Kushtet shtesë të platformës së shërbimeve të bashkëpritësit
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 (“TERMS”) APPLY TO ANY DISPUTE RELATING TO THESE ADDITIONAL TERMS.
Last Updated: 13 June 2023
Your use of the Co-Host Services Platform is subject to your acceptance of these additional terms of service (“Co-Host Services Platform Terms”), and is provided to you by the Contracting Entity identified in Section 19.1 below. These Co-Host Services Platform Terms supplement the Terms, and, except as explicitly stated herein, the Terms apply in full to all users of the Co-Host Services Platform Terms. All capitalized terms not defined here have the meaning given to them in the Terms. Nothing in these Co-Host Services Platform Terms shall be construed to amend or contradict the Terms unless explicitly stated. If there is a conflict between the Terms and these Co-Host Services Platform Terms, these Co-Host Services Platform Terms control to the extent of the conflict.
1. Nature of our Services. To enable Hosts to grow their own businesses, Airbnb provides access to a venue (“Co-Host Services Platform”) on which Hosts can identify, connect, and contract directly with eligible local service providers, such as property managers, cleaners, maintenance providers, and guest service providers who offer services to Hosts (“Co-Host Services Provider”). The Co-Host Services Platform shall not be construed as intermediary or brokerage services and, by accepting these Co-Host Services Platform Terms, Hosts and Co-Host Services Providers acknowledge that Airbnb does not act as an intermediary or broker in connection with the provision of the Co-Host Services Platform. As set forth in the Terms, users must register an account with Airbnb in order to access or use the Co-Host Services Platform.
2. Services Not Provided. Airbnb does not own, control, offer, manage, or act as an agent for any of the Co-Host Services Providers or Hosts. 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 create or verify the content of any communications between any Co-Host Services Providers or Hosts. You agree that Airbnb is not a party to any agreement between Hosts and Co-Host Services Providers, and the formation of an agreement between a Host and a Host Service Provider will not, under any circumstances, create an employment, worker, or other service relationship or any joint venture or partnership between the Host and/or the Co-Host Services Provider, and Airbnb. You further acknowledge and agree that Airbnb does not engage either Hosts or Co-Host Services Providers to provide services to Airbnb. Without limiting the generality of the foregoing, Hosts or Co-Host Services Providers are not authorized to bind Airbnb to any liability or obligation or to represent that Hosts or Co-Host Services Providers have any such authority.
3. Host Use of Co-Host Services Platform. The Host will be able to search the Co-Host Services Platform for Co-Host Services Providers in their area. By messaging a Co-Host Services Provider, the Host acknowledges that the Host may be contacted by said Co-Host Services Provider. Certain information about the Host and their property will be shared with the Co-Host Services Provider to enable them to review and respond to the Host’s invitation to work directly with one another.
4. Connecting with Co-Host Services Providers. After receiving the Host’s contact information, the Co-Host Services Provider may contact the Host via or outside of the Co-Host Services Platform in order to agree upon any services to be provided by the Co-Host Services Provider. In addition, each Host is solely responsible for ensuring and verifying that the Co-Host Services Provider holds all necessary permits, licenses, insurance, and/or qualifications, and/or meets all legal and regulatory requirements for the provision of their services, including but not limited to, a real estate license if required.
5. Use of the Technological Tools. Airbnb also offers certain platform tools, such as Airbnb’s Co-Host Tools, available for use by Hosts and Co-Host Services Providers (“Technological Tools”). The availability of the Technological Tools shall be at Airbnb’s sole discretion, may be subject to additional terms and conditions, and are subject to change by Airbnb.
6. Co-Host Services Provider Fees. As a Host, you are solely liable for the payment of any fees corresponding to the provision of any services you receive from Co-Host Services Providers. The amount, nature, timing, and method of payment of fees will be freely determined between you and the Co-Host Services Providers and it is your responsibility to enter into any necessary or advisable agreements with any Co-Host Services Providers you engage with respect to the services they provide and any associated fees. Airbnb does not receive any portion of the Co-Host Services Provider Fees.
Co-Host Services Provider Terms
7. Connecting with Hosts. Airbnb offers Co-Host Services Providers the ability to opt-in to using the Co-Host Services Platform to offer their services to Hosts. The Co-Host Services Provider is responsible for ensuring that the information included in their profile on the Co-Host Services Platform is accurate and complete, and is responsible for keeping such information up-to-date.
8. Eligibility. In order to be eligible for inclusion in the Co-Host Services Platform, Co-Host Services Providers must meet certain eligibility criteria. If a Co-Host Services Provider ceases to satisfy eligibility criteria, it may result in their profile being removed or hidden from the Co-Host Services Platform pending re-qualification. Any such action will not in and of itself impact a Co-Host Services Provider’s ability to continue to work with their existing Hosts, nor will it impact their use of the Airbnb Platform or Co-Host Tools. Airbnb does not vet, screen, assess, or otherwise verify Co-Host Services Providers for their suitability, quality, or qualifications other than confirming that they meet applicable program eligibility criteria.
9. Independence of Co-Host Services Providers. Your relationship with Airbnb as a Co-Host Services Provider is that of an independent individual or entity and not an employee, worker, agent, joint venture partner, or partner of Airbnb. You agree that 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 as to whether and when to provide services, at what price, and on what terms you offer them. As a Co-Host Services Provider, you shall be fully responsible for and shall indemnify Airbnb for and in respect of (i) any liability for employment-related claims or claims based on worker status (including costs and expenses) brought against Airbnb arising out of or in connection with your provision of services to Hosts, and (ii) any taxes, national insurance, social security, or other contributions, costs, claims, penalties, interest, expenses, or proceedings arising out of or in connection with your services. As a Co-Host Services Provider, you also represent and warrant that you have an independently established business, registered and operating in accordance with local applicable legislation as the case may be, and that you can provide and make your services available to others outside of the Co-Host Services Platform.
