Additional Terms of Service for the Airbnb Friendly Buildings Programme
Dated: December 16, 2015
Your use of Airbnb’s Site, Application and Services to publish a listing in a building participating in the Airbnb Friendly Buildings beta program (as defined below) is subject to your acceptance of these additional terms of service (“Airbnb Friendly Buildings aTOS”), which amend the Airbnb Terms of Service (the “TOS”) and are effective as of the date when you first publish a listing in a participating building on our Site, Application or Services. This Airbnb Friendly Buildings aTOS amends the TOS as set forth below. You are contracting with the same Airbnb entities indicated in the TOS. All terms not defined here have the meaning given to them in the TOS.
What is the Airbnb Friendly Buildings Beta Program?
Airbnb Friendly Buildings is a new beta program through which select landlords have made their building(s) home-share friendly for Eligible Tenants who want to host on Airbnb. This means that your Landlord will give you their express support and collaboration for you to host on Airbnb as long as you agree to and comply with your Landlord’s rules (i.e., their Building Rules and the terms of your Landlord’s home-share lease addendum), give them a Revenue Share (as defined below), and agree to these Airbnb Friendly Buildings aTOS.
The “Key Terms” section of the TOS is amended as follows:
“Eligible Tenant” means a tenant who agrees to and complies with their Landlord’s Building Rules, home-share lease addendum, these Airbnb Friendly Buildings aTOS, and gives their Landlord a Revenue Share.
“Landlord” means the owner(s) of an Accommodation and/or their agent (such as a property management company) who has the authority to act on behalf of, and to bind the owner(s) of an Accommodation.
“Participating Building” means a building enrolled in the Airbnb Friendly Buildings program by its Landlord, who makes units in the building eligible to be Listed as Accommodations on Airbnb by Eligible Tenants.
“Participating Listing” means a Listing in a Participating Building that Eligible Tenants enroll in the Airbnb Friendly Buildings program by agreeing to participate.
“Non-Participating Listing” means a Listing in a Participating Building that you choose not to enroll in the Airbnb Friendly Buildings program by declining to participate.
“Revenue Share” means the percentage of the Accommodation Fee that you and your Landlord agree you will share with your Landlord in exchange for their collaboration in the Airbnb Friendly Buildings program.
Airbnb Friendly Buildings is currently in beta testing mode and is only available to select Members who are Eligible Tenants in Participating Buildings in select cities.
You agree to your Landlord’s Building Rules and to make sure your guests also respect your Landlord’s Building Rules.
Revenue Share with your Landlord
By agreeing to participate in Airbnb Friendly Buildings, you agree to the Revenue Share amounts from your Landlord, which are displayed when you enroll in the Airbnb Friendly Buildings program. By agreeing to participate in Airbnb Friendly Buildings, you instruct Airbnb to transfer to your Landlord the Revenue Share for each of your future payouts for bookings in a Participating Listing. For example, if you agree to a Landlord request for 10% Revenue Share, this means you authorize Airbnb to transfer directly to your Landlord 10% of the Accommodation Fee paid to you by the Guest; your payout would be for the remaining 90% of the Accommodation Fee (minus Airbnb's Host Fees and any Taxes in respect of the Host Fees, such as VAT in Europe).
When Hosts and Landlords make or accept a Revenue Share arrangement through Airbnb Friendly Buildings, they are contracting only with each other, and Airbnb is not a party to that transaction. Hosts agree, however, that Airbnb will be their payment collection agent as described in the TOS and, additionally, for the limited purpose of transferring this Revenue Share to your Landlord on your behalf.
