Guest Refund Policy

Last Updated: June 19, 2017

These terms and conditions govern Airbnb’s policy for guest refunds (“Guest Refund Policy”) and the obligations of the host associated with the Guest Refund Policy. The Guest Refund Policy applies in addition to Airbnb’s Terms of Service (“Airbnb Terms”). The Guest Refund Policy is available to guests who book and pay for an accommodation through the Airbnb platform and suffer a travel issue (as defined below). The guest’s rights under this Guest Refund Policy will supersede the host’s cancellation policy.

All capitalized terms shall have the meaning set forth in the Airbnb Terms or Payments Terms unless otherwise defined in this Guest Refund Policy.

By using the Airbnb platform as a host or guest, you are indicating that you have read and that you understand and agree to be bound by this Guest Refund Policy.

1. Travel Issue

A “Travel Issue” means any one of the following:

(a) The host of the accommodation (i) cancels a booking shortly before the scheduled start of the booking, or (ii) fails to provide the guest with the reasonable ability to access the accommodation (e.g., does not provide the keys and/or a security code).

(b) The listing’s description or depiction of the accommodation is materially inaccurate with respect to:

• The size of the accommodation (e.g., number and size of the bedroom, bathroom and/or kitchen or other rooms),
• Whether the booking for the accommodation is for an entire home, private room, or shared room, and whether another party, including the host, is staying at the accommodation during the booking,
• Special amenities or features represented in the listing are not provided or do not function, such as decks, pools, hot tubs, bathrooms (toilet/shower/bathtub), kitchen (sink/stove/refrigerator or major other appliances), and electrical, heating or air condition systems, or
• The physical location of the accommodation (proximity).

(c) At the start of the guest’s booking, the accommodation:

• Is not generally clean and sanitary
• Contains safety or health hazards that would be reasonably expected to adversely affect the guest’s stay at the accommodation in Airbnb’s judgment
• Does not contain clean bedding and bathroom towels available for the guest’s use
• Has vermin or contains pets not disclosed in the listing

2. The Guest Refund Policy

If you are a guest and suffer a Travel Issue, we agree, at our discretion, to either (i) reimburse you up to the amount paid by you through the Airbnb platform (“Total Fees”) depending on the nature of the Travel Issue suffered, or (ii) use our reasonable efforts to find and book you another accommodation for any unused nights left in your booking which is reasonably comparable to the accommodation described in your original booking in terms of size, rooms, features, and quality. All determinations of Airbnb with respect to the Guest Refund Policy, including without limitation the size of any refund and the comparability of alternate accommodations, shall be in Airbnb’s discretion, and final and binding on the guests and hosts.

3. Conditions to Claim a Travel Issue

To submit a valid claim for a Travel Issue and receive the benefits with respect to your booking, you are required to meet each of the following conditions:

• You must be the guest that booked the accommodation;
• You must bring the Travel Issue to our attention in writing or via telephone and provide us with information (including photographs or other evidence) about the accommodation and the circumstances of the Travel Issue within 24 hours after the later of (i) the start of your booking or (ii) you discover the existence of the Travel Issue, and must respond to any requests by us for additional information or cooperation on the Travel Issue;
• You must not have directly or indirectly caused the Travel Issue (through your action, omission, or negligence); and
• Unless Airbnb advises you that the Travel Issue cannot be remediated, you must have used reasonable efforts to try to remedy the circumstances of the Travel Issue with the host prior to making a claim for a Travel Issue.

4. Minimum Quality Standards, Host Responsibilities and Reimbursement to Guest

4.1 If you are a host, you are responsible for ensuring that the accommodations you list on the Airbnb platform meet minimum quality standards regarding access, adequacy of the listing description, safety, cleanliness, and do not present a guest with Travel Issues. During a guest’s stay at an accommodation, hosts should be available, or make a third-party available, in order to try, in good faith, to resolve any guest issues.

4.2 If you are a host, and if (i) Airbnb determines that a guest has suffered a Travel Issue related to an accommodation listed by you and (ii) Airbnb either reimburses that guest (up to their Total Fees) or provides an alternative accommodation to the guest, you agree to reimburse Airbnb up to the amount paid by Airbnb within 30 days of Airbnb’s request. If the guest is relocated to an alternative accommodation, you also agree to reimburse Airbnb for reasonable additional costs incurred to relocate the guest. You authorize Airbnb Payments to collect any amounts owed to Airbnb by reducing your Payout or as otherwise permitted pursuant to the Payments Terms.

4.3 As a host, you understand that the rights of guests under this Guest Refund Policy will supersede your selected cancellation policy. If you dispute the Travel Issue, you may notify us in writing or via telephone and provide us with information (including photographs or other evidence) disputing the claims regarding the Travel Issue, provided you must have used reasonable and good faith efforts to try to remedy the Travel Issue with the guest prior to disputing the Travel Issue claim.

5. General Provisions

5.1 No Assignment/No Insurance
This Guest Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the guest, and the guest has not paid any premium in respect of the Guest Refund Policy. The benefits provided under this Guest Refund Policy are not assignable or transferable by you.

