuel, water, gas, steam, refrigerant, sewerage, telephone or internet services due to external factors.

      6.4.6. Any loss, damage, cost or expense caused by or resulting from stains to Household Linens except as provided in Section 6.3.3 above.

      6.4.7. Any loss, damage, or expense caused by:

      • faulty workmanship, material, construction or design from any cause;
      • deterioration, depletion, rust, corrosion or erosion, inherent vice or latent defect;
      • the degradation in condition or loss of function or efficiency of property over time due to use, age, lack of maintenance, or any combination of these;
      • settling, cracking, shrinking, bulging, or expansion of foundations, floors, pavements, walls, ceilings or roofs;
      • changes of temperature or relative humidity; and/or
      • damage caused by insects, animals or vermin except for damage caused by pets as described in Section 6.3 above.

      6.4.8. Any loss, damage, claim, cost, expense or other sums directly or indirectly arising out of or relating to mold, mildew, fungus, spores, virus, bacterium, or other microorganism of any type, nature, or description, including but not limited to any substance whose presence poses an actual or potential threat to human health. The foregoing applies even if there is (i) any physical loss or damage to Eligible Property; (ii) any peril or cause eligible hereunder, whether or not contributing concurrently or in any sequence; (iii) any loss of use, occupancy, or functionality; or (iv) any action required, including but not limited to, repair, replacement, removal, cleanup, abatement, disposal, relocation, or steps taken to address medical or legal concerns.

      6.4.9. Any fees that may be charged to a Guest by a Host for additional individuals invited to, or otherwise provided access to, the Eligible Accommodation who are not included in the Guest’s booking of such Eligible Accommodation.

      6.4.10. Costs arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate, any and all Electronic Data. “Electronic Data” means information, facts or programs, stored as or on, created or used on, or transmitted to or from any Electronic Media. “Electronic Media” means computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment.

      6.4.11. Any losses or damages not recoverable from the Responsible Guest and/or Invitee under the Terms.

        7. How much do we pay under Host Damage Protection for HDP Losses?

        7.1. Any amount which we pay to you under these Host Damage Protection Terms will not exceed the amount which you are entitled to recover from the Responsible Guest for HDP Losses.

        7.2. Where indicated in Section 7.3 below, certain Eligible Losses may be paid at their “Actual Cash Value” which is the amount it would cost to replace damaged or stolen Eligible Property as a result of an Eligible Loss, measured: (i) on the date of the incident that caused the Eligible Loss, with material of like kind and quality; and (ii) with proper deduction for (a) physical depreciation and (b) the degree to which the Eligible Property is out-of-date or no longer in use (the “Actual Cash Value”).

        7.3. The amount of HDP Losses will be computed by us as of the date of loss, at the location of the loss, and for not more than your interest, subject to the following:

        7.3.1. For the following items, the Eligible Losses are calculated as follows:

        • On exposed films, records, manuscripts, drawings, and Electronic Media, the value blank plus the cost of copying information from back-up or from originals of a previous generation. Costs of research, engineering, or restoring or recreating lost information or Electronic Data will not be paid;
        • On Fine Arts and Valuables, the lesser of:
          1. (i) the reasonable and necessary cost to repair or restore such property to the physical condition that existed on the date of loss;
          2. (ii) the cost to replace the property; or
          3. (iii)the current value of the property as assessed by a certified appraisal professional approved by us (the “Appraised Value”)
        • For Eligible Motor Vehicles and Eligible Watercraft, the lesser of:
          1. (i) the reasonable and necessary cost to repair or restore such Eligible Motor Vehicle or Eligible Watercraft to the physical condition that existed on the date of loss; or
          2. (ii) the Actual Cash Value; and
        • Where not otherwise described in Section 7.3.1 above, the loss amount in respect of any Eligible Property will be the lesser of:
          1. (i) the Actual Cash Value (as defined in Section 7.2 above);
          2. (ii) the cost to repair such damaged Eligible Property;
          3. (iii) the cost to rebuild or replace such Eligible Property on the same site with new materials of like size, kind, and quality;
          4. (iv) the cost to rebuild, repair, or replace on the same or another site, but not to exceed the size and operating capacity that existed on the date of the Eligible Loss; or
          5. (v) the cost to replace unrepairable electrical or mechanical equipment, including computer equipment and Electronic Media, with equipment that is the most functionally equivalent to that damaged or destroyed, even if such equipment has technological advantages and/or represents an improvement in function and/or forms part of a program of system enhancement.