Sharing Information with your Landlord about your Activities as a HostFuture Activities
By agreeing to participate in the Airbnb Friendly Buildings program, you give Airbnb permission to disclose to your Landlord information about your activities as a Host in a Participating Listing. For example, starting on the date when you enroll in the Airbnb Friendly Buildings program, your Landlord can receive basic information about your activities as a Host in a Participating Listing, such as your name, information about your Participating Listing, when you host, and how much you earn. This information helps your Landlord understand how the program is working, and account for their Revenue Share.Past Activities
If you disagree with the Airbnb Friendly Buildings program terms, we encourage you to speak to your Landlord and attempt to come to an agreement with them before you list, or continue to list, in a Participating Building. Your Landlord has taken the position that you would be violating your lease if you persist in listing in a Participating Building without agreeing to these Airbnb Friendly Buildings aTOS and the Airbnb Friendly Buildings program terms. If you list in violation of your lease, you would also be in breach of our TOS.
While we hope that the Airbnb Friendly Buildings program will be mutually beneficial to Hosts and their Landlords, we do not endorse any Host, Landlord, Building or Revenue Share arrangement. We can’t guarantee or control that Airbnb Friendly Buildings program will meet your needs or that your Landlord will choose to keep the Participating Building in the program, will allow or continue to allow you to participate in the program in the future. The decision whether to list in a Participating Building or participate in Airbnb Friendly Buildings is yours alone, and is at your sole risk.
IF YOU CHOOSE TO USE THE AIRBNB FRIENDLY BUILDINGS PROGRAM, YOU DO SO AT YOUR SOLE RISK. AIRBNB FRIENDLY BUILDINGS IS A BETA PROGRAM PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AIRBNB EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. AIRBNB MAKES NO WARRANTY THAT AIRBNB FRIENDLY BUILDINGS, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACCOMMODATIONS YOU POST WILL MEET YOUR LANDLORD’S REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
WHILE LANDLORDS WHO PARTICIPATE IN THE AIRBNB FRIENDLY BUILDINGS PROGRAM HAVE TOLD AIRBNB THAT THEY AGREE NOT TO EVICT ELIGIBLE TENANTS SOLELY BECAUSE OF THEIR ACTIVITY AS HOSTS OF PARTICIPATING LISTINGS, THEY DO RETAIN THE ABILITY TO DO SO IF YOUR AIRBNB RELATED ACTIVITIES CREATE AN UNSAFE OR DISRUPTIVE ENVIRONMENT OR IF YOU DO NOT COMPLY WITH ANY APPLICABLE BUILDING RULES OR YOUR LEASE ADDENDUM. AIRBNB CANNOT AND DOES NOT MAKE ANY WARRANTIES OF ANY KIND THAT YOUR LANDLORD WILL NOT EVICT YOU.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AIRBNB, YOUR LANDLORD OR THROUGH THE AIRBNB FRIENDLY BUILDINGS PROGRAM WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH YOUR LANDLORD AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE AIRBNB FRIENDLY BUILDINGS PROGRAM, INCLUDING, BUT NOT LIMITED TO, ANY OTHER HOSTS, NEIGHBORS, BUILDING STAFF, OR GUESTS. YOU UNDERSTAND THAT AIRBNB DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF YOUR LANDLORD OR TO REVIEW OR VISIT ANY ACCOMMODATIONS OR PARTICIPATING BUILDINGS. AIRBNB MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF YOUR LANDLORD AND USERS OF THE AIRBNB FRIENDLY BUILDINGS PROGRAM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE AIRBNB FRIENDLY BUILDINGS PROGRAM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH YOUR LANDLORD, NEIGHBORS, AND OTHER USERS OF THE AIRBNB FRIENDLY BUILDINGS PROGRAM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE AIRBNB FRIENDLY BUILDINGS PROGRAM, INCLUDING, BUT NOT LIMITED TO, LANDLORDS, GUESTS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY AIRBNB. NOTWITHSTANDING AIRBNB'S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE HOSTS, AIRBNB EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY LANDLORD, GUEST OR OTHER THIRD PARTY.