5.2 Modification or Termination
Airbnb reserves the right to modify or terminate this Guest Refund Policy, at any time, in its sole discretion. If Airbnb modifies this Guest Refund Policy, we will post the modification on the Airbnb platform or provide you with notice of the modification and Airbnb will continue to process all claims for Travel Issues made prior to the effective date of the modification.

5.3 Entire Agreement
This Guest Refund Policy constitutes the entire and exclusive understanding and agreement between Airbnb and you regarding the Guest Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between Airbnb and you regarding the Guest Refund Policy.

6. Contacting Airbnb
If you have any questions about the Guest Refund Policy, please email us.

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Airbnb Experiences: Guest Release and Waiver

Last Updated: March 8, 2019

If you reside within a country of the European Economic Area (EEA), Brazil, Mexico, Argentina or Australia, this Guest Release and Waiver does not apply to you.

In order to participate in an Experience, your Host(s) require(s) you to accept this Guest Release and Waiver, which is effective between you and your Host(s) as of the date when you first book or participate in an Experience, whichever happens first. All terms not defined here have the meaning given to them in the Airbnb Terms of Service and/or the Airbnb Experiences Terms of Service.

You represent that you are 18 years of age or older. If you are bringing a minor as a Guest, you acknowledge and agree that you are solely responsible for the supervision of that minor throughout the duration of your Experience, and have read this Guest Release and Waiver and agree to it on the minor’s behalf. If you are booking an Experience on behalf of other Guests, you will ensure, and you represent and warrant, that each Guest on whose behalf you book has read and agreed to this Guest Release and Waiver, which shall apply to each of them as if the reference to “you” was a reference to him/her.

Assumption of Risks

You understand and acknowledge that the Experience(s) you sign up to do may be hazardous and may carry the risk of injury or illness, including sickness, physical injury, property damage, disability, permanent paralysis, and death.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, OF PARTICIPATING IN EACH EXPERIENCE, INCLUDING EACH EXPERIENCE IN YOUR IMMERSIVE EXPERIENCE, EVEN IF THOSE RISKS ARISE FROM THE NEGLIGENCE OR CARELESSNESS OF THE HOST OR OTHERS, OR DEFECTS IN THE EQUIPMENT, PREMISES, OR FACILITIES USED DURING THE EXPERIENCE, OR OTHERWISE, AND YOU ASSUME FULL RESPONSIBILITY FOR PARTICIPATION IN THE EXPERIENCE.

Release and Waiver

You acknowledge and agree that:

• You have reasonably assessed the risks involved in the Experience(s) and have made an informed and voluntary choice to participate.
• You alone, and not your Host(s), are responsible for determining your fitness for participating in the Experience(s) and your ability to fully understand any directions or warnings presented.
• You will not participate in any Experience(s) and/or Trip when you have a physical, medical, or mental limitation or disability, or when you are aware or should reasonably be aware of any factors that may limit or prevent you from safely participating in that Experience(s) and/or Trip.
• You will act reasonably and responsibly and will comply with any provided and customary conditions, directions, and/or precautions for participation in the Experience(s) and/or Trip. If you notice any hazard during an Experience, you will stop participating in the Experience immediately.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE AND PROMISE NOT TO SUE YOUR HOST(S) FOR ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES (WHETHER ECONOMIC OR NON-ECONOMIC), DAMAGES, EXPENSES, COSTS OR LIABILITY OF ANY NATURE WHATSOEVER ARISING FROM OR IN CONNECTION WITH YOUR EXPERIENCE(S) AND/OR TRIP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.

If you reside in California, you expressly waive the protection of Section 1542 of the California Civil Code (“Section 1542”), which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM/HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR. You understand and agree that claims or facts in addition to or different from those which are now known or believed by you to exist may hereafter be discovered.

You intend this Guest Release and Waiver to be a complete and unconditional release of all liability to the greatest extent allowed by law. You agree that if any portion of this Waiver and Release is held to be invalid, the balance notwithstanding shall continue in full force and effect.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOSTS PROVIDE THE EXPERIENCE(S) AND/OR TRIP “AS IS,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOST(S) EXPRESSLY DISCLAIM ANY WARRANTIES OF SAFETY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND AS TO THE ADEQUACY OF THE DIRECTIONS AND WARNINGS PROVIDED TO YOU.

Indemnification

You agree that if, despite this Guest Release and Waiver, you or anyone on your behalf make a claim against the Host(s) relating to an Experience and/or Trip, you will indemnify and hold the Host(s) harmless from any liability, demand, loss, damage, or costs which the Host(s) may incur as the result of such claim.

You affirm that you HAVE READ THIS GUEST RELEASE AND WAIVER AND FULLY UNDERSTAND THE ASSUMPTION OF RISK, RELEASE, WAIVER, AND CONSENT CONTAINED IN IT. YOU FURTHER UNDERSTAND THAT YOU HAVE GIVEN UP RIGHTS BY AGREEING TO THESE TERMS, AND HAVE DONE SO FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT.