Conditions de la Garantie dommages des hôtes pour les utilisateurs australiens

Please note: These Host Damage Protection Terms for Australian Users contain an arbitration agreement and class action waiver that applies to all claims brought against Airbnb in the United States. See Section IX, below. It affects how disputes with Airbnb are resolved. By accepting these Host Damage Protection Terms for Australian Users, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.

Where Hosts incur Eligible Losses (as defined below), their recourse is to the Responsible Guests (as defined below) in the first instance. Airbnb offers Host Damage Protection as a contractual guarantee from Airbnb for the benefit of Hosts that is triggered only after a Responsible Guest, as primary obligor, defaults on their primary performance obligation to pay Hosts under the Airbnb Terms of Service (“Terms”) for Damage Requests that they are responsible for.

Except as otherwise specifically stated in these Host Damage Protection Terms for Australian Users, and to the maximum extent permitted by applicable laws, including the Australian Consumer Law, Airbnb shall have no liability, in contract or otherwise, to the Host or other persons for damage to Eligible Property (as defined below) arising directly or indirectly from or caused by a Responsible Guest or Invitee (as defined below).

Host Damage Protection does not apply to Hosts who offer Accommodations in Japan. For Hosts who offer Accommodations in Japan, the Japan Host Insurance will apply to such Hosts, more details of which are available in the program summary. 

For Hosts who offer Accommodations in the State of Washington, all amounts payable by Airbnb under these Host Damage Protection Terms for Australian Users are secured by an insurance policy purchased by Airbnb. Such Hosts are designated as loss payees under such insurance policy. Airbnb has instructed the relevant insurance company to make direct payment to the relevant Hosts for amounts payable by Airbnb to them pursuant to these Host Damage Protection Terms for Australian Users. This insurance arrangement does not change the contractual responsibilities of any Hosts under these Host Damage Protection Terms for Australian Users, Airbnb Terms of Service, or the Airbnb Payments Terms of Service.

Host Damage Protection also does not apply to hotels and other similar categories of listings that Airbnb may specify from time to time or Hosts who contract with Airbnb Travel LLC to provide Accommodations.

These Host Damage Protection Terms for Australian Users are subject to the Australian Consumer Law. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. These Host Damage Protection Terms for Australian Users apply to the maximum extent permitted by the Australian Consumer Law.

Please read these Host Damage Protection Terms for Australian Users carefully as they contain important information about your legal rights, remedies and obligations. By posting a Listing or otherwise using the Airbnb Platform as a Host, you agree to comply with and be bound by these Host Damage Protection Terms for Australian Users.

Last updated: February 6, 2025

Airbnb may be contractually responsible to Hosts under Host Damage Protection which is subject to all terms, conditions and limitations of these Host Damage Protection Terms for Australian Users set forth below and as amended from time to time. These Host Damage Protection Terms for Australian Users apply in addition to the Terms and the Payments Terms.

All capitalized terms shall have the meaning set forth in the Terms or Payments Terms, unless otherwise defined in these Host Damage Protection Terms for Australian Users. If you acknowledge and agree to these Host Damage Protection Terms for Australian Users on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Host Damage Protection Terms for Australian Users and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Except as permitted by law, these Host Damage Protection Terms for Australian Users do not affect your statutory rights. If you would like a written copy of these Host Damage Protection Terms for Australian Users, please email us.

I. Agreements and Acknowledgments

To the extent that a Responsible Guest fails to satisfy their primary obligation under the Terms to pay you, as a Host, for Damage Requests that they are responsible for, Airbnb agrees to guarantee that obligation by paying you for physical loss or damage to your Eligible Property damaged or destroyed as a result of an Eligible Loss subject to all terms, limitations, and conditions of these Host Damage Protection Terms for Australian Users.