Limitation of Liability
YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO, USE OF, FAILURE TO USE OR INABILITY TO USE THE AIRBNB FRIENDLY BUILDINGS PROGRAM REMAINS WITH YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AIRBNB WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER OR MOBILE DEVICE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR COSTS AND DAMAGES ARISING FROM AN EVICTION, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF, INABILITY TO USE OR FAILURE TO USE THE AIRBNB FRIENDLY BUILDINGS PROGRAM, ANY COMMUNICATIONS, INTERACTIONS, ADVERSE PROCEEDINGS OR MEETINGS WITH YOUR LANDLORD AS A RESULT OF YOUR USE, INABILITY TO USE OR FAILURE TO USE THE AIRBNB FRIENDLY BUILDINGS PROGRAM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AIRBNB 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.
You further agree to indemnify and hold harmless Airbnb, and its subsidiaries, affiliates, officers, agents or other partners, and employees from any claim, demand, cause of action, debt, obligation, including reasonable attorneys’ fees, made by any third party due to or arising or relating to any of your misrepresentations or breaches of any representation or agreement in the TOS or these Airbnb Friendly Buildings aTOS or your agreements with third parties, including your Landlord, your violation of the TOS or Airbnb Friendly Buildings aTOS or of your violation of any rights of another person or entity.
We reserve the right, in our sole discretion, to amend or modify this Airbnb Friendly Buildings aTOS at any time with or without prior notice. If we modify this Airbnb Friendly Buildings aTOS, we may give you notice by either posting the modification on the Site or via the Application, or otherwise provide you with written notice of the modification. We will also update the date at the top of this Airbnb Friendly Buildings aTOS. By continuing to access or use the Site, Application or Services after we have posted or otherwise notified you of a modification to this Airbnb Friendly Buildings aTOS, you are indicating that you agree to be bound by the modified Airbnb Friendly Buildings aTOS. If the modified Airbnb Friendly Buildings aTOS is not acceptable to you, your only recourse is to cease using the Airbnb Friendly Buildings program.
1. This Airbnb Friendly Buildings aTOS embodies the entire agreement between you and Airbnb with respect to the subject matter of this Airbnb Friendly Buildings aTOS. In the event of any conflict or inconsistency between the provisions of the TOS and this Airbnb Friendly Buildings aTOS, the provisions of this Airbnb Friendly Buildings aTOS shall control and govern to the extent they related to the Airbnb Friendly Buildings Program.
2. Except as specifically modified and amended herein, all of the terms, conditions, provisions, requirements and specifications contained in the TOS remain in full force and effect. Except as otherwise expressly provided herein, the parties do not intend to, and the execution of this Airbnb Friendly Buildings aTOS shall not, in any manner impair the TOS, the purpose of this Airbnb Friendly Buildings aTOS being simply to amend and ratify the TOS, as hereby amended and ratified, and to confirm and carry forward the TOS, as hereby amended, in full force and effect.
3. If any provision of this Airbnb Friendly Buildings aTOS or of any document incorporated by reference is found by a court of competent jurisdiction to be invalid, the Parties nevertheless agree that the court should endeavor to give effect to the Parties’ intentions as reflected in the provision and the other provisions of the TOS, the Airbnb Friendly Buildings aTOS or of any document incorporated by reference shall remain in full force and effect.
4. If you are a resident of the U.S.A., the TOS, which applies to your rights and obligations under this Airbnb Friendly Buildings aTOS, shall be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict of law principles. You and Airbnb agree to submit to the exclusive jurisdiction of a court located in the City and County of San Francisco or the United States District Court for the Northern District of California for any actions for which the Parties retain the right to seek injunctive or equitable relief as set forth in the section labeled Dispute Resolution in the TOS. If you reside outside the U.S.A., the TOS and this Airbnb Friendly Buildings aTOS shall be interpreted in accordance with Irish law. You and Airbnb agree to submit to the non-exclusive jurisdiction of Irish courts for resolving any dispute between the parties. If Airbnb wishes to enforce any of its rights against you, we may elect to do so in the Irish courts or in the courts of the jurisdiction in which you are resident.