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IF YOU RESIDE IN, OR THE ORGANIZATION YOU ARE ACTING FOR IS ESTABLISHED IN, THE UNITED STATES, PLEASE NOTE: THE ARBITRATION CLAUSE AND CLASS ACTION WAIVER CONTAINED IN THE AIRBNB TERMS OF SERVICE APPLY TO ANY DISPUTE RELATING TO THESE ADDITIONAL TERMS.
Last Updated: 23 January 2023
Your use of the Host Recommendations Directory is subject to your acceptance of these additional terms of service (“Host Recommendations Directory Terms”), and is provided to you by Airbnb.
These Host Recommendations Directory Terms supplement the Airbnb Terms of Service (“Terms”), and, except as explicitly stated herein, the Terms apply in full to all users of the Host Recommendations Directory. All capitalized terms not defined here have the meaning given to them in the Terms. Nothing in these Host Recommendations Directory Terms shall be construed to amend or contradict the Terms unless explicitly stated. If there is a conflict between the Terms and these Host Recommendations Directory Terms, these Host Recommendations Directory Terms control to the extent of the conflict.
1. Nature of our Services. Airbnb provides a venue (“Host Recommendations Directory”) for Hosts to identify and connect with a variety of service providers recommended by other Hosts, such as property managers, cleaners, maintenance providers, and landscaping services (“Service Providers”), and for Service Providers to provide information related to their services to Hosts. As set forth in the Terms, users must register an account with Airbnb in order to access or use the Host Recommendations Directory.
2. Services Not Provided. Airbnb does not own, control, offer, manage, or act as an agent for any of the Service Providers. Airbnb is not a real estate broker, does not provide legal, brokerage, or other professional advice or services, does not inspect rental properties, and does not verify the content of any communications between you and any Service Provider or Host. You agree that Airbnb is not a party to any agreement between Hosts and Service Providers, and the formation of an agreement will not, under any circumstances, create an employment or other service relationship between either the Host, or the Service Provider, and Airbnb. You further acknowledge and agree Airbnb does not engage either Hosts or Service Providers to provide services to Airbnb.
3. Host Submissions. As a Host, you may recommend a Service Provider to be included in the Host Recommendations Directory. You represent and warrant that you have previously used the services of the Service Provider, and that you are in no way affiliated, connected with, or receiving compensation from the Service Provider(s) you recommend. In addition, you represent and warrant that you have permission to provide Service Provider information to Airbnb, and that you reasonably believe that they have all permits, licenses, insurance and/or qualifications required to complete the services.
Service Provider Terms
4. Connecting with Hosts. As a Service Provider, Airbnb offers you the ability to opt-in to using the Host Recommendations Directory to offer your services to Hosts. You are responsible for ensuring that the information included in the Host Recommendations Directory is accurate and complete, and you are responsible for keeping your information up-to-date and accurate at all times.
5. Independence of Service Providers. Your relationship with Airbnb is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Airbnb. Airbnb does not direct or control your services, you are not providing services to Airbnb, and Airbnb is not engaging you to provide any services. Further, you agree that you have complete discretion whether and when to provide services, and at what price and on what terms to offer them. As a Service Provider, you also represent and warrant that you have an independently established business and that you provide and make your services available to the general public.
6. Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to the services you provide. For example, some jurisdictions require that Service Providers register, get a permit, or obtain a license before providing services to Hosts. In some places, the services you want to offer may be prohibited altogether. You represent and warrant that you - and any employees or agents that work with you or on your behalf - have all permits, licenses, insurance and/or qualifications required to provide services you offer to Hosts. For example, providing property management services may require you to be a licensed real estate broker and operating without a license may have meaningful penalties for you. Check your local rules to learn what requirements apply to the services you offer. You are responsible for handling and using personal data of Members and others in compliance with applicable privacy laws and the Terms. If you have questions about how local laws apply you should always seek legal advice.
7. No Endorsements and Host Recommendations Directory Content. While we hope that the Host Recommendations Directory Terms will be mutually beneficial to Hosts and Service Providers, we do not endorse any Service Provider. We do not control, are not affiliated with, and are not responsible for any Content provided by Service Providers. You expressly acknowledge and agree that we are in no way responsible for the third party services provided by Service Providers. Airbnb does not guarantee that the Content provided by the Service Providers is accurate, including, but not limited to, that their services will be available, or will meet the needs of each Host.
8. Indemnity. To the maximum extent permitted by applicable law, you agree to release, defend (at Airbnb’s option), indemnify, and hold Airbnb (including Airbnb Payments, other affiliates, and their personnel) 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: (i) your breach of these Host Recommendations Directory Terms, (ii) your interaction with any Member, Host, or Service Provider, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, or (iii) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights. If your country of residence is within the European Economic Area or the United Kingdom, this indemnification obligation 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.
9. Limitation of Liability. AIRBNB (INCLUDING ITS AFFILIATES AND PERSONNEL) WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES , INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, 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.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AIRBNB'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE HOST RECOMMENDATIONS DIRECTORY TERMS OR YOUR USE OF AIRBNB’S SERVICES, EXCEED ONE HUNDRED DOLLARS (USD $100).
THESE LIMITATIONS OF LIABILITY AND DAMAGES ARE FUNDAMENTAL ELEMENTS OF THE AGREEMENT BETWEEN YOU AND AIRBNB. IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATIONS OF LIABILITY SET OUT IN THESE TERMS, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. DISCLAIMERS. IF YOU CHOOSE TO USE THESE SERVICES, YOU DO SO AT YOUR SOLE RISK. THE HOST RECOMMENDATIONS DIRECTORY IS 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 IS NOT RESPONSIBLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY SERVICE PROVIDER. IF YOU HAVE STATUTORY RIGHTS OR WARRANTIES WE CANNOT DISCLAIM, THE DURATION OF ANY SUCH STATUTORILY REQUIRED RIGHTS OR WARRANTIES, WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
HOSTS AND SERVICE PROVIDERS ARE SOLELY RESPONSIBLE FOR ALL OF THEIR COMMUNICATIONS AND INTERACTIONS WITH EACH OTHER AND WITH OTHER PERSONS WITH WHOM THEY COMMUNICATE OR INTERACT AS A RESULT OF THEIR USE OF THE HOST RECOMMENDATIONS SERVICES. HOSTS UNDERSTAND THAT AIRBNB DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF THE SERVICE PROVIDERS OR TO REVIEW THEIR CONTENT OR SERVICES. HOSTS AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH THE SERVICE PROVIDERS, INCLUDING IN REGARD TO VERIFYING THE ACCURACY OF THE CONTENT PROVIDED BY THE SERVICE PROVIDER. AIRBNB EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF THE SERVICE PROVIDERS.
11. Termination. You may terminate this agreement by sending us an email, or by deleting your account. Airbnb may terminate this agreement for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. Airbnb may also terminate this agreement immediately and without notice if you materially breach this agreement and/or the Terms, Additional Legal Terms, Policies, Standards, you violate applicable laws, or we reasonably believe termination is advisable to protect Airbnb, its Members or third parties.
12. Miscellaneous Provisions:
12.1 Contracting Entity. You are contracting with the same Airbnb entities indicated in the Terms and Payment Terms.
12.2 Modification. Airbnb reserves the right to modify these Host Recommendations Directory Terms at any time in accordance with the Terms.
12.3 Severability. If any provision or part of a 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.
12.4 Survival. Unless you reside in the European Economic Area or Switzerland, if you or we terminate these Host Recommendations Directory Terms, the clauses of these Host Recommendations Directory Terms that reasonably should survive such termination will remain in effect.
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