You acknowledge that:

• Host Damage Protection is a guarantee of the primary obligations of the Responsible Guest to pay you, as a Host, for physical loss or damage to your Eligible Property due to an Eligible Loss, and is contingent on such obligation.
• Host Damage Protection is subject to you pursuing the rights and remedies you have against the Responsible Guest and/or Invitee, or from any other party that is legally or contractually responsible for the Eligible Loss.
• Any amount which Airbnb pays to you under these Host Damage Protection Terms for Australian Users will not exceed the amount which you, as a Host, are entitled to recover from the Responsible Guest for Eligible Losses.
• Airbnb provides Hosts with the Host Damage Protection guarantee described herein solely for the principal purpose of promoting the Airbnb Platform by building customer loyalty and strengthening customer confidence as to the use of the Airbnb Platform.
• These Host Damage Protection Terms for Australian Users are not an offer to insure, do not constitute insurance or an insurance contract, and do not take the place of insurance obtained or obtainable by you. Furthermore, these Host Damage Protection Terms for Australian Users are not a tenant’s or homeowners residential insurance contract or an insurance service agreement for another line of business.
• You must comply with all of the terms and conditions of these Host Damage Protection Terms for Australian Users in order to be eligible for Airbnb, as secondary obligor, to pay for Eligible Losses not recovered from the Responsible Guest. Your failure to fully comply will prevent your recovery for any Eligible Losses under Host Damage Protection.

You agree that:

• You will use your best efforts to communicate with the Responsible Guest as soon as possible after you discover any physical loss or damage to your Eligible Property.
• You will notify Airbnb as well as the Responsible Guest about your complaint and use reasonable efforts to resolve the loss or damage with the Responsible Guest within fourteen (14) days of the Responsible Guest’s checkout date. You may fulfill this obligation by submitting a reimbursement request for the loss or damage to the Responsible Guest via the Airbnb Resolution Center within fourteen (14) days of the Responsible Guest’s check-out date as long as the reimbursement request:
• is submitted within fourteen (14) days of the Responsible Guest’s check-out date;
• is submitted with the intent to recover the amount requested from the Responsible Guest or to otherwise resolve the loss or damage with them; and
• includes your explanation to the Responsible Guest why they are responsible for the loss or damage that you are requesting they reimburse you for.
  
• If you submit a request for reimbursement under Host Damage Protection, you give Airbnb consent to review all communications between you and the Responsible Guest via the Airbnb Platform.

Airbnb has the right to deny full or partial payment under these Host Damage Protection Terms for Australian Users for your failure to comply, at all times, with your obligations under our Terms, Payments Terms, Community Policies, and Community Standards which are incorporated herein.

II. Key Defined Terms

The following capitalized terms shall have the following meanings:

“Actual Cash Value” means the amount it would cost to repair or replace damaged or destroyed Eligible Property as a result of an Eligible Loss, measured on the date of the incident that caused the Eligible Loss, with material of like kind and quality, with proper deduction for obsolescence and physical depreciation.

“Appraised Value” means the value of the property as assessed by a certified appraisal professional approved by us.

“Host Damage Protection Payment Request Form” means Airbnb’s standard form that a Host uses to request payment from Airbnb pursuant to these Host Damage Protection Terms for Australian Users, as amended from time to time, accessible through the Resolution Center or by contacting Airbnb’s customer service directly.

“Booking Income Loss” is the loss of booking income from the booked portion of an Eligible Accommodation (according to bona fide Airbnb confirmed bookings on the Airbnb Platform in force prior to the established time of loss) by you, as a Host, resulting from an Eligible Loss. Booking Income Loss does not include non-continuing charges and expenses or any loss of booking income during any period in which the Eligible Accommodation would not have been tenantable for any reason other than an Eligible Loss. The Booking Income Loss will be measured starting from the time of occurrence of the Eligible Loss and ending when the Eligible Accommodation can be made ready for habitation under the same or equivalent physical and operating conditions that existed prior to the damage.

“Eligible Accommodation” means an Accommodation located in the Territory that can be used as a residence and that is (i) owned or legally controlled by you as a Host during the period of the Responsible Guest’s stay at such Accommodation and (ii) listed by you on the Airbnb Platform and booked by such Responsible Guest in compliance with the Terms. A vehicle (including, but not limited to, automobiles, scooters, vespas, and motorcycles) or a watercraft (including, but not limited to, boats, yachts, jet skis and similar craft) booked through the Airbnb Platform constitutes an “Eligible Accommodation” only to the extent it is stationary and used solely for lodging purposes.

“Eligible Losses” means and is limited to:

(i) Direct physical loss or physical damage to a Host’s Eligible Property caused by a Responsible Guest or Invitee during an Airbnb stay.

(ii) Direct physical loss or physical damage to a Host’s Eligible Property caused by a pet owned or controlled by a Responsible Guest or Invitee during an Airbnb stay.

(iii) Additional reasonable, customary and unexpected cleaning costs incurred to clean stains from a Host’s Eligible Property which results from the actions of a Responsible Guest or Invitee during an Airbnb stay.

