when you book a Listing in China with a Host who is not a resident of China, when you book a Host Service outside of India; or. Airbnb Payments may without restriction assign, transfer, or delegate this agreement and any rights and obligations, at its sole discretion, with thirty (30) days prior notice (or two (2) months prior notice for Members contracting with Airbnb Payments UK). The request must be filed with the CSSF in writing, by post or by fax to the CSSF or by email to the address/number available on the CSSF website, or online on the CSSF website. FIND YOUR UNCLAIMED PROPERTY NOW! Without limiting our rights specified below, Airbnb Payments may terminate this agreement for convenience at any time by giving you two (2) months prior notice. 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. 5.2 Payment Authorizations. You allow Airbnb Payments to charge your Payment Method (including charging more than one payment method), either directly or indirectly, for all fees due (including any applicable taxes) in connection with your Airbnb account, including Damage Claim amounts in accordance with the Terms and with Section 6. 11.1 Except as provided in Section 11.2, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Payment Services remains with you. 18.1.5 Communication. a detailed and chronological statement of the facts underlying the complaint and the steps already taken by you; a copy of the prior complaint made to Airbnb Payments Luxembourg; a copy of the answer to the prior complaint or the confirmation that you did not receive an answer one month after you sent your prior complaint; the statement that you did not refer the matter to a court, an arbitrator or another out-of-court complaint resolution body in Luxembourg or abroad; your agreement with the request handling conditions of the CSSF as body responsible for the out-of-court resolution of your complaint; your express authorization so that the CSSF can transmit its request (including the attachments) as well as any future correspondence or information to Airbnb Payments Luxembourg; in the case where a person acts on your behalf, a document showing that the person is legally entitled to act so; and. The arbitration proceedings shall be conducted in English. You authorize Airbnb Payments and its payment service providers to collect and store your Payment Method information. 19.4 You acknowledge and agree that, to the maximum extent permitted by applicable law, the entire risk arising out of your access to and use of any Payment Services provided by local third-party payment service providers shall remain with you, or be allocated according to the terms of the separate service agreements you enter with such third-party payment service providers regarding the provision of such Payment Services. If your country of residence is in the EEA, the indemnification obligation according to this Section 12 only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation. 3.2 Valid Payout Method. At no point in time is Airbnb Payments holding the funds on behalf of the Guest or providing the Guest a payment service. 2.11.1.2 If you choose a Payment Plan, the Airbnb Platform will notify you during check out of the amount, currency and schedule of each payment due. 17.2.1 If you as a Host believe that a Payout properly due to you has been or may be diverted without your permission (Diverted Payout) because your password or other credentials to log into your Airbnb account (Credentials) are lost or stolen, you should notify Airbnb Payments UK pursuant to Section 21 immediately. Airbnb Payments will send its notice of dispute to the email address associated with your Airbnb account. Essential contractual obligations are such duties of Airbnb Payments in whose proper fulfillment you regularly trust and must trust for the proper execution of the contract. This agreement between you and Airbnb Payments reflected by these Payment Terms is effective when you create an Airbnb account or use the Payment Services and remains in effect until either you or we terminate this agreement in accordance with Section 13.3. We may require you to provide additional information or documentation demonstrating your Representatives authority. Additional Clauses for Users Contracting with Airbnb Payments UK. Unless your country of residence is in the EEA, Sections 5 through 20 of these Payments Terms shall survive any termination or expiration of this agreement. The payment collection service constitutes a payment service regulated under the Payment Services Regulations and for these purposes Airbnb Payments UK treats Hosts as the payment service user., 17.1.2 By agreeing to these Payments Terms you as a Host have consented to Airbnb Payments UKs payment of each Payout to your chosen Payout Method. The information Airbnb Payments requires for a valid Payout Method may change, and Airbnb Payments may request additional information at any time; failing to provide requested information may result in Airbnb Payments temporarily placing a hold, suspending, or canceling any Payout until the information is provided and, if necessary, validated. 18.2.1 If you as a Host believe that a Payout is a Diverted Payout because your Credentials are lost or stolen or in case of an unauthorized, incorrectly initiated or incorrectly executed payment transaction, you should notify Airbnb Payments Luxembourg pursuant to Section 20 immediately. 5.4.1 Airbnb Payments will take the necessary steps to rectify any payment processing errors that we become aware of. when you book a Host Service, in which case you are contracting with Airbnb Payments Australia Pty. Start your search Location. 