Masharti ya Huduma kwa Mtoa Huduma wa Hoteli

Last Updated: December 5, 2019

THE HOTEL ACCOMMODATION BOOKING AND LISTING SERVICE IS PROVIDED TO YOU BY AIRBNB TRAVEL, LLC (“AIRBNB TRAVEL”). THESE HOTEL SUPPLIER TERMS OF SERVICE (“HOTEL SUPPLIER TERMS”) SUPPLEMENT THE AIRBNB TERMS OF SERVICE, PAYMENTS TERMS OF SERVICE AND AIRBNB PRIVACY POLICY AND OTHER POLICIES AND TERMS THAT APPLY TO USE OF THE AIRBNB PLATFORM (COLLECTIVELY, “AIRBNB TERMS”). BY USING AIRBNB TRAVEL’S SERVICES TO OFFER HOTEL ACCOMMODATIONS ON THE AIRBNB PLATFORM, YOU AGREE TO BE BOUND BY THESE HOTEL SUPPLIER TERMS.

All capitalized terms not defined here have the meaning given to them in the Airbnb Terms. Nothing in these Hotel Supplier Terms will be construed to amend or contradict the Airbnb Terms unless explicitly stated. If there is a conflict between the Airbnb Terms and the Hotel Supplier Terms, these Hotel Supplier Terms control to the extent of such conflict.

When these Hotel Supplier Terms mention “Airbnb Travel,” “we,” us” or “our,” it refers to Airbnb Travel, LLC, 888 Brannan Street, 4th Floor, San Francisco, CA 94103, United States. In these Hotel Supplier Terms, references to “you” or “your” are to the company, entity or other organization offering hotel Accommodations on the Airbnb Platform. These Hotel Supplier Terms constitute a legally binding agreement between Supplier and Airbnb Travel governing your access to and use of the Airbnb Platform to offer hotel Accommodations. The person accepting these Hotel Supplier Terms confirms and warrants that: (i) in registering Supplier’s Airbnb Account, s/he has provided the exact legal name of the Supplier company, entity or other organization; and (ii) s/he has the legal authority to legally bind and agree to these Hotel Supplier Terms on behalf of the Supplier.

1. Scope of Use of the Hotel Supplier Services, Participating Properties

Airbnb Travel, LLC provides services to facilitate the booking and listing of hotel Accommodations offered by certain Hosts (“Hotel Suppliers” or “Suppliers”) in connection with and through the Airbnb Platform.

As a Hotel Supplier, you represent and warrant that: (a) if you distribute hotel Accommodations on behalf of individual hotel properties (“Properties”), you have the authority to legally bind the Properties and to grant us all permissions and licenses provided in these Hotel Supplier Terms; and (b) neither the execution nor the performance of this agreement will violate or conflict in any way with any other agreement by which you or a Property may be bound. You agree to be fully responsible for the performance of this agreement by the Properties and will procure that each Property be bound by, and comply with, all obligations and requirements under this agreement. You agree to notify us within five (5) business days of any changes to the current list of Properties on behalf of which you are offering hotel Accommodations.

Any and all payment services through or in connection with your use of the Airbnb Platform are provided to you by one or more Airbnb Payments entities (individually and collectively, as appropriate, “Airbnb Payments”) as set out in the Payments Terms of Service.

2. Modification of these Hotel Supplier Terms

Airbnb Travel reserves the right to modify these Hotel Supplier Terms at any time in accordance with this provision. If we make changes to these Hotel Supplier Terms, we will post the revised Hotel Supplier Terms on the Airbnb Platform and update the “Last Updated” date at the top of these Hotel Supplier Terms. We will also provide you with notice by email of the modification at least thirty (30) days before the date they become effective. If you disagree with the revised Hotel Supplier Terms, you may terminate this agreement with immediate effect. We will inform you about your right of refusal and your right to terminate this agreement in the notification email. If you do not terminate your agreement before the date the revised Hotel Supplier Terms become effective, your continued use of the Airbnb Platform to offer hotel Accommodations will constitute acceptance of the revised Hotel Supplier Terms.

3. Availability, Rates and Inventory

When offering hotel Accommodations, you agree to specify the number and type of rooms at the hotel Accommodation that are available for booking through the Airbnb Platform (the “Allocation”), the date(s) such rooms are available and the nightly rate at which you are making such rooms available to Airbnb Travel (the “Room Rate”), any applicable Taxes, and any other mandatory fees charged to Guests, including resort fees or similar mandatory fees for services or amenities offered at the Property (“Resort Fees”).

You will use the Airbnb Platform to provide and to make any changes to the Allocation and Room Rate, unless we agree that you may utilize a different means of communicating such information either through tools provided by us or another technology provider (e.g., channel manager, global distribution system, or API connection) (an “Alternate Connection”). You are solely responsible for the accuracy of the Allocation and Room Rate and ensuring the availability in your Listing(s) is up-to-date.

You will provide any Guest who books the Listing(s) with the room type and all amenities, services and other features shown or advertised in the Listing(s). You also agree to provide Guests booking hotel Accommodations through the Airbnb Platform with the same quality of rooms and service (e.g. location, view) that you provide to customers who book through any other booking channel.

4. Facilitation Fees and Additional Guest Charges

Airbnb Travel charges certain facilitation fees in return for marketing, IT, account management and other costs we incur in connection with facilitating listings and bookings of hotel Accommodations (“Facilitation Fees”). We reserve the right to change the Facilitation Fees at any time, and will provide you with adequate notice of any Facilitation Fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change. Further, Airbnb Travel reserves the right, in our sole discretion, to charge additional Guest fees in Listings for Hotel Accommodations.

In accordance with the Airbnb Payments Terms of Service, Airbnb Payments will collect from Guests the Room Rate, applicable fees, the amount of applicable Taxes we expect Supplier will charge, and, in certain jurisdictions, applicable Taxes on our fees. Airbnb Payments will initiate Payouts to you on the Guest’s scheduled check-in date at the Property, deducting any Facilitation Fees from the Room Rate before remitting your Payout. Your Payout will be equal to the total charge paid by the Guest, less the applicable fees and, in certain jurisdictions, applicable Taxes on our fees and/or the Room Rate.

You are solely responsible for collecting any payment directly from Guests for any incidentals, upgrades or Resort Fees charged at the Property (“On-Site Guest Charges”), including any applicable Taxes on such On-Site Guest Charges, and for remitting any such Taxes to the proper Tax Authority. Hotel Supplier will not honor any Guest requests that may result in Airbnb refunding any portion of the Room Rate without Airbnb’s prior approval.

5. Taxes

Unless Airbnb Travel indicates otherwise, Airbnb Travel will generally remit to you the Taxes you indicate to us are due with respect to a reservation. For any Taxes that Airbnb Travel remits to you, you will be solely responsible for: (a) informing Airbnb Travel of the then-applicable tax rate at the Properties (and any updates during the term of this agreement), (b) ensuring the accuracy of such tax rate information, and (c) timely remitting such Taxes to the proper Tax Authority.

6. Cancellations and Refunds, Overbooking

You agree to honor Guest cancellations of confirmed bookings in accordance with the applicable Airbnb cancellation policy set by you for the Hotel Allocation. Airbnb Travel may retain its Facilitation Fee on any cancellation penalty amounts owed by Guests. If you cancel a confirmed booking or are unable to honor a reservation at the time of Guest check-in, the Guest will be entitled to a full refund for such booking and you agree to follow Airbnb’s then-current policies for cancellation penalties and guest rebooking.

7. Hotel Content

Any text, photos and other content that you provide, upload, post or otherwise make available through the Airbnb Platform or to Airbnb Travel in connection with offering the Hotel Accommodations, including trademarks, logos, photographs and other related intellectual property, constitutes Member Content under the Airbnb Terms of Service and is subject to the permissions and licenses granted therein. You agree to be solely responsible for all content in such Listings and for reviewing, approving and confirming their accuracy before publication.

8. Data Protection

With respect to any processing of personal data in connection with this agreement, you agree that: (a) you and Airbnb Travel are each separate controllers for the purposes of, and shall each be individually and separately responsible for their own compliance with Data Protection Laws; and (b) the Standard Contractual Clauses set forth in European Commission decision 2004/915/EC, as may be amended from time to time, shall be incorporated into this agreement by reference (Airbnb and its relevant affiliates being the “data exporter” and Hotel Supplier being the “data importer”).

As a Hotel Supplier, you agree to comply with all laws and regulations applicable to the collection, processing, use or security of personal data (“Data Protection Laws”), including the General Data Protection Regulation (EU) 2016/679 (the “GDPR”). You will maintain adequate security systems and controls to prevent the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data (as defined in the GDPR) transferred, stored or otherwise processed by the Supplier (a “Security Incident”) in connection with this agreement. If you believe or suspect there is a Security Incident, you shall immediately notify Airbnb Travel in writing and fully cooperate with Airbnb and/or Airbnb Travel to investigate, resolve and mitigate the effects of the Security Incident. You agree that unless you are legally required to do so, you shall not notify any individuals, users or regulatory or supervisory authorities about a Security Incident without Airbnb Travel’s consent. You will provide any assistance reasonably requested by Airbnb Travel for the purpose of Airbnb Travel’s compliance with its obligations under Data Protection Laws.

9. Term and Termination

This agreement will be effective for a one-year term, at the end of which it will automatically and continuously renew for subsequent one-year terms until such time when you or Airbnb Travel terminates the agreement in accordance with this provision. Either party may terminate this agreement by giving the other party 30 days’ notice via email. Notices to Airbnb Travel under these Hotel Supplier Terms should be sent to terms@airbnb.com.

10. Insurance

During the term of this agreement and for one (1) year thereafter, you will maintain a commercial general liability insurance policy (or other appropriate insurance policy, which may be an umbrella policy) (the “Insurance Policy”) covering liability incurred in connection with claims by Guests of personal injury, property damage or theft occurring at any Property. The Insurance Policy will be in an amount no less than USD $5,000,000 in the aggregate and will (a) be issued by an insurance company with an A.M. Best’s rating of not less than A- and licensed to do business in all applicable jurisdictions; (b) be primary and non-contributory to any other insurance afforded to Airbnb or Airbnb Travel; (c) name Airbnb and Airbnb Travel as additional insureds; and (d) not be cancelled or materially changed without 30 days’ prior written notice to us. You will provide us with a certificate of insurance for the Insurance Policy upon request. In no event shall the limits of any insurance policy be considered as limiting either party’s liability under this agreement.

11. Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AIRBNB TRAVEL WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR ANY 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 YOUR ORGANIZATION OR AIRBNB TRAVEL 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 TRAVEL'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE HOTEL SUPPLIER TERMS OR YOUR USE OF AIRBNB TRAVEL’S SERVICES, EXCEED THE AMOUNTS PAID BY AIRBNB TRAVEL TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS (USD $100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE.

NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. Hotel Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend (at Airbnb Travel’s option), indemnify, and hold Airbnb Travel and its affiliates and subsidiaries, including but not limited to, Airbnb and Airbnb Payments, harmless from and against and 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 or a Property’s breach of these Hotel Supplier Terms; (ii) your or a Property’s offering of hotel Accommodations on the Airbnb Platform, including without limitation and injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Guest’s booking or stay at a hotel Accommodation offered by you; or (iii) your or a Property’s use of an Alternate Connection to provide the Allocation.

13. Dispute Resolution, Arbitration Agreement, Governing Law

This Section provides the process for resolving any controversy, claim or dispute arising out of or relating to the Hotel Supplier Terms (each a “Dispute”). This Section also provides which jurisdiction’s laws govern the Hotel Supplier Terms.

Upon written notice of a Dispute, your organization and Airbnb Travel shall make reasonably available personnel with appropriate authority to negotiate and attempt to resolve the Dispute. Negotiation may be done remotely or at a mutually acceptable location in the venue specified below. If the Dispute has not been resolved within ten (10) business days following the original notice, unless a different period for negotiation has been agreed to by the parties, then either party may proceed with the Dispute according to the process set forth below.

These Hotel Supplier Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. If your organization is formed under the laws of the United States of America or one of its states, any Dispute not resolved by informal negotiations as provided above, must be submitted to binding arbitration. The venue for resolving any Dispute, including by arbitration, will be San Francisco, California, United States of America. Any judicial proceedings that are excluded from arbitration under this Section must be brought in state or federal court in San Francisco, California. You and Airbnb Travel both consent to venue and personal jurisdiction in San Francisco, California. Any arbitration will be administered by JAMS in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction of such Dispute. The parties acknowledge that these Hotel Supplier Terms evidence a transaction involving interstate commerce and notwithstanding the provision above with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). The parties understand that arbitration is final and binding and that, except as set forth below, they are waiving their rights to a jury trial and to other resolution processes (such as court action or administrative proceeding).

With respect to any Dispute involving Airbnb Travel’s intellectual property rights or Airbnb Travel’s confidential information, Airbnb Travel will be entitled to bring an action in a court of competent jurisdiction (which jurisdiction shall be exclusive), including an action seeking specific performance, injunction or other equitable forms of relief. The courts and venue for any such judicial proceeding will be as specified above. This Section will survive any termination of these Hotel Supplier Terms.

14. General Provisions

Together with the Airbnb Terms, these Hotel Supplier Terms constitute the entire agreement between Airbnb Travel and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Airbnb Travel and you in relation to the access to and use of the Airbnb Platform to offer hotel Accommodations. No joint venture, partnership, employment, or agency relationship exists between you and Airbnb Travel as a result of this agreement or your use of the Airbnb Platform to offer hotel Accommodations. These Hotel Supplier Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. If any provision of these Hotel Supplier Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Airbnb Travel’s failure to enforce any right or provision in these Hotel Supplier Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Hotel Supplier Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Hotel Supplier Terms or otherwise permitted under law. You may not assign, transfer or delegate this agreement and your rights and obligations hereunder without Airbnb Travel's prior written consent. Airbnb Travel may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice. Your right to terminate this agreement at any time remains unaffected.