11. Right to use the Brand. Co-Host Services Providers must not incorporate Airbnb's name, logos, and other intellectual property in any of their marketing tools such as domain names, business names, trademarks, bidding on keywords, social media handles, or other source identifiers. More details can be found in the Airbnb Trademark Guidelines. Co-Host Services Providers do not have permission to create marketing collateral, including website use and social posts, that could give the impression that they are from Airbnb or associated with Airbnb in a way that may be misleading to Hosts or other third parties.
12. No Endorsements and Co-Host Services Platform Content. While we hope that the Co-Host Services Platform will be mutually beneficial to Hosts and Co-Host Services Providers, we do not endorse any Co-Host Services Provider. We do not control, are not affiliated with, and are not responsible for any Content provided by Co-Host Services Providers. You expressly acknowledge and agree that Airbnb is in no way responsible for the third-party services provided by Co-Host Services Providers. Airbnb does not guarantee that the Content or services provided by the Co-Host Services Providers are accurate, including, but not limited to, that their services will be available, or will meet the needs of each Host.
14. Suspension of Access to the Services. If (i) you breach these Co-Host Services Platform Terms, the Terms, or the Additional Legal Terms, Policies, Standards, (ii) you breach any applicable laws, regulations, or the rights of third parties, (iii) such action is necessary, in Airbnb’s reasonable discretion, to protect Airbnb, its Members, or third parties, we will notify you of any identified breaches, and may suspend or limit your access to the Co-Host Services Platform and/or your Account as of such notification, or take any additional account actions as outlined in the Terms.
15. Termination, Suspension and other Measures. If you are a Business User, in case we take any of the measures according to Sections 13 and 14, you will be given the opportunity to clarify the facts and circumstances leading to such a measure in the framework of our internal complaint-handling process as described in Terms.
16. Indemnity. In addition to your indemnification obligations in the Airbnb Terms and in Section 9 above, you agree to release, defend, 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 use of the Co-Host Services Platform, or (ii) your misrepresentations in or breach of your agreements, as well as any disputes, with third parties, including Hosts, Co-Host Services Providers, or authorized agents, or (iii) any breaches of the Terms.
17. Limitation of Liability. AIRBNB IS NOT RESPONSIBLE FOR ANY DAMAGE OR HARM RESULTING FROM YOUR INTERACTIONS WITH HOSTS, CO-HOST SERVICES PROVIDER, THIRD PARTIES, AND/OR GUESTS. BY USING THE CO-HOST SERVICES PLATFORM, THE SITE, APPLICATION, OR SERVICES, OR BY USING OR PROVIDING HOST SERVICES, YOU AGREE THAT ANY LEGAL REMEDY OR LIABILITY THAT YOU SEEK TO OBTAIN FOR ACTIONS OR OMISSIONS OF OTHER MEMBERS, INCLUDING HOSTS, CO-HOST SERVICES PROVIDER, 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.
18. DISCLAIMERS. IF YOU CHOOSE TO USE THE CO-HOST SERVICES PLATFORM, YOU DO SO AT YOUR SOLE RISK. THE CO-HOST SERVICES PLATFORM 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, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE THAT YOU HAVE HAD WHATEVER OPPORTUNITY YOU DEEM NECESSARY TO INVESTIGATE THE CO-HOST SERVICES PLATFORM, THE CO-HOST SERVICES PROVIDER AND/OR HOST, AND THE LAWS, RULES, AND REGULATIONS THAT MAY BE APPLICABLE TO THE CO-HOST SERVICES PLATFORM OR THE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS THROUGH THE CO-HOST SERVICES PLATFORM. YOU UNDERSTAND THAT AIRBNB DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS, INCLUDING OF CO-HOST SERVICES PROVIDERS AND HOSTS, OR THEIR SERVICES, AND HAS NO OBLIGATION TO REVIEW ANY HOST, CO-HOST SERVICES PROVIDERS, OR LISTING.
19. Miscellaneous Provisions:
19.1 Contracting Entities. For the specific purpose of the use of the Co-Host Services Platform, you are contracting with Airbnb Living LLC if you reside in or have your place of establishment in the United States or Canada and with Airbnb Global Services Limited if you reside in or have your place of establishment outside of the United States or Canada. Your use of the Airbnb Platform shall be as set forth in the Terms and Payment Terms.
19.2 Governing Law, Dispute Resolution, and Venue. Governing law, dispute resolution, and venue shall be as set forth in the Terms.
19.3 Assignment. You may not assign, transfer, or delegate this agreement or your rights and obligations hereunder without Airbnb's prior written consent. Airbnb may without restriction assign, transfer, or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.
19.4 Modification. Airbnb reserves the right to modify these Co-Host Services Platform Terms at any time in accordance with the Terms, and to change or discontinue the Co-Host Services Platform (or any portion of it) at any time. In order to meet any regulatory requirements Airbnb reserves the right to add, remove, limit, or change functionality of any feature available to Hosts and Co-Host Services Providers at any time.
19.5 Severability. If any provision or part of a provision in these Co-Host Services Platform 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.
19.6 Survival. Unless you reside in the European Economic Area or Switzerland, if you or we terminate these Co-Host Services Platform Terms, the clauses of these Co-Host Services Platform Terms that reasonably should survive such termination will remain in effect.
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