(iv) Additional reasonable, customary and unexpected cleaning costs incurred to remove smoke odors from a Host’s Eligible Property which result from a Responsible Guest or Invitee smoking (including, but not limited to, tobacco, cannabis, e-cigarettes, etc.) in the Eligible Accommodation during an Airbnb stay and in violation of a Host’s House Rules.

(v) Additional reasonable, customary and unexpected cleaning costs incurred to clean a Host’s Eligible Property which results from having Unauthorized Invitees at the Eligible Accommodation during an Airbnb stay.

(vi) Additional reasonable, customary and unexpected cleaning costs incurred to clean pet bodily fluid stains from a Host’s Eligible Property which results from having a pet owned or controlled by a Responsible Guest or Invitee during an Airbnb stay.

(vii) Additional reasonable, customary and unexpected cleaning costs incurred to clean a Host’s Eligible Property which results from having a pet owned or controlled by a Responsible Guest or Invitee at the Eligible Accommodation or any part of the Eligible Accommodation during an Airbnb stay in violation of a Host’s House Rules.

For subsections (iii) through (vii) immediately above, only cleaning costs in excess of cleaning fees paid to or charged by a Host will be paid.

Eligible Losses do not include any losses or damage described under Ineligible Losses below.

“Eligible Motor Vehicle” means a self-propelled vehicle owned by you, including cars, trucks, tractors, trailers, vans, sport utility vehicles, buses, campers, motor homes, motorcycles and other motor vehicles, and excludes large commercial vehicles such as heavy goods vehicles, tractor-trailers, or similar.

“Eligible Property” means and is limited to the following property located at an Eligible Accommodation to the extent of your interest in such property, unless such property constitutes Ineligible Property (as defined below):

A. Real property, including new buildings and additions under construction located at the site of such Eligible Accommodation, in which you have an economic interest.

B. Personal property that is:

• owned by you, including your interest as a tenant in improvements and betterments;
• not owned by you, but is in your custody and for which you are under obligation to keep the personal property insured for physical loss or damage; or
• not owned by you, but is in your custody and for which you are responsible for physical loss or damage to the property.

“Eligible Watercraft” means watercraft owned by you, including boats, yachts, kayaks and jet skis, and excludes any large commercial watercraft such as container ships, cruise liners and similar.

“Ineligible Losses” has the meaning set forth in Section III below.

“Ineligible Property” means any of the following:

1. Currency, money, precious metal in bullion form, notes or securities.

2. Land or any other substance in or on land, including any fill or land beneath land improvements consisting of landscape gardening, roadways, or pavements but not including such land improvements themselves.

3. Water, unless the water is contained within any enclosed tank, piping system or any other processing equipment.

4. Animals, including, but not limited to, livestock and pets.

5. Standing timber; growing crops.

6. Watercraft (including, but not limited to, Eligible Watercraft), aircraft, spacecraft, and satellites, unless such vessel is an:

(a) Eligible Accommodation or

(b) Eligible Watercraft, that, at the time of the loss, is either

(i) parked or not being moved away from its usual secured dock; or

(ii) damaged or destroyed due to a violation of law or criminal act or theft or misdemeanor committed by a Responsible Guest or Invitee.

7. Vehicles (including, but not limited to, Eligible Motor Vehicles) unless such vehicle is an:

(a) Eligible Accommodation or

(b) Eligible Motor Vehicle, that, at the time of the loss, is either

(i) parked or not being moved; or

(ii) damaged or destroyed due to a violation of law or criminal act or theft or misdemeanor committed by a Responsible Guest or Invitee.

8. Underground mines or mine shafts or any property within such mine or shaft.

9. Dams, dikes and levees.

10. Property in transit, except as otherwise provided by these Host Damage Protection Terms for Australian Users.

11. Transmission and distribution lines beyond 1,000 feet of the Eligible Accommodation.

12. Any damage to any property that is not in, at, or on an Eligible Accommodation.

13. Real property owned by a party other than you and that you do not control.

14. Weapons, including but not limited to standard firearms, air guns, self-defense or deterrent devices such as tasers or pepper spray, ammunition of any kind and imitation firearms except if such weapons are stored, secured and disclosed in accordance with Airbnb’s Community Standards and Community Policies.

