Additional Clauses for Users Contracting with Airbnb Brazil. 1.5 Additional Terms. Airbnb Payments will provide the Host notice via email when we initiate each Payout. For example, if you make a booking using a U.S. issued card, but select Euro as your currency, your payment may be processed outside the U.S., and banks and credit card companies may impose international transaction fees and foreign exchange fees. 2.8 Payment Restrictions. Note that if your Airbnb Payments contracting entitys location is different than the country of your Payment Method, or your selected currency is different than your Payment Method's billing currency, your payment may be processed outside of your country of residence. If the booking is canceled, you will be refunded based on the Hosts cancellation policy. Airbnb Payments is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents; such liability is limited to the typically occurring foreseeable damages. This includes payments youve made for Homes and Experiences reservation. 19.4 You acknowledge and agree that, to the maximum extent permitted by applicable law, the entire risk arising out of your access to and use of any Payment Services provided by local third-party payment service providers shall remain with you, or be allocated according to the terms of the separate service agreements you enter with such third-party payment service providers regarding the provision of such Payment Services. Provided that you notify us of any Diverted Payout without delay and at the very latest within 13 months of the date of the payment, you may be entitled to a refund of that payment. You may not remove the Payment Method associated with a reservation,during the period commencing from the date of your booking and ending fourteen (14) days following your check-out date, nor during any additional period of time needed to resolve any outstanding Damage Claim associated with such booking. If you fail to provide written confirmation within those fourteen (14) days, Airbnb Payments is not obligated to honor your request to stop any future Recurring Payments. 18.3 If you are a resident in Brazil and make a booking with a Host residing outside of Brazil using local currency, by using the Payment Services you acknowledge and agree that Airbnb Brazil acts as a payment collectionagent of the Host residing outside of Brazil. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. The tax treatment of what you earn from these services [for example Airbnb and Stayz, whether you rent out a room or the whole house/unit for a short-time basis] is the same as any other residential rental property arrangement. Airbnb Brazil reserves the right to terminate, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information. 1.3 Your Airbnb Account. File a Report. 2.10 Your Payment Method, Your Responsibility. 3.2 Valid Payout Method. If you are acting as an individual consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of English law. Experiences. Providing requested information is required for a Payout Method to be valid. If you fail to complete the payment, you authorize Airbnb to cancel the booking on your behalf. Payout Methods may involve the use of third-party payment service providers. Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. In order to make the arbitration most convenient to you, Airbnb Payments agrees that any required arbitration hearing may be conducted, at your option: (a) in the U.S county where you reside; (b) in San Francisco County; (c) via phone or video conference. Airbnb Payments may enable features that allow you to authorize other Members or third parties to take certain actions that affect your Airbnb account. 17.1.4 Communication. You may not assign, transfer, or delegate this agreement or your rights and obligations hereunder without Airbnb Payments prior written consent. The time it takes to receiveany cash refund or for any pre-authorization of your Payment Method to be released will vary basedon the Payment Method and any applicable payment system (e.g., Visa, Mastercard, etc.) If Airbnb Payments is unable to collect the Total Price due, as scheduled, Airbnb Payments will collect the Total Price due at a later point in accordance with Section 5.3. 4.1 Each Host, including each Host Team member, hereby appoints Airbnb Payments as the Hosts payment collection agent solely for the limited purpose of accepting and processing funds from Guests purchasing Host Services on the Hosts behalf. We use a variety of service providers (some belonging to the Airbnb group and some being third party service providers) in the context of outsourcing arrangements to help us provide our services in an efficient and qualitative manner. The recipients of the data are located in the United States, the United Kingdom, Ireland, India, Luxembourg, Netherlands, Germany and Spain, as well as other countries in Europe, Asia Pacific and North and South America. 15.7 Modification to AAA Rules - Arbitration Hearing/Location. Unless your country of residence is in the EEA, Sections 5 through 20 of these Payments Terms shall survive any termination or expiration of this agreement. If your access to or use of the Payment Services has been suspended or limited or this agreement has been terminated by us, you may not register a new Airbnb account or attempt to access and use the Payment Services through an Airbnb account of another Member. You and Airbnb Payments each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 15): (i) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); (ii) a request for the remedy of public injunctive relief; or (iii) any individual claim of sexual assault or sexual harassment arising from your use of the Airbnb Platform or Host Services. As a Host you may be liable for losses relating to any Diverted Payout arising from the use of lost, stolen, or misappropriated Credentials (including the loss of a mobile phone on which you have installed the Application) or where you have failed to keep your Credentials safe, up to a maximum of 35. When you add or use a new Payment Method, Airbnb Payments may verify the Payment Method by (i) authorizing your Payment Method for one or two nominal amounts via a payment service provider, and asking you to confirm those amounts, or (ii) requiring you to upload a billing statement. Box 66501 (both corners of page, google it with quotes around it and no good hits) London KY 40742 (both corners of page, google it with quotes around the address and no good hits) 4.3 Each Guest acknowledges and agrees that, notwithstanding the fact that Airbnb Payments is not a party to the agreement between you and the Host(s), including each Host Team member, Airbnb Payments acts as each Hosts payment collection agent for the limited purpose of accepting payments from you on behalf of the Host(s). If Mexico is your country of residence, (i) upon successful receipt of payment from the Guest following a Host's acceptance of the Guests booking request, Airbnb Payments generally holds such funds due to the Host in temporary custody until it is released to the Host in accordance with Section 3.3.1, and (ii) the payment to the Host will be effective only upon the start of the Host's Services and in accordance with Section 3.3.1.
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