        7.3.2. The amount of Booking Income Loss payable, if any:

        • Does not include non-continuing charges and expenses or any loss of booking income during any period in which the Eligible Accommodation would not have been tenantable for any reason other than an Eligible Loss;
        • Does not include mortgage payments or property taxes or similar; and
        • Is measured starting from the time of occurrence of the Eligible Loss and ending when the Eligible Accommodation can be made ready for habitation under the same or equivalent physical and operating conditions that existed prior to the Eligible Loss.

        7.4. The amount of any HDP Losses payable by us under Host Damage Protection, if any, will be reduced by the amount already paid to you or for your benefit for the same HDP Losses from a source other than Host Damage Protection, including without limitation: (i) amounts received under an insurance policy, guarantee or indemnity; (ii) a security deposit; or (iii) payment directly by the Responsible Guest or an Invitee, or other party or an insurer or guarantor of such party.

        7.5. HDP Losses will be paid in the currency of the United States of America unless, in our sole discretion, we elect to pay losses in a different currency. If currency conversions are required, we use a system-wide rate, known as the base exchange rate, for currency conversion using data from one or more third parties, such as OANDA (www.oanda.com).

        8. Limitations of liability

        8.1. Except as otherwise provided for in these Host Damage Protection Terms, the entire risk arising out of your access to and use of the Airbnb Platform, and your Listing of any Accommodation via the Airbnb Platform remains with you. Neither we nor any other party involved in creating, producing, or delivering the Airbnb Platform 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 for any damages for (i) personal or bodily injury or emotional distress arising out of or in connection with these Host Damage Protection Terms, (ii) from the use of or inability to use the Airbnb Platform, (iii) from any communications, interactions or meetings with other users of the Airbnb Platform or other persons with whom you communicate or interact as a result of your use of the Airbnb Platform, or (iv) from your Listing of any Accommodation via the Airbnb Platform. We will not be liable for any such damages described above, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not we have 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.

        8.2. Except for our obligation to pay amounts to you pursuant to an Approved Payment Request under these Host Damage Protection Terms, in no event will our aggregate liability arising out of or in connection with (i) these Host Damage Protection Terms; (ii) your use of or inability to use the Airbnb Platform including, but not limited to, posting a Listing, (iii) any Accommodation and (iv) your interactions with any other Member, exceed the amounts paid by us to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars ($100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between us and you. Some jurisdictions do not allow the exclusion for certain limitations of liability, so the above limitations may not apply to you. If you reside outside of the U.S., this does not affect our liability for death or personal injury arising from our negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

        8.3. If your country of residence or establishment is within the EEA, Switzerland or the United Kingdom, this Section 8 (Limitations of Liability) does not limit our statutory liability for intentional and gross negligence by us, our legal representatives, directors or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb or health. We are liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors or other vicarious agents. Essential contractual obligations are such duties of ours in whose proper fulfillment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of us is excluded.

        9. Fraud, misrepresentation or dishonest conduct

        9.1. You must not have misrepresented any facts or committed fraud or any other dishonest or deceptive act in connection with the Airbnb Stay or the preparation or submission of any payment request under these Host Damage Protection Terms.

        9.2. Any such misrepresentation, fraud, dishonest or deceptive act by you, at any time, will result in our denial of all pending payment requests under these Host Damage Protection Terms and immediate termination of these Host Damage Protection Terms as they relate to you.