15. Security cameras and other recording devices including, but not limited to, Wi-Fi cameras (for example, Nest Cam or Dropcam), nanny cameras, web cameras in computer monitors, baby monitors, mounted or installed surveillance systems, decibel and device monitors, and smart phones with video and/or audio recording unless such devices conform with Airbnb’s Community Standards and Community Policies.

“Fine Arts and Valuables” means paintings; etchings; printed photos; pictures; tapestries; rare or art glass; art glass windows, valuable rugs; statuary; sculptures; antique furniture; antique jewelry; bric-a-brac; porcelains; coins (excluding circulating legal tender); other collectibles; stamps; furs; jewelry; precious stones; precious metals; and similar property of rarity, historical value, or artistic merit. “Fine Arts and Valuables” does not include automobiles, watercraft, aircraft, money, or securities.

“Household Linens” mean fabric household goods intended for daily use, such as bedding, tablecloths, towels, curtains, and similar. Household Linens do not include upholstery fabric or carpeting.

“House Rules” mean a Host’s rules and restrictions relating to the use, access, or occupancy of the Host’s Eligible Accommodation identified in the applicable Listing at the time of booking by the Responsible Guest.

“Invitee” means a person invited to be present at an Eligible Accommodation by a Responsible Guest. Invitee does not include anyone present at an Eligible Accommodation who:

• has contracted through Airbnb to provide Host Services; and
• is invited to the Eligible Accommodation for the purpose of providing such Host Services.

“Limit” means three million US dollars (US $3,000,000), or its equivalent in the currency where the Eligible Accommodation is located at the exchange rate applicable on the date of payment by Airbnb under these Host Damage Protection Terms for Australian Users.

“Responsible Guest” means the Guest who booked your Eligible Accommodation for the period during which you incurred the Eligible Losses.

“Territory” means the countries where the Airbnb Platform allows Accommodations and Host Damage Protection is available. Any Territory where Host Damage Protection is not available will be disclosed on the Host Damage Protection landing page.

“Unauthorized Invitees” means one or more Invitees of a Responsible Guest or one or more persons allowed by a Responsible Guest to be present at the Eligible Accommodation that exceed the number of additional guests included in the booking of the applicable Listing unless permitted by the Host’s House Rules or otherwise approved by the Host before or during the course of the booking period shown in the applicable Listing.

“Wear and Tear” means the deterioration in condition of property over time due to use, age, lack of maintenance, or any combination of these.

III. Limitations

Airbnb does not pay for any of the following (“Ineligible Losses”):

1. any losses caused by a Guest or Invitee after the expiration of the booking period shown in the applicable Listing.

2. any loss, cost, damage, claim, fee, liability or expense for Eligible Property, which arises out of any one booking of an Eligible Accommodation by a Guest, in excess of the Limit.

3. in the case of Fine Arts and Valuables, losses or damages if the Fine Arts and Valuables cannot be replaced with other of like kind and quality and any loss or damage from any repairing, restoration or retouching process.

4. any loss, damage, cost, claim, fee, liability or expense directly or indirectly caused by or resulting from any of the following:

a. Ineligible Property;

b. acts of nature, including, but not limited to, earthquakes and weather related events such as hurricanes and tornadoes;

c. excessive use of electricity, gas, fuel, water or other utilities provided for the Eligible Accommodation;

d. indirect or remote causes;

e.interruption of business, loss of market and/or loss of use, except Booking Income Loss;

f. loss, damage, or deterioration arising from any delay;

g. mysterious disappearance, loss, or shortage disclosed on taking inventory, or any unexplained loss of inventory;

h. enforcement of any law or ordinance (i) regulating the construction, repair, replacement, use or removal of any property, including removal of debris, or (ii) requiring the demolition of any property, including the cost of removing its debris;

i. animals, including injuries to animals, veterinary care, boarding, medications, and all other services associated with animals except for damage caused by pets as described in subsections (ii), (vi) and (vii) under the definition of Eligible Losses;

j. identity theft or identity fraud;

k. the authorized use of Eligible Watercraft or Eligible Motor Vehicles other than where they are solely used as an Eligible Accommodation; or

l. an Experience or Adventure offered on the Airbnb Platform.

