Additional Terms of Service
Last Updated: September 23, 2016
Welcome to Airbnb’s Co-Host Service, a service available through Airbnb’s platform that allows Hosts to authorize other Members to help host their Airbnb Listings (“Co-Host”).
Your use of the Co-Host Service is subject to your acceptance of these Co-Host Additional Terms of Service (“Co-Host Terms”), which apply in addition to the Airbnb Terms of Service (“TOS”), Airbnb Payments Terms of Service (“Payments Terms”) and the Airbnb Privacy Policy (“Privacy Policy”), and are effective as of the date when you first invite a Host or Co-Host to participate in the Co-Host Service, accept such an invitation, or participate in or use any of the functionality of the Co-Host Service, whichever happens first.
You are contracting with the same Airbnb entities indicated in the TOS and Payments Terms. In the event of a conflict between one or more of the terms of the TOS, Payments Terms and these Co-Host Terms, the terms in this agreement will prevail unless explicitly stated otherwise.
Definitions
All capitalized terms not defined here have the meaning given to them in the TOS or Payments Terms.
“Co-Host” means a Member who has authority to administer the Host’s Listing on behalf of, and to bind (based on the services requested and agreed to by the Host), the Host with the Host’s explicit prior authorization via the Site, Application and Services.
“Primary Host” means the Host or Co-Host designated by the Host who will be represented as the Host on a Listing and will act as the primary point of contact with any Guests.
“Co-Host Marketplace” means a Co-Host service that allows certain Co-Hosts to create a public profile and offer hosting services in exchange for a fee.
Eligibility
The Eligibility terms outlined in the TOS apply. In addition, in order for a Co-Host to participate in the Co-Host Marketplace, that Co-Host must also satisfy the minimum performance standards detailed on the Co-host landing page.
As a Co-Host, you may only act in an individual capacity and not on behalf of a company or other organization, unless expressly authorized by Airbnb.
Airbnb reserves the right, in our sole discretion, to limit the number of Listings for which you may be a Co-Host and/or to require a separate agreement for certain categories of Co-Hosts.
Likewise, where you act as a Host, Airbnb reserves the right, in our sole discretion, to limit the number of Co-Hosts you may invite for each Listing.
Adding a Co-Host to your Listing
A Host can add a Co-Host to their Listing in the following ways:
- By inviting a Member to become a Co-Host for the Host’s Listing;
- By accepting a Co-Host’s invitation to participate in the Co-Host Service; or
- When participating in the Co-Host Marketplace, by agreeing to a Co-Host’s proposed services and fees.
Hosts should exercise due diligence and care when deciding who to add as a Co-Host. Hosts alone are responsible for choosing a Co-Host. Airbnb has no control over the conduct of Co-Hosts, or other users of the Services, and disclaims all liability arising from or related to any agreement entered into between Hosts and Co-Hosts, including the acts or omissions of any Co-Host, to the maximum extent permitted by law.
Co-Host Services
By adding a Co-Host to your Listing, the Co-Host agrees, and the Host authorizes the Co-Host: (i) to act on the Host’s behalf and (ii) to bind the Host and take certain actions permitted by the Host, which may include but are not limited to:
- Adjusting the Listing calendar as appropriate on an ongoing basis;
- Adjusting the Listing’s Accommodation Fee as appropriate on an ongoing basis;
- Accepting and declining Guest Booking requests for the Listing;
- Extending, shortening, or otherwise altering Guest Bookings as needed;
- Acting as the primary point of contact for Guests of the Listing and be represented as such on the Airbnb platform;
- With the Host’s authorization, creating additional Listings on behalf of the Host;
- Updating the Listing description, photos, and other Member Content of the Host as needed;
- Messaging with Guests of the Listing as needed;
- Checking in Guests of the Listing (key exchange, home orientation, and other services as needed);
- Checking out Guests of the Listing (key return, Listing inspection, guest assistance, and other services as needed);
- Assisting with issues that Guests may have with the Listing during their stay, including key loss, lockouts, emergency maintenance, and other services as needed;
- Liaising with Guests of the Listing on potential issues on the Airbnb Resolution Center;
- Reviewing Guests of the Listing;
- Replenishing necessities in Listing (such as linens, extra keys, toilet paper, trash bags, bath products, etc.)(All cost of supplies is separate, and shall be paid by Host unless otherwise agreed upon by Parties);
- Cleaning a Listing after Guest stays;
- Resolving disputes with Guests of the Listing; and
- Interacting with Airbnb, including Airbnb Customer Support.