2.7 Booking Request Status. Providing requested information is required for a Payout Method to be valid. Airbnb Payments shall not be liable for any delay or failure to fulfill any obligation under these Payments Terms resulting from causes outside the reasonable control of Airbnb or Airbnb Payments, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials (Force Majeure Event). 13.3 Termination. Airbnb Payments may charge fees for use of certain Payment Services and any applicable fees will be disclosed to you in the Terms or via the Airbnb Platform. 5.5.2 Subject to this Section 5.5.2, Airbnb Payments will initiate the refundprocess immediately. 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. The European Commissions online dispute resolution platform is not available for residents of Switzerland or the United Kingdom. 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. The recipients of the data are located in the United States, the United Kingdom, Ireland, India, Luxembourg, Netherlands, Germany and Spain, as well as other countries in Europe, Asia Pacific and North and South America. 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. Airbnb Payments may temporarily limit or suspend your access to or use of the Payment Services, or its features, to carry out maintenance measures that ensure the proper functioning of the Payment Services. Specifically, you authorize Airbnb Payments to collect from you: If you owe an amount at any time after a booking, such as with Payment Plan or Recurring Payment charges, Booking Modifications, resolution center payments, or Damage Claims (Additional Amounts), you authorize Airbnb Payments to collect payments for such Additional Amounts by charging your Payment Method associated with the relevant booking without any further action on your part. 20.2 You and your Representative individually affirm that you are authorized to provide the information described in Section 2.1 and Section 3.2 and your Representative has the authority to bind you to these Payments Terms. You and Airbnb Payments acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes. If Airbnb wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. 19. Terminating this agreement will also serve as notice to cancel your Airbnb account pursuant to the Terms. 2.2 Payment Method Verification. 3.3.2 Airbnb Payments may offer you a different Payout time or trigger for payment, which may be subject to additional terms and conditions. Any such limitations will be communicated via the Airbnb Platform, and you will be prompted to select a different currency or Payout Method. Payment Services will be provided by the contracting entity based on your country of residence subject to any exceptions described below: If you change your country of residence, the Airbnb company you contract with and the applicable version of the Payment Terms will be determined by your new country of residence from the date on which your country of residence changes. The arbitration will be administered by the arbitratorin accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the AAA Rules) then in effect, except as modified here. 3.7 Limits on Payouts. For example, if you make a booking using a U.S. issued card, but select Euro as your currency, your payment may be processed outside the U.S., and banks and credit card companies may impose international transaction fees and foreign exchange fees. Unless we can prove that the payment was received by you via your chosen Payout Method, we will refund the amount. The time it takes to receiveany cash refund or for any pre-authorization of your Payment Method to be released will vary basedon the Payment Method and any applicable payment system (e.g., Visa, Mastercard, etc.) Except for our obligations to pay amounts to applicable Hosts pursuant to these Payments Terms or an approved payment request under the Host Damage Protectionor Japan Host Insurance, in no event will Airbnb Payments aggregate liability arising out of or in connection with these Payments Terms and your use of the Payment Services including, but not limited to, from your use of or inability to use the Payment Services, exceed (i) the amounts you have paid or owe for bookings via the Airbnb Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by Airbnb Payments to you in the twelve (12) month period prior to the event giving rise to the liability, or (ii) one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. 18.4 You authorize Airbnb Brazil, directly or through third parties, to make any inquiries we consider necessary to verify your identity. Additional Clauses for Users Contracting with Airbnb China. 2.5 Timing of Payment. These service providers may charge you additional fees when processing Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and Airbnb Payments is not responsible for any such fees and disclaims all liability in this regard. The unclaimed funds held by the state are often from bank accounts, insurance policies, or your state government. 2.5 Timing of Payment. Any amount not collected for any reason will be subject to any remedies that may be available, including, but not limited to, referral to a collections agency, or pursuit of available causes of action or claims against you. In certain instances, the refund process may include the option to receive credit in lieu of a cash refund; if this option is made available to you, the timing of your refund will be communicated via the Airbnb Platform. Furthermore, Airbnb Payments may temporarily place a hold on, suspend, or delay initiating or processing any Payout due to you under the Terms as a result of high volume Booking cancellations or modifications arising from a Force Majeure Event (as defined below). 17.1.3 Airbnb Payments UK will endeavor to ensure that Hosts based in the UK will receive each Payout by the end of the business day following Airbnb Payments UKs initiation of the Payout. Additional Clauses for Users Contracting with Airbnb Brazil. Sections 5 through 20 of these Payments Terms shall survive any termination or expiration of this agreement. The data to be transferred or made available includes also for any person its contact details such as phone numbers and e-mail addresses as well as financial data and usage data in relation to our services (including payment method, payout method, payment transaction). 2.6 Currency. Hosts may change a Payout Method up to one (1) day before the time agreed for the Payout as set out in Section 3.3. Search Unclaimed Properties Check the Status of a Claim Upload Claim Documentation. 14.5 If you are contracting with Airbnb Payments Australia, these Payments Terms will be governed by the laws of the State of New South Wales, Australia. Airbnb Payments reserves the right to terminate, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information. Airbnb Payments generally collects the Total Price of a booking at the time the Guests booking request is accepted by the Host, unless noted otherwise. As a consumer, you may bring any judicial proceedings relating to these Payments Terms before the competent court of your place of residence or a court in England. Simply go to MissingMoney.com and type in your name to do a. Airbnb Payments is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you. The following paragraphs also apply if you are using the Payment Services as a representative (Representative) acting on behalf a business, company or other legal entity (in such event, for purposes of the Payments Terms, you and your will refer and apply to that business, company or other legal entity). 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. Legal proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 15 must be brought in state or federal court in San Francisco, California, unless we both agree to some other location. 20.6 If you handle, store or otherwise process payment card information on behalf of anyone or any third-party, you agree to comply on an ongoing basis with applicable data privacy and security requirements under the current Payment Card Industry Data Security Standard with regards to the use, access, and storage of such credit card information. Airbnb Payments will notify you in writing before any Additional Amounts are charged. Airbnb Payments will provide the Host notice via email when we initiate each Payout. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Luxembourg courts. 2.3 Payment Authorization. 16.2 No Waiver. Discover your dream home among our modern houses, penthouses and. If you have any questions regarding your Recurring Payments, please contact Airbnb Payments. For additional information, including tools to help you assess your compliance, see https://www.visa.com/cisp and https://www.mastercard.com/sdp. The AAA Rules are available at www.adr.org. If less than the total available balance of your Booking Credit is applied to a booking, the unused balance will remain in your Airbnb account. Unless we can prove that the payment was received by you via your chosen Payout Method, we will refund the amount. Treasury receives hundreds of millions of dollars in unclaimed property every year. If you owe an amount at any time after a booking, such as with Payment Plan or Recurring Payment charges, Booking Modifications, resolution center payments or Damage Claims (Additional Amounts), you hereby authorize and grant Airbnb Payments a mandate to collect payments for such Additional Amounts by charging your Payment Method associated with the relevant booking without any further action on your part. If a requested booking is declined because it is not accepted by the Host, you cancel the booking request before it is accepted by the Host, or Airbnb cancels the booking,any amounts collected by Airbnb Payments and due to you pursuant to the policies described in Section 5.5,will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable)in accordance with Section 5.5.2. Each party shall bear its own costs in relation to the arbitration. when you create a Listing outside of India, if you accept a booking from a Guest who is a resident of India, regardless of your country of residence, you are contracting with Airbnb Payments India; and. 2.1 Adding a Payment Method. You may authorize a third party to use your Airbnb account if the feature is enabled for your Airbnb account. We will also provide notice to a Hosts registered email address if the Payout is returned to us because of an error. Unclaimed Property (Claims) Upload your completed claim via the "Claimant Login/Upload Forms" button or send it via postal mail to: Treasury - Unclaimed Property P.O. Arrive et ouverture des portes en toute autonomie en suivant les instructions d'accs. Airbnb Payments may enable features that allow you to authorize other Members or third parties to take certain actions that affect your Airbnb account. 1.2 Third Party Services. You and we both consent to venue and personal jurisdiction in San Francisco, California. The property is listed at 36 million yen, about $272,000. In case of (i) non-material changes to these Payments Terms which do not affect its essential provisions, in particular, provisions defining the nature and scope of the Payment Services provided by Airbnb Payments or (ii) changes that are required by law, a legally binding court decision or binding order of a competent authority, your continued use of the Payment Services after the effective date of the proposed changes will constitute acceptance of the revised Payments Terms.
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