        9.3. ​​Where fraud is identified, we will also:

        9.3.1. recover from you any reasonable costs you’ve caused us to pay or payments we have made to you under these Host Damage Protection Terms, which may be done by reducing, setting off or debiting the amount from any future payouts owed to you; and

        9.3.2. pass details to relevant third parties, including fraud prevention and law enforcement agencies whose members may access and use this information.

        10. Modification or termination of Host Damage Protection Terms

        10.1. We reserve the right to modify or terminate these Host Damage Protection Terms, at any time, at our sole discretion. The current version of the Host Damage Protection Terms will be made available on the Airbnb Platform here.

        10.2. We will handle payment requests in accordance with the version of the Host Damage Protection Terms that is in force on the date we receive the Host Damage Protection Payment Request Form.

        10.3. If we terminate these Host Damage Protection Terms:

        10.3.1. we will provide you with notice by email at least thirty (30) days before the date specified in that notice for such termination (the “Termination Date”);

        10.3.2. we will continue to process all Host Damage Protection Payment Request Forms filed prior to the Termination Date; and

        10.3.3. your right to file any new Host Damage Protection Payment Request Forms will end on the Termination Date.

        10.4. If we modify these Host Damage Protection Terms, we will post the new version on the Airbnb Platform.

        10.5. In addition to and without limiting our rights in this Section 10, or under the Terms, we reserve the right to modify or terminate these Host Damage Protection Terms generally or in any jurisdiction, at any time, at our sole discretion, on Reasonable Notice if: (i) these Host Damage Protection Terms are construed to be an offer to insure or constitute insurance or an insurance contract or insurance service agreement by any governmental or regulatory authority in any jurisdiction; (ii) we are required to obtain an authorization, license or permit of any kind to continue to provide these Host Damage Protection Terms in any jurisdiction; or (iii) we determine or a court or arbitrator holds that the provisions of these Host Damage Protection Terms violate applicable law. If we modify or terminate these Host Damage Protection Terms in accordance with the foregoing, we will process all Host Damage Protection Payment Request Forms that you file prior to or as of the effective date of such modification or termination unless such processing is prohibited by law, regulation, ordinance, order, or decree of any governmental or other authority.

        11. Governing law, jurisdiction and dispute resolution

        11.1. These Host Damage Protection Terms will be interpreted in accordance with the governing laws and jurisdiction set out in:

        11.1.1. Section 23 of the Terms, if your country of residence or establishment is within the EEA, Switzerland or the United Kingdom;

        11.1.2. Sections 21 - 25 of the Terms, if your country of residence or establishment is outside of the EEA, Switzerland, Australia, and the United Kingdom; or

        11.1.3. Section 21 of the Terms, if your country of residence or establishment is in Australia, 


        and the dispute resolution processes set out in these sections of the Terms will apply to any dispute under these Host Damage Protection Terms.

        11.2. If you attempt to bring any legal claim against us in the United States, the arbitration agreement and class actions waiver in Section 12 apply to you. PLEASE READ THEM CAREFULLY.

        11.3. Please note that we are not committed or obliged to use an alternative dispute resolution entity to resolve disputes with consumers.

        12. United States Arbitration Agreement

        PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND AIRBNB AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER. This Arbitration Agreement supersedes all prior versions.

        12.1. Application. This Section 12 (the “Arbitration Agreement”) only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against us in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 12 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.

        12.2. Overview of Dispute Resolution Process. We are committed to participating in a consumer-friendly dispute resolution process. To that end, these Host Damage Protection Terms provide for a two-part process for individuals to whom this Section 12 applies: (1) an informal negotiation directly with us (described in Section 12.3 below), and if necessary (2) a binding arbitration in accordance with the terms of this Arbitration Agreement. You and we each retain the right to seek relief in small claims court as an alternative to arbitration. To the extent provided by applicable law, and except to the extent that any party to the arbitration seeks to enforce any final award in a court of competent jurisdiction, the arbitration proceedings and any information exchanged during the proceeding shall remain confidential.