Host and Co-Host acknowledge and agree that an agreement is formed between Host and Co-Host when you both agree on the services, terms, and any Co-Host Service Fees and/or One-Time Service Fees (each as defined below, and where applicable). The terms of this agreement include the terms set forth in these Co-Host Terms, the terms proposed and accepted by both the Host and the Co-Host on the Airbnb platform, and any other terms accepted by both the Host and Co-Host to the extent such terms do not conflict with these Co-Host Terms, TOS, Payments Terms or Privacy Policy, and do not expand Airbnb’s obligations or restrict Airbnb’s rights under these Co-Host Terms, TOS, Payments Terms or Privacy Policy.
You understand and agree that Airbnb is not a party to any agreement between the Host and the Co-Host, and the formation of an agreement will not, under any circumstance, create an employment or other service relationship between Airbnb and the Host or Co-Host.
Co-Host Service Fees
In certain circumstances, the Host may agree to pay the Co-Host a fee in consideration for the Co-Host Services provided by the Co-Host (the “Co-Host Service Fee”). When such an agreement is made, Host agrees to pay the Co-Host Service Fee for any confirmed booking of their Listing and authorizes Airbnb Payments to collect such fees as described in Section 13, Financial Terms, below.
In addition, Hosts may authorize the Co-Host to provide certain one-time services (“One-Time Services”) for their Listing, in exchange for an additional per-service fee (collectively, “One-Time Services Fees”). Such One-Time Services may include:
- Listing optimization (adding or updating Listing photos, description, house manual, and/or Guidebook, and other content as needed);
- Purchasing items or repairs for the Listing;
- Translating Listing content (Listing description, house manual, Guidebook, etc.); and
- Assist with new Listing content suggestions (provide content suggestions for an Accommodation that Host would like to add as a new Listing on the Airbnb platform).
When such an agreement is made, Host agrees to pay the One-Time Services Fee and both Host and Co-Host authorize Airbnb Payments to process such fees and any refund, if applicable through the Airbnb Resolution Center, as described in Section 13, Financial Terms, below.
Reporting
Host and Co-Host agree that each activity, booking, or other transaction posted on the Activity Log and Transaction History report on the Airbnb platform, including any Co-Host Services provided by Co-Host and any amounts due from Host to the Co-Host for the provision of such service, will be deemed accurate, correct and binding, unless challenged, by notifying the other person and Airbnb (by emailing host-exp@airbnb.com), within 21 days of posting of the disputed activity, booking or other transaction on the Activity Log and/or Transaction History report. It is the Host’s and Co-Host’s responsibility to promptly review the Activity Log and Transaction History report on the Airbnb platform upon receiving notice of a confirmed booking and after a completed Guest trip.
Working Together and User Conduct
Both Hosts and Co-Hosts agree to comply with applicable laws, statutes, regulations, ordinances or any order of a court. Also, you agree that you will not violate or infringe anyone else’s rights or cause harm to anyone.
As a Host you remain solely responsible and liable for any and all Listings and Member Content you create and post on the Airbnb platform, including any Listing created on behalf of and accepted by you. Accordingly, you represent and warrant that any Listing you create and post on the Airbnb platform, including any Listing created on behalf of and accepted by you, and the Accommodation in that Listing (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), Tax requirements, and rules and regulations that may apply to any Accommodation included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties.
Further, as a Host, you remain responsible and liable for your own acts and omissions, including, but not limited to, conduct that causes harm or damage to your Co-Host(s), that violates these Co-Host Terms, the TOS, Payments Terms or applicable laws.
As a Co-Host, you remain responsible and liable for your own acts and omissions when engaging in your roles and responsibilities as a Co-Host, including, but not limited to, conduct that causes harm or damage to the Host, that violates these Co-Host Terms, the TOS, Payments Terms or applicable laws.
In addition, both Host and Co-Host are jointly responsible and severally liable for third party claims, including Guest claims, arising from the acts and omissions of the other person as related to hosting activities, communications with Guests, and the provision of any services in accordance with these Co-Host Terms.
Without waiving any other rights or remedies we may have at law or in equity, Airbnb, in our sole discretion, may suspend, terminate or cancel a Host’s or Co-Host’s Listing(s) or Account(s) and/or suspend or disqualify you from the Co-Host Service, if it determines that any representation, warranty or agreement in this Section is false or untrue or has been breached.
User Conduct
In addition to those contained in the TOS, Co-Hosts and Hosts may not and agree to not:
- Violate the Co-Hosting Best Practices, available here.
- Use the Co-Host Service, Site, Application, Services or Collective Content to find a Host, Co-Host, or Guest and then agree to help host the Host’s Airbnb Listings or complete a booking of an Accommodation independent of the Co-Host Service, Site, Application or Services.