5. any loss, damage or expense directly or indirectly caused by or resulting from any of the following, regardless of any other cause or event contributing thereto:

a. any hostile act or act of war, terrorism, insurrection or rebellion;

b. actual or threatened malicious use of poisonous biological or chemical materials;

c. nuclear reaction or radiation or radioactive contamination;

d. seizure or destruction under quarantine or custom regulation, or confiscation by order of any governmental or public authority;

e. contraband, or illegal transportation or trade;

f. any dishonest act, including but not limited to theft, committed by you or any persons or entities retained by you to do anything in connection with Eligible Property, unless such persons or entities are a Responsible Guest or Invitee and such act is done without your knowledge; or

g. lack of electricity, fuel, water, gas, steam, refrigerant, sewerage, telephone or internet services due to external factors.

6. any loss, damage, cost or expense caused by or resulting from stains to Household Linens. This limitation does not apply to stains to Household Linens:

a. caused by or resulting from having Unauthorized Invitees at the Eligible Accommodation during an Airbnb stay;

b. caused by or resulting from having a pet owned or controlled by a Responsible Guest or Invitee at the Eligible Accommodation or any part of the Eligible Accommodation during an Airbnb stay and in violation of a Host’s House Rules; or

c. intentionally caused by a Responsible Guest or Invitee.

7. any loss, damage, or expense caused by:

a. faulty workmanship, material, construction or design from any cause;

b. deterioration, depletion, rust, corrosion or erosion, inherent vice or latent defect;

c. Wear and Tear;

d. settling, cracking, shrinking, bulging, or expansion of foundations, floors, pavements, walls, ceilings or roofs;

e. changes of temperature or relative humidity; or

f. damage caused by insects, animals or vermin except for damage caused by pets as described in subsections (ii), (vi) and (vii) under the definition of Eligible Losses provided that any physical damage resulting from any of the causes listed under this paragraph 7 will be eligible for Host Damage Protection if not otherwise ineligible under these Host Damage Protection Terms.

8. any loss, damage, claim, cost, expense or other sums directly or indirectly arising out of or relating to mold, mildew, fungus, spores, virus, bacterium, or other microorganism of any type, nature, or description, including but not limited to any substance whose presence poses an actual or potential threat to human health. The foregoing applies even if there is (i) any physical loss or damage to Eligible Property; (ii) any peril or cause eligible hereunder, whether or not contributing concurrently or in any sequence; (iii) any loss of use, occupancy, or functionality; or (iv) any action required, including but not limited to, repair, replacement, removal, cleanup, abatement, disposal, relocation, or steps taken to address medical or legal concerns.

9. any fees that may be charged to a Guest by a Host for additional individuals invited to, or otherwise provided access to, the Eligible Accommodation who are not included in the Guest’s booking of such Eligible Accommodation.

10. costs arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate, any and all Electronic Data. “Electronic Data” means information, facts or programs, stored as or on, created or used on, or transmitted to or from any Electronic Media. “Electronic Media” means computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment.

11. any losses or damages not recoverable from the Responsible Guest and/or Invitee under the Terms.

IV. Conditions to Host Damage Protection

In order to be eligible to obtain payment under these Host Damage Protection Terms for Australian Users, you must fully comply, and demonstrate your compliance, with each of the following conditions. Your failure to fully comply will prevent your recovery of any Eligible Losses.

You must have incurred Eligible Losses.

You must notify Airbnb as well as the Responsible Guest about your complaint and use reasonable efforts to resolve the loss or damage with the Responsible Guest within fourteen (14) days of the Responsible Guest’s check-out date. You may fulfill this obligation by submitting a reimbursement request for the loss or damage via the Airbnb Resolution Center as long as the reimbursement request:

• is submitted within fourteen (14) days of the Responsible Guest’s check-out date;

• is submitted with the intent to recover the amount requested from the Responsible Guest or to otherwise resolve the loss or damage with them; and

• includes your explanation to the Responsible Guest why they are responsible for the loss or damage that you are requesting they reimburse you for.

In the event the Responsible Guest fails to pay the amount requested for the loss or damage to your Eligible Property pursuant to the Responsible Guest’s obligations under the Terms, you may make a reimbursement request to Airbnb under Host Damage Protection by submitting a Host Damage Protection Payment Request Form.

You must not have misrepresented any facts or committed fraud or any other dishonest or deceptive act in connection with the booking of the Eligible Accommodation or the preparation or submission of any payment request under these Host Damage Protection Terms for Australian Users. Any such misrepresentation, fraud, dishonest or deceptive act by you, at any time, will result in denial of all pending payment requests under these Host Damage Protection Terms for Australian Users and immediate termination of these Host Damage Protection Terms for Australian Users as they relate to you, notwithstanding Section VI below.

