Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. 15.2 Overview of Dispute Resolution Process. Payout Methods may involve the use of third-party payment service providers. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Airbnb Payments and you. use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms; register or use any Payment Method or Payout Method with your Airbnb account that is not yours or you do not have authorization to use; avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Airbnb Payments or any of Airbnb Payments providers or any other third party to protect the Payment Services; take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services; attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or. 15.6 Arbitration Rules and Governing Law. 3.3.1 Subject to and conditional upon successful receipt of the payments from Guest, Airbnb Payments will generally initiate Payouts to your selected Payout Method: (i) for Accommodations, 24 hours after the Guests scheduled check-in time (or 24 hours after 3:00 pm local time - or 3:00 pm UTC if local time is unknown - if the check-in time is flexible or not specified); (ii) for Experiences, 24 hours after the start of the Experience; and (iii) for all other Host Services, at the time specified via the Airbnb Platform. You can contact the UK Financial Ombudsman by (i) telephone from inside the UK: 0300 123 9123 or 0800 023 4567; from other countries: +44 20 7964 0500, on Monday to Friday, 8am to 8pm and on Saturday 9am to 1pm; (ii) post: Financial Ombudsman Service, Exchange Tower, London, E14 9SR; or (iii) email: enquiries@financial-ombudsman.org.uk. "unclaimed property" scam letter regarding AirBnB? 13.3 Termination. 6.2 You agree that Airbnb Payments may seek to recover from you under any insurance policies you maintain and that Airbnb Payments may also pursue against you any remedies it may have available, including, but not limited to,referral to a collections agency, or pursuit of causes of action or claims against you, including in relation to any Damage Claim orpayment requests made by Hosts under the Host Damage Protection. It is your responsibility as a Host to ensure that you provide us with a current, accurate, and valid email address. If there is a conflict between these Payments Terms and terms and conditions applicable to a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise. 19.6 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. North Carolina Unclaimed Property - Official State Website If the amount in controversy is $5,000 or less, the parties agree to proceed solely on the submission of documents to the arbitrator. Airbnb Payments will execute such payments at the instruction of one or more members of the Host Team and is not responsible for any losses related to errors or omissions made by the Hosts in providing such payment instructions. 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. 2.11.1.3 If you make a modification to a booking made with a Payment Plan, Airbnb Payments will notify you of the revised payment schedule, as applicable. 15.11 No Class Actions or Representative Proceedings. 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). Neither Airbnb Payments nor any other party involved in creating, producing, or delivering the Payment Services 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 the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Airbnb Payments 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. If you are not contracting with Airbnb Payments US, and you nevertheless attempt to bring any legal claim against Airbnb Payments in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 15 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the arbitrator (the AAA Rules) then in effect, except as modified here. U.S. Booking Credit Program Terms and Conditions - Airbnb Terminating this agreement will also serve as notice to cancel your Airbnb account pursuant to the Terms. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. Such data transfers will take place throughout the term of the business relationship between us and you as well as for an additional period as permitted by law after the end of the business relationship. 5.5.1 Any refunds or credits due to a Member pursuant to the Terms, Extenuating Circumstances Policy, Rebooking and Refund Policy, Experiences Guest Refund Policy, and Luxe Rebooking and Refund Policy will be initiated and remitted by Airbnb Payments in accordance with these Payments Terms. 2.3 Payment Authorization. Texas has returned more than $3 billion in unclaimed property to its rightful owners. To that end, these Payment Terms provide for a two-part process for individuals to whom this Section 15 applies: (1) an informal negotiation directly with Airbnbs customer service team (described in Section 15.3), and if necessary (2) a binding arbitration administered by the American Arbitration Association (AAA). 13.1 Modification. 17. Any funds collected by Airbnb Payments will set off the amount owed by you to Airbnb or Airbnb Payments and extinguish your obligation to Airbnb or Airbnb Payments. If you are due an amount above that limit, Airbnb Payments may make a series of Payouts (potentially over multiple days) in order to provide your full Payout amount. 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 20 immediately. Airbnb Payments Luxembourg will be deemed to have received the Host's payment order to the Host on the same date Airbnb Payments Luxembourg agrees to initiate the Payout in accordance with Section 3.3. Arrive et ouverture des portes en toute autonomie en suivant les instructions d'accs. Getting charged for damage - Airbnb Help Center Notwithstanding anything to the contrary in the Payments Terms, for the avoidance of any doubt, in connection with Guests who reside in France, the Total Price, installments or periodic payments, including Recurring Payments, collected by Airbnb Payments from such Guest are down payments (acomptes) within the meaning of French law. In the event of cancellation of a confirmed booking, Airbnb Payments will remit the amount you are due (if any) as provided in the Terms and applicable cancellation policy. 16.3 Assignment. 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, embargos, 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). The Payment Services constitute payment services regulated under the modified Law of 10 November 2009 on payment services (Law of 2009) and for these purposes Airbnb Payments Luxembourg treats Hosts as the payment service user according to the Law of 2009. 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. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to: 8.2 You may not use or assist others to use the Payment Services to send or receive funds: (i) into any United States embargoed countries; or (ii) to anyone on the U.S. Treasury Departments list of Specially Designated Nationals, the U.S. Department of Commerces Denied Persons List or Entity List,UK Sanctions List and HM Treasury Department Consolidated List, United Nations Consolidated List or European Union Consolidated List. 4.2 Each Host, including each Host Team member, agrees that payment made by a Guest through Airbnb Payments, shall be considered the same as a payment made directly to the Host, and the Host will provide the Host Service booked by the Guest in the agreed-upon manner as if the Host has received the payment directly from the Guest. In the event of cancellation of a confirmed booking, Airbnb Payments will remit the amount you are due (if any) as provided in the Terms and applicable cancellation policy. 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). 3.9 Your Payout Method, Your Responsibility. As a result, certain fees may apply and the amount listed on your card statement may be different from the amount shown at checkout. In accepting appointment as the limited payment collection agent of the Host, Airbnb Payments assumes no liability for any acts or omissions of the Host. Any amount you pay through the Resolution Center in connection with your Airbnb account.
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