- Submit any Listing with false or misleading information, including price information, or submit any Listing with a price that you do not intend to honor.
- “Stalk" or harass any other Member of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other Member other than for purposes of transacting as an Airbnb Co-Host, Host, or Guest.
- Recruit or otherwise solicit any Host, Co-Host, or other Member to join third-party services or websites that are competitive to Airbnb, without Airbnb's prior written approval.
- Recruit or otherwise solicit any Host, Co-Host, or other Member to join third-party services or websites that violate these Co-Host Terms, or the TOS.
Disputes
Airbnb is not obligated to mediate disputes between Hosts and Co-Hosts. However, Airbnb reserves the right to conduct our own investigation and take appropriate action. In such case, both Hosts and Co-Hosts agree to cooperate with and assist Airbnb in good faith, and to provide Airbnb with such information and take such actions as may be reasonably requested by Airbnb in connections with any complaints or claims made by Members relating to activities, bookings, Listings, or any personal or other property located at a Listing or with respect to any investigation undertaken by Airbnb or a representative of Airbnb regarding use or abuse of the Co-Host Service, Site, Application, or the Services. If you are a Co-Host, upon Airbnb’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Host, at no cost to you, which process will be conducted by Airbnb or a third party selected by Airbnb or its insurer.
If you are a Co-Host, you understand and agree that Airbnb may make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused or been responsible for or to a Listing or any personal or other property located at a Listing. You agree to cooperate with and assist Airbnb in good faith, and to provide Airbnb with such information as may be reasonably requested by Airbnb, in order to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as Airbnb may reasonably request to assist Airbnb in accomplishing the foregoing.
Airbnb reserves the right to any remedy, including legal action and/or suspending or disqualifying you from the Co-Host Service or limiting, suspending, deactivating, or terminating your Airbnb Account, if, in our sole discretion, we determine that you have violated these Co-Host Terms, the TOS, Payments Terms or applicable laws, or where we deem it reasonably necessary to protect the safety or property of Members or Airbnb, for fraud prevention, risk assessment, security or investigation purposes.
Reviews
Please note that as a Co-Host, you will not be reviewed by Guests, meaning that a Co-Host’s activities will not affect the Co-Host’s reviews or ratings for other Listings for which they are a Host. For example, if a Co-Host is a Superhost for her own Listings, that status will not be affected by the Co-Host’s activities as a Co-Host. Instead, the Host of such Listing(s) will be reviewed by Guests (including potentially on the basis of the Co-Host’s behavior or communications) and will stand to gain or lose Superhost status on that basis.
Sharing Your Information
As a Host, by inviting a Member to become a Co-Host, you authorize the Co-Host to access your information, data, and Member Content, including Personal Information (as defined in our Privacy Policy), including but not limited to information about you and your Listing (including first and last name, phone number, listing address, email address). Your Co-Host will not have access to your Payout Method, Payout Method information, or tax information.
As a Co-Host, you likewise agree to share accurate information about you (including name, phone number, email address) with your Host when you accept that Host’s invitation.
Termination and Disputes between Hosts and Co-Hosts
A. Termination
Host may remove Co-Host from their Listing at any time. Likewise, Co-Host may remove themselves from the Host’s Listing at any time. In addition, both Host and Co-Host acknowledge that their co-hosting relationship will terminate in the event that Airbnb (a) terminates the Co-Host Service or (b) terminates either party’s participation in the Co-Host Service. For Co-Hosts participating in the Co-Host Marketplace, you will no longer be eligible to participate if you no longer meet the qualification standards.
B. Effect of Termination
Upon termination, the Host will remain responsible for all of the Co-Host’s actions prior to removal, including the responsibility to fulfill any pending or future bookings of the Host’s Listing(s) initiated prior to the Co-Host’s removal. When a Member is removed as a Co-Host, that Member will no longer have access to any Host or Guest information related to that Host’s Listing(s) or Account, and will no longer have any right to access the Host’s Listing, calendar, or messages with Guests related to the Host’s Listing.
In addition, if you have agreed to a Co-Host Service Fee and/or One-Time Service Fee:
- Host agrees to pay Co-Host for all Co-Host Services and One-Time Services completed prior to Co-Host’s termination (“Final Fee Payment”) within 14 days of Co-Host’s termination via the Resolution Center.
- Co-Host will not be entitled to any Co-Host Services Fee or One-time Services Fee for Co-Host Services or One-time Services that have not been completed prior to the Co-Host’s termination.
Taxes
The Tax sections of the TOS and Payments Terms (including the provisions relating to Taxes, Occupancy Tax Collection and Remittance, Opt-in to Host Remittance of Taxes, and Miscellaneous Occupancy Tax Provisions) remain unchanged and apply to the Co-Host Service.
In addition, as a Co-Host, you understand and agree that you are solely responsible for complying with any and all applicable tax obligations that may apply to your activities as a Co-Host, and for determining your applicable Tax reporting requirements. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Airbnb does not offer Tax-related advice.
No Endorsements
We do not endorse any Host or Co-Host or their services, communications, or other information, including those Co-Hosts participating in the Co-Host Marketplace. We cannot and do not guarantee the accuracy, quality, completeness, safety, suitability, or usefulness of any information you access through the Co-Host Service or of Hosts or Co-Hosts themselves. You are responsible for deciding whether or not to participate in the Co-Host Service, and you do so at your own risk. We are not responsible for any damage or harm resulting from your interactions with Hosts, Co-Hosts and/or Guests.
By using the Co-Host Service, the Site, Application, or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members, including Hosts, Co-Hosts, Guests, and/or other third parties, will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Airbnb with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any Co-Hosts Service activity, bookings, or Listing.
Indemnity
Whether you are a Host or Co-Host, you agree to release, defend, indemnify, and hold Airbnb and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your use of the Co-Host Service, your violation of these Co-Host Terms, your activities, your misrepresentations or breaches of any representation or agreement in these Co-Host Terms or the TOS, Payments Terms or your agreements with third parties, including Co-Hosts or authorized agents, or your violation of any rights of another person or entity.
Financial Terms
A. Financial Terms for Co-Hosts
In certain circumstances, Host may agree to pay Co-Host service fees (whether Co-Host Service Fees or One-Time Service Fees) in consideration for the provision of hosting services, and neither Airbnb nor Airbnb Payments are parties to that transaction. Notwithstanding, each Co-Host hereby agrees that Airbnb Payments, will be their payment collection agent solely for the limited purpose of accepting payments of Co-Host Service Fees and One-Time Services Fees from Hosts on their behalf.
Co-Host agrees that payment made by a Host through Airbnb Payments shall be considered the same as a payment made directly to the Co-Host, and the Co-Host will provide the agreed-upon Co-Host Services to the Host as if the Co-Host has received the service fee payment of the Co-Host Service Fees and/or One-Time Services Fees directly from the Host. Each Co-Host understands that Airbnb Payments’ obligation to pay the Co-Host is subject to and conditional upon successful receipt of the associated payments from the Host and/or the Host’s Guests. Airbnb Payments does not guarantee payments to Co-Hosts for amounts that have not been successfully received by Airbnb Payments from Hosts or the Host’s Guests. In accepting appointment as the limited payment collection agent of the Co-Host, Airbnb Payments assumes no liability for any acts or omissions of the Co-Host.
Airbnb Payments will initiate payment of Co-Host Service Fees to the Co-Host at the same time that Airbnb Payments initiates payment of the Accommodation Fees to the Host for the related booking pursuant to the Payments Terms. The time it takes for the Co-Host to receive payment once released by Airbnb Payments may depend upon the Payout Method chosen by the Co-Host. Some Payout Methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Host, including by deducting their charges from the payout amount.
If you owe or agree to pay any amount via Airbnb Payments to Airbnb (whether as a result of your bookings or actions as a Guest, Host, Co-Host or otherwise), then Airbnb Payments may (but is not obliged to) withhold the amount owing to Airbnb from any payout amounts due to you as a Co-Host, and use the withheld amount to setoff the amount owed by you to Airbnb. If Airbnb Payments does so, then your obligation to pay Airbnb will be extinguished to the extent of the amount withheld by Airbnb Payments, and Airbnb will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld. In addition to the amount due, if your account is delinquent or you otherwise have chargebacks on your account, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees, or other third party charges. You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided to Airbnb and/or Airbnb Payments by you. Such communication may be made by Airbnb, Airbnb Payments or by anyone on their behalf, including but not limited to a third party collection agent.
B. Financial Terms for Hosts
As a Host, you agree that Airbnb Payments may automatically deduct any Co-Host Service Fees you agreed upon with the Co-Host from your Accommodation Fee and pay that fee to the Co-Host at the same time Airbnb Payments initiates payment of your portion of the Accommodation Fee pursuant to the Payments Terms. You acknowledge and agree that, notwithstanding the fact that Airbnb Payments is not a party to the agreement between you and the Co-Host, Airbnb Payments acts as the Co-Host’s payment collection agent for the limited purpose of accepting payment of Co-Host Service Fees and/or One-Time Services Fees from you on behalf of the Co-Host. Upon deduction of the Co-Host Service Fees by Airbnb Payments from your payout or your payment of funds for One-Time Services Fees to Airbnb Payments, your payment obligation to the Co-Host for the Co-Host Service Fees or One-Time Services Fees (as the case may be) are extinguished, and Airbnb Payments is responsible for remitting the funds to Co-Host, in the manner described in these Co-Host Terms. In the event that Airbnb Payments does not remit any such amounts as described in these Co-Host Terms, such Co-Host will have recourse only against such Airbnb Payments entity.
C. Resolution Center Payments
Hosts may pay One-Time Service Fees to Co-Hosts through the Resolution Center, and both Hosts and Co-Hosts may issue refunds of such fees to their respective Co-Host(s) or Host(s) through the Resolution Center. Each Host and Co-Host agrees that Airbnb Payments may collect from you any such amounts paid through the Resolution Center in connection with your Airbnb Account by charging the designated Payment Method or any other Payment Method on file in your Airbnb Account, or by withholding the amount from your future payouts. Airbnb Payments will otherwise process such payments in accordance with the Payments Terms.
Please note that Airbnb Payments cannot control any fees that may be charged to a Host or Co-Host by his or her third-party payment service provider related to Airbnb Payments’ collection of payments through the Resolution Center, and Airbnb Payments disclaims all liability in this regard. Whatever Payment Method you use may be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review such terms and conditions before using your Payment Method.
D. General Financial Terms
Unless specified otherwise in these Co-Host Terms, Airbnb Payments will handle all payments from and payouts to Hosts and Co-Hosts in accordance with the Payments Terms.
In the event that a refund is due to a Guest, Airbnb will automatically deduct the amount of the refund, on a pro-rata basis, from the next payment due to each of the Host and the Co-Host.
Airbnb provides Hosts with information and reporting related to Co-Host Services provided through the Airbnb platform. These reports will be made available to Hosts and Co-Hosts on an ongoing basis and will be designed to document the services procured by the Host from the Co-Hosts well as the amounts due from the Host to the Co-Host for provision of such services.
For now, Airbnb is not charging service fees as part of the Co-Host Service. However, we may in the future start charging service fees as part of the Co-Host Service or as a condition of accessing certain features of the Co-Host Service, in our sole discretion.
Disclaimers
THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE CO-HOST SERVICE REMAINS WITH YOU.
IF YOU CHOOSE TO USE THE CO-HOST SERVICE, YOU DO SO AT YOUR SOLE RISK. THE CO-HOST SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AIRBNB EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE THAT YOU HAVE HAD WHATEVER OPPORTUNITY YOU DEEM NECESSARY TO INVESTIGATE THE CO-HOST SERVICE, THE CO-HOST AND/OR HOST, AND THE LAWS RULES OR REGULATIONS THAT MAY BE APPLICABLE TO THE CO-HOST SERVICE.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS THROUGH THE CO-HOST SERVICE. YOU UNDERSTAND THAT AIRBNB DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS, INCLUDING CO-HOST AND HOSTS, OR THE SERVICES, AND HAS NO OBLIGATION TO REVIEW ANY HOST, CO-HOST, OR LISTING. AIRBNB MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ITS MEMBERS, INCLUDING HOSTS AND CO-HOSTS.
Limitation of Liability
YOU AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO, USE OF, FAILURE TO USE OR INABILITY TO USE THE CO-HOST SERVICE REMAINS WITH YOU. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AIRBNB WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF, INABILITY TO USE OR FAILURE TO USE THE CO-HOST SERVICE, ANY COMMUNICATIONS, INTERACTIONS, ADVERSE PROCEEDINGS OR MEETINGS BETWEEN CO-HOST HOST AND/OR GUEST, OR THE ACTS OR OMISSIONS OF ANY HOST OR CO-HOST, 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.
Severability
If any provision in these terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.
Updates to these Terms
We can update these terms at any time without prior notice. If we modify these terms, we will post the modification on the Airbnb website, applications, or services, which are effective upon posting. By continuing to access or use the Co-Host Service after we have posted a modification, you are indicating that you agree to be bound by the updated terms. If the modified terms are not acceptable to you, your only recourse is to stop using the Co-Host Service. Airbnb reserves the right to change or discontinue the Co-Host Service at any time.
Controlling Law
If you are contracting with Airbnb Inc., these Co-Host Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict of law provisions.
If you are contracting with Airbnb Ireland, these Terms will be interpreted in accordance with Irish law. You and we agree to submit to the non-exclusive jurisdiction of the 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.