        12.3. Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to a party initiating an arbitration, you and we each agree to send the other party an individualized notice of the dispute in writing (“Pre-Dispute Notice”) and attempt in good faith to negotiate an informal resolution of the individual claim. If you are bringing the dispute, you must send your Pre-Dispute Notice to us by mailing it to Airbnb’s agent for service: CSC Lawyers Incorporating Service, 2710 Gateway Oaks Drive, Suite 150N, Sacramento, California 95833. If we are bringing the dispute, we will send our Pre-Dispute Notice to the email address associated with your Airbnb account. A Pre-Dispute Notice must include: the date, your name, mailing address, your Airbnb username, the email address used to set up your Airbnb account, your signature, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written demand for arbitration with the arbitration provider designated pursuant to Section 12.6 below. A claimant’s Pre-Dispute Notice requirement is a prerequisite to any arbitration, and a copy of the Pre-Dispute Notice and evidence that it was sent as required by this Section 12 must be attached to any arbitration demand. In addition, you must make any demand for arbitration under the Arbitration Agreement before the expiration of the statute of limitations provided under the laws of the State of California. Otherwise, to the extent permitted by applicable law, you forever waive the right to pursue any claim or cause of action, of any kind or character, based on such events or facts, and such claims or causes of action are permanently barred.

        12.4. Agreement to Arbitrate; Delegation. You and we mutually agree that any dispute, claim or controversy arising out of or relating to these Host Damage Protection Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Airbnb Platform, Host Services, or any Content (collectively, “Disputes”) will be settled by binding arbitration on an individual basis. If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and we agree that the arbitrator will decide that issue. For the avoidance of doubt, you and we agree that any question regarding arbitrability and the formation, enforceability, validity, scope, or interpretation of all or part of this Section 12, including any dispute over compliance with the Pre-Dispute Notice requirement and a party’s responsibility to pay arbitration fees, shall be resolved exclusively by an arbitrator.

        12.5. Exceptions to Arbitration Agreement. You and we 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 21 of the Terms): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) 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); (iii) a request for the remedy of public injunctive relief; (iv) any claim or cause of action for vexatious litigation; or (v) any individual claim of sexual assault or sexual harassment arising from your use of the Airbnb Platform or Host Services. You and we agree that any request for 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.

        12.6. Arbitration Forum, Rules, and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this Arbitration Agreement, and not state law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with Rules 1, 6-7, 8-9, and 11-12, 45, 54, and 56 of the Federal Rules of Civil Procedure (“Selected Federal Rules”) (https://www.uscourts.gov/rules-policies/current-rules-practice-procedure/federal-rules-civil-procedure) and AAA’s Consumer Arbitration Rules then in effect (the “AAA Rules”), except as the Selected Federal Rules or AAA Rules are modified by or conflict with this Arbitration Agreement. The AAA Rules are available at https://www.adr.org. Immediately after submitting an arbitration demand to the appropriate arbitration provider as identified above, you must send a copy of the demand to Airbnb by mailing it to Airbnb’s agent for service: CSC Lawyers Incorporating Service, 2710 Gateway Oaks Drive, Suite 150N, Sacramento, California 95833. Airbnb does not agree to and will not accept service in any other format, on any other entity, or at any other physical address, via email or via other digital submission. If the AAA cannot and will not administer the arbitration, you and we shall confer and select an alternative arbitral forum, and if we are unable to agree, either you or we may ask a court to appoint an arbitrator pursuant to 9 U.S.C. § 5. In that event, the arbitration will be conducted in accordance with the rules of the appointed arbitral forum, unless those rules are inconsistent with the provisions of this Arbitration Agreement.

        12.7. Modification of Arbitration Rules - Arbitration Hearing/Location. In order to make the arbitration cost-effective, efficient, and convenient, any required arbitration hearing wherein the amount in controversy does not exceed $1,000,000 shall be conducted remotely via video conference except as otherwise agreed by the parties or instructed by the arbitrator. Any required arbitration hearing in an arbitration wherein the amount in controversy exceeds $1,000,000 shall be conducted in San Francisco County except as otherwise agreed by the parties or instructed by the arbitrator. If the amount in controversy is $50,000 or less, the parties agree to proceed solely on the submission of documents to the arbitrator, provided that the arbitrator has discretion to decide to hold a hearing in response to a reasonable and proportionate request from a party.

        12.8. Modification to Arbitration Rules - Arbitration Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the rules and service fee schedule of the arbitration provider administering the arbitration. The AAA Rules and AAA Services fee schedule are available at www.adr.org. If you have a gross monthly income of less than 300% of the federal poverty guidelines, you are entitled to a waiver of arbitration fees and costs, exclusive of arbitrator fees. You may request a fee waiver by providing the arbitration provider with a declaration under oath stating your monthly income and the number of persons in your household. If a fee waiver is granted by the arbitration provider and you provide us with documents necessary to prove that your gross monthly income is less than 300% of the federal poverty guidelines, we will pay your share of any arbitrator fees.

        12.9. Modification of Arbitration Rules - Claims Brought for an Improper Purpose or In Violation of This Arbitration Agreement. Either party may make a request that the arbitrator impose sanctions upon proving that the other party or its attorney(s) has asserted a 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, the arbitrator shall impose sanctions equal to the requesting party’s reasonable attorneys’ fees and costs upon finding that a claim or defense is groundless in fact or law, brought in bad faith or for the purpose of harassment, asserted in violation of Fed. R. Civ. P. 11(b) (treating the arbitrator as “the court”), or is otherwise frivolous. Either party may seek dismissal of any arbitration filed in violation of any provision of this Arbitration Agreement. Either party may assert in arbitration a counterclaim for the other party’s initiation of proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of this Arbitration Agreement. Upon finding that a party has initiated proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of this Arbitration Agreement, the arbitrator shall award the other party its actual damages, including but not limited to reasonable attorneys’ fees and costs.

        12.10. Arbitrator’s Decision. The arbitrator will issue a written decision which shall 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 any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

        12.11. Jury Trial Waiver. You and we acknowledge and agree that both parties are each waiving the right to a trial by jury as to all arbitrable Disputes.

        12.12. No Class Actions or Representative Proceedings. You and we 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 or consolidated proceeding. Unless we agree in writing or as provided in this agreement, 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 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 a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.

        12.13. Mass Action Waiver. You and we acknowledge and agree that the relative benefits and efficiencies of arbitration may be lost when 100 or more arbitration claims are filed within 180 days which (1) involve the same or similarly situated parties; (2) are based on the same or similar claims which arise from the same or substantially identical transactions, incidents, alleged violations or events requiring the determination of the same or substantially identical questions of law or fact; and (3) involve the same or coordinated counsel for the parties (“Mass Action”). Accordingly, you and we agree to waive the right to have any Dispute administered, arbitrated, or resolved as part of a Mass Action (though Sections 11.1 and 12.2 of these Host Damage Protection Terms will continue to apply to the Dispute). In case of a dispute, the appointed arbitrator for the first matter instituted within a set of claims identified by either party shall decide whether those claims are part of a Mass Action. If no arbitrator has yet been appointed, an arbitrator shall be appointed solely to determine whether claims identified by either party are part of a Mass Action. Nothing in this provision prevents you or us from participating in a mass settlement of claims.