Within thirty (30) days after you have incurred an Eligible Loss you must (i) complete and file a Host Damage Protection Payment Request Form and (ii) provide us with documents and information supporting the existence, extent, and amount of the Eligible Loss that includes the following:

• The time, cause and origin of the Eligible Loss, and evidence and proof of such loss in the form of receipts, photographs, videos, documents and other verifiable forms of proof.
• A complete inventory of the lost, destroyed or damaged Eligible Property with descriptions of the make and model, including the date you purchased or acquired the item, the condition at the time of the loss or damage, and the estimated cost to repair or replace along with receipts or related documents that justify the figures in the inventory.
• Detailed repair estimates in the case of physical damage or loss to Eligible Property consisting of real property.
• Receipts, bills, or invoices for additional, reasonable, customary and unexpected cleaning costs incurred to clean Eligible Property as described in subsections (iii) through (vii) under the definition of Eligible Losses.
• The total amount of the Eligible Loss that is the subject of the payment request.
• All information that Airbnb reasonably requests to determine the amount of the loss with respect to Eligible Property.

You must also:

• Provide Airbnb with proof of ownership of, or legal responsibility for, the Eligible Property in the form of receipts, photographs, videos, documents or other customary forms of proof (including, but not limited to, appraisal or valuation forms or notices addressed to you) certified by you as true and correct and reasonably acceptable to Airbnb.
• In case of loss or damage to Eligible Property due to violation of law or criminal act or theft or misdemeanor and for which you are filing a Host Damage Protection Payment Request Form, file a police report listing such Eligible Property and provide Airbnb with a copy of such report, certified by you as true and correct.
• Protect and preserve damaged Eligible Property from further loss or damage.
• As often as may be reasonably requested by Airbnb or its designees (i) exhibit all that remains of any damaged Eligible Property and sign the written records of examination; (ii) produce for examination all books of accounts, business records, bills, invoices, and vouchers (either originals or certified copies if originals are lost) and (iii) permit extracts and machine copies to be made of the above.
• Permit Airbnb or its designee(s) to make inspections of the Eligible Property at all reasonable times. However, the right to make inspections, the making of inspections, and any analysis, advice, or inspection report will not constitute an undertaking by Airbnb or Airbnb’s insurer (where applicable) to determine or warrant that damaged Eligible Property is safe or healthful. We will have no liability to you or any other person because of any inspection or failure to inspect.
• Cooperate with Airbnb, including signing any documents, and timely responding to any reasonable requests for additional information or documentation that Airbnb or its designees may require or request to process the applicable Host Damage Protection Payment Request Form.

Airbnb and/or its insurer (where applicable) reserve the right but do not have the obligation to independently investigate (or to have independently investigated) at our sole discretion and expense, the facts and circumstances of a payment request set forth in any Host Damage Protection Payment Request Form that you file with Airbnb, notwithstanding your delivery of all information and documentation that you are required to provide Airbnb in order to comply with the conditions set forth in this Section IV.

If testing is required to show which property is physically damaged, you will retain full rights to the possession and control of damaged Eligible Property once that proper testing is completed. You, using reasonable judgment, will decide if the physically damaged Eligible Property can be reprocessed or sold. If you determine that the Eligible Property is unfit for reprocessing or sale, the property will not be sold or disposed of except by you or with your consent. Proceeds from the sale or other disposition of such Eligible Property will go to (i) Airbnb’s insurer (if applicable) at the time of the Eligible Loss settlement, or (ii) you if such sale or disposition proceeds are received prior to Eligible Loss settlement and such proceeds will reduce the amount of the Eligible Loss payable to you.

These Host Damage Protection Terms for Australian Users constitute a guarantee agreement and as such, the principle of exoneration applies. Thus, if the Eligible Property in question or the risk associated with that Eligible Property changes materially, Airbnb will be entitled to exoneration with respect to any potential guarantee obligation under these Host Damage Protection Terms for Australian Users.