        12.14. Modification of Arbitration Rules – Mass Action Batching Requirements. If for any reason, notwithstanding Section 12.13, an arbitration proceeds as part of a Mass Action, the parties shall group the arbitration demands into batches of no more than 200. The batches shall be determined by listing the claimants’ alphabetically (by last name or business name, as applicable)—for example, the first 200 claimants listed will be the first batch, the next 200 claimants listed will be the second batch, and so forth. The parties shall randomly assign each batch a sequential number and arbitrate the batches one at a time, in sequential order. One arbitrator shall be appointed for each batch and shall resolve each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a manner and/or place to be determined by the arbitrator, and one final award. While one batch is being arbitrated, the arbitration provider shall hold the remainder in abeyance unless otherwise agreed by the parties or instructed by the arbitration provider. Each batch shall be resolved within 240 days of the pre-hearing conference for that batch. Notwithstanding the foregoing, if any claimant’s demand has not been the subject of a pre-hearing conference within 2 years of the latest-filed demand in the Mass Action, such claimant may elect to pursue the claims asserted in the claimant’s demand in court subject to Sections 11.1 and Section 12.12 of these Host Damage Protection Terms.

        12.15. Modifications of Arbitration Rules - Offers of Judgment. At least 10 days before the date set for the arbitration hearing, you or we may serve a written offer of judgment on the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitration provider, who shall issue an award accordingly. If the offer is not accepted prior to the arbitration hearing or within thirty (30) days after it is made, whichever occurs first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration, other than with respect to costs (including all fees paid to the arbitration provider). If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs (including all fees paid to the arbitration provider) from the time of the offer.

        12.16. Severability. Except as provided in Section 12.12, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.

        12.17. Amendment to Agreement to Arbitrate. If we amend this Section 12 after the date you last accepted these Host Damage Protection Terms (or accepted any subsequent changes to these Host Damage Protection Terms), you may reject the change by sending us written notice no later than 30 days of the date the change is effective. Your notice must include your name, mailing address, the date of the notice, your Airbnb username, the email address you used to set up your Airbnb account, your signature, and an unequivocal statement that you want to opt out of the amended Section 12. You must either mail your notice to this address: 888 Brannan St, San Francisco, CA 94103, Attn: Arbitration Opt-Out or email the op-out notice to arbitration.opt.out@airbnb.com. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and us (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and us.

        12.18. Survival. Except as provided in Section 12.16 above and subject to Section 12.6 of the Terms, this Section 12 will survive any termination of these Host Damage Protection Terms and will continue to apply even if you stop using the Airbnb Platform or terminate your Airbnb account.

        13. Canada class action waiver

        If you reside or have your place of establishment in Canada, you and we acknowledge and agree that, to the fullest extent permitted by law, you and we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, or any other representative or consolidated proceeding, unless otherwise prohibited by law or with regards to residents of Québec.

        14. General provisions

        Host’s indemnification obligations

        14.1. You agree to release, defend, indemnify, and hold us and our affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any costs, claims, liabilities, damages, losses, fees, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with Host Damage Protection and these Host Damage Protection Terms.

        14.2. If you rent (rather than own) the Accommodation that you list as an Eligible Accommodation, Section 14.1 (or Section 1.3, as applicable) applies specifically to any dispute between you and the owner of the Accommodation. You are fully responsible for securing the lessor’s permission to list the Accommodation with us and complying with the scope of any permission granted.

        Entire agreement

        14.3. These Host Damage Protection Terms and the terms incorporated by reference, including the Terms and the Payment Terms, constitute the entire and exclusive understanding and agreement between us and you regarding Host Damage Protection and these Host Damage Protection Terms, and supersede and replace any and all prior oral or written understandings or agreements between us and you regarding Host Damage Protection.

        Assignment

        14.4. You may not assign or transfer these Host Damage Protection Terms, by operation of law or otherwise, without our prior written consent (not to be unreasonably withheld). Any attempt by you to assign or transfer these Host Damage Protection Terms, without such consent, will be null and of no effect. We may assign or transfer these Host Damage Protection Terms, at our sole discretion, without restriction and on Reasonable Notice to you. Subject to the foregoing, these Host Damage Protection Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

        Notices

        14.5. Unless specified otherwise, any notices or other communications to Members permitted or required under these Host Damage Protection Terms will be in writing and given by us via email, Airbnb Platform notification, or messaging service (including SMS and WeChat). For notices made to Members residing outside of Germany, the date of receipt will be deemed the date on which we transmit the notice. For Members residing in Germany, the date of receipt will be the date on which the Member receives the notice.

        Waiver and severability

        14.6. Our failure to enforce any right or provision of these Host Damage Protection Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our duly authorized representative.

        14.7. Except as expressly set forth in these Host Damage Protection Terms, the exercise by either party of any of its remedies under these Host Damage Protection Terms will be without prejudice to its other remedies under these Host Damage Protection Terms or otherwise.

        14.8. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Host Damage Protection Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Host Damage Protection Terms will remain in full force and effect.

        15. Defined terms

        15.1.Accommodation(s)” means accommodation(s) listed on the Airbnb Platform.

        15.2. Actual Cash Value” has the meaning set out in Section 7.2.

        15.3. Airbnb”, “we”, “our” or “us” means the Airbnb contracting entity specified in Schedule 1 of the Terms.

        15.4. Airbnb Platform” means the websites, applications, and other offerings from Airbnb.

        15.5. “Airbnb Stay” means the relevant Reservation of the Eligible Accommodation on the Airbnb Platform, as amended (by the Responsible Guest, you or us) and confirmed by us on the Airbnb Platform.

        15.6. “Booking Income Loss” has the meaning set out in Section 6.2.

        15.7. “Community Policies” means the Airbnb policies that apply to you as a Host setting out the expectations of Members of the Airbnb Community available here.

        15.8. “Community Standards” means the standards that apply to you as a Host and help ensure safe stays, experiences, and interactions available on the Airbnb Platform here.

        15.9. “Consumables” means consumable items typically provided by a Host and intended for the Guest’s and Invitee’s use during an Airbnb Stay and which the Host might reasonably anticipate would be used up, expended or replaced regularly, including but not limited to toiletries, paper products, lightbulbs, disposable batteries, coffee, tea, sugar, milk, and cleaning supplies.

        15.10. “Damage Report” has the meaning set out in the Terms.

        15.11. “EEA” means the European Economic Area which includes the European Union member states (Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden), Iceland, Liechtenstein and Norway.

        15.12. “Eligible Accommodation” means an Accommodation located in the Territory that can be used as a residence and that is (i) owned or legally controlled by you during the Airbnb Stay and (ii) listed by you on the Airbnb Platform and booked by such Responsible Guest in compliance with the Terms. A vehicle (including, but not limited to, automobiles) or a watercraft (including, but not limited to, boats, yachts and similar craft) booked through the Airbnb Platform constitutes an “Eligible Accommodation” only to the extent it is stationary and used solely for lodging purposes.

        15.13. “Eligible Losses” has the meaning set out in Section 6.3.

        15.14. “Eligible Motor Vehicle” means a self­-propelled vehicle owned by you, including cars, trucks, tractors, trailers, vans, sport utility vehicles, buses, campers, motor homes, motorcycles, golf carts, all-terrain vehicles, and other motor vehicles, and excludes large commercial vehicles such as heavy goods vehicles, tractor-trailers, or similar.

        15.15. “Eligible Property” has the meaning set out in Section 5.2

        15.16. “Eligible Watercraft” means watercraft owned by you, including boats, yachts, kayaks, and jet skis, and excludes any large commercial watercraft such as container ships, cruise liners, and similar.

        15.17. “Experiences” means an activity, excursion or event such as a tour, class, live performance, or outdoor activity that is designated as an experience on the Airbnb Platform.

        15.18. “Fine Arts and Valuables” means paintings; etchings; printed photos; pictures; tapestries; rare or art glass; art glass windows, valuable rugs; statuary; sculptures; antique furniture; antique jewelry; bric-a-brac; porcelains; coins (excluding circulating legal tender); other collectibles; stamps; furs; jewelry; watches; precious stones; precious metals; and similar property of rarity, historical value, or artistic merit. “Fine Arts and Valuables” does not include automobiles, watercraft, aircraft, money, or securities.

        15.19. “Guest” means Airbnb Platform users who search for, book, or use services offered by Hosts on the Airbnb Platform.

        15.20. “HDP Losses” has the meaning set out in Section 2.2.

        15.21. “HDP Request” means a request for reimbursement of HDP Losses submitted to us by a Host under these Host Damage Protection Terms.

        15.22. “Host” means Airbnb Platform users who publish and offer services to Guests on the Airbnb Platform.

        15.23. “Host Damage Protection” means the guarantee provided by us to Hosts for HDP Losses caused by Responsible Guests, their Invitees, or their pets subject to the Host Damage Protection Terms.

        15.24. “Host Damage Protection Payment Request Form” means our standard form that a Host uses to request payment from us pursuant to these Host Damage Protection Terms, as amended from time to time, accessible through the Resolution Center or by contacting our customer service directly.

        15.25. “Host Damage Protection Terms” (available at https://www.airbnb.com/help/article/2869) means this agreement between us and Hosts containing the terms and conditions governing the provision of our Host Damage Protection guarantee.

        15.26. “Household Linens” mean fabric household goods intended for daily use, such as sheets, pillowcases, duvets, comforters, tablecloths, towels, curtains, and similar. Household Linens do not include upholstery fabric, mattresses, or carpeting.

        15.27. “House Rules” mean a Host’s rules and restrictions relating to the use, access, or occupancy of the Host’s Eligible Accommodation as are identified in the applicable Listing at the time the Responsible Guest makes the Reservation.

        15.28. “Ineligible Losses” has the meaning set out in Section 6.4.

        15.29. “Ineligible Property” has the meaning set out in Section 5.3.

        15.30. “Invitee” means a person invited to be present at an Eligible Accommodation by a Responsible Guest. “Invitee” does not include anyone present at an Eligible Accommodation who: (i) has contracted through Airbnb to provide Host Services; and (ii) is invited to the Eligible Accommodation for the purpose of providing such Host Services.

        15.31. “Legitimate and Verifiable Evidence” has the meaning set out in Section 3.3.3.

        15.32. “Listing” means a Host’s offer of an Eligible Accommodation on the Airbnb Platform.

        15.33. “Party” means you or us and “Parties” means both you and us.

        15.34. “Payments Terms” means the Payments Terms of Service applicable to you, as specified on the Airbnb Platform.

        15.35. “Reasonable Notice” means enough notice that a reasonable person would recognize as acceptable under the circumstances, taking into account any legal, regulatory, practical and/or commercial requirements applicable.

        15.36. “Reservation” means a contract for the use of an Eligible Accommodation offered by a Host and booked by a Guest on the Airbnb Platform.

        15.37. “Resolution Center” means the Airbnb Resolution Center available on the Airbnb Platform here.

        15.38. “Responsible Guest” means the Guest who made a Reservation in respect of your Eligible Accommodation for the Airbnb Stay during which you incurred the Eligible Losses.

        15.39. “Services” has the meaning set out in the Terms.

        15.40. “Smoke Odor Cleaning Costs” has the meaning set out in Section 6.3.5.

        15.41. “Termination Date” has the meaning set out in Section 10.3.1.

        15.42. “Terms” means the Airbnb Terms of Service applicable to you, as specified on the Airbnb Platform.

        15.43. “Territory” means the countries where the Airbnb Platform allows Accommodations other than where noted in these Host Damage Protection Terms.

        15.44. “Unauthorized Invitees” means one or more Invitees of a Responsible Guest or one or more persons allowed by a Responsible Guest to be present at the Eligible Accommodation that exceed the number of additional Guests included in the Reservation unless permitted by the Host’s House Rules or otherwise approved by the Host before or during the course of the Airbnb Stay.

        15.45. "You” means you in your capacity as a Host, regardless of whether you are acting as a Host as an individual, a company or other legal entity.

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