V. Disposition of Host Payment Requests

Host Damage Protection Payment Request Form

Airbnb will complete its processing of any Host Damage Protection Payment Request Form that you file within a reasonable period following the date you have (a) completed and filed a Host Damage Protection Payment Request Form, and (b) provided Airbnb with all information and documentation that you are required to provide to comply with the conditions set forth in Section IV Conditions to Host Damage Protection above. In any event, we will use commercially reasonable efforts to complete processing of your Host Damage Protection Payment Request Form within three (3) months after our receipt of such information and documentation. If you receive an Approved Payment Request (as defined below), then as a condition to payment to you under Host Damage Protection, you will be required to execute and deliver to Airbnb the “Host Damage Protection Approved Payment Request Agreement”, which includes your agreement:

1. to assign to Airbnb or its insurer (if applicable) any rights and remedies you may have to recover amounts paid to you with respect to an Approved Payment Request (defined below) from the Responsible Guest, an Invitee, or from any other party that is contractually or legally responsible for the Eligible Losses which are the subject of the Approved Payment Request;
2. to reasonably cooperate with us, including, at our request, appearing as a witness in any court, arbitration or like proceeding, if we seek to recover the amount paid to you with respect to the Approved Payment Request from the Responsible Guest, an Invitee, or from any other party;
3. to release and hold harmless Airbnb and its insurer (if applicable) and all officers, directors, employees, contractors and agents of Airbnb from any further liability or obligations with respect to the facts and circumstances of the matters and incident set forth in the Host Damage Protection Payment Request Form;
4. if requested, to treat as “confidential information” the amount of any payment made under Host Damage Protection; and
5. to refund to us any amounts in excess of the Eligible Loss in the Approved Payment Request as a result of a systems or payment processing error.

The duration of the processing period of any Host Damage Protection Payment Request Form that you file will depend on factors that include, but are not limited to: (i) the amount of payment that you are requesting for the Eligible Loss; (ii) the location of the Eligible Accommodation; (iii) the nature of the Eligible Property and the nature of the Eligible Losses; (iv) the completeness and type of information and documentation that you provide Airbnb regarding the Eligible Losses; and (v) the number of Host Damage Protection Payment Request Forms that are currently being processed for other Hosts.

Approved Payment Request

If you have filed a Host Damage Protection Payment Request Form and such a payment request is approved in whole or in part for an Eligible Loss (any such approved payment request, an “Approved Payment Request”), you will be paid the amount of the Eligible Loss as calculated by Airbnb or its designees. The process for such calculation of Eligible Losses is described under “Determination of the Amount of the Eligible Loss” below. You will be notified by Airbnb and, as a condition of payment hereunder, you will be required to deliver to Airbnb an executed Host Damage Protection Approved Payment Request Agreement. Airbnb or its designees may use third party service providers to assist in the processing of Host Damage Protection Payment Request Forms and the investigation and evaluation of payment requests relating thereto.

For an Approved Payment Request that involves Eligible Losses to Eligible Property that is owned by a party other than you, we reserve the right, in our sole discretion, to pay all or a portion of the amount covered in such Approved Payment Request either to you or directly to the owner of such Eligible Property. If a Host Damage Protection payment for all or a portion of such amount is made directly to the owner of such Eligible Property, then you agree that such payment will be treated for purpose of the Approved Payment Request as being paid to you directly, and that you will be solely responsible for collecting from the owner of such Eligible Property any portion of such payment to which you believe you are legally entitled. For clarity, your indemnification obligations set forth below under the paragraph entitled “Host’s Indemnification Obligations” will apply to claims arising from any payments made pursuant to Host Damage Protection, including without limitation any payments made directly to the owner of any Eligible Property.

Determination of the Amount of the Eligible Loss

The amount of Eligible Losses will be computed as of the date of loss, at the location of the loss, and for not more than your interest, subject to the following:

1. For the following items, the Eligible Losses are calculated as follows:
   1. On exposed films, records, manuscripts, drawings, and Electronic Media, the value blank plus the cost of copying information from back-up or from originals of a previous generation. Costs of research, engineering, or restoring or recreating lost information or Electronic Data will not be paid.
   2. On Fine Arts and Valuables, the lesser of (i) the reasonable and necessary cost to repair or restore such property to the physical condition that existed on the date of loss; (ii) the cost to replace the property; or (iii) the current Appraised Value.
   3. For Eligible Motor Vehicles and Eligible Watercraft, the lesser of (i) the reasonable and necessary cost to repair or restore such Eligible Motor Vehicle or Eligible Watercraft to the physical condition that existed on the date of loss; or (ii) the Actual Cash Value.
   4. For all Eligible Property (other than that described in paragraphs a., b., and c. above), the loss amount will be the lesser of (i) the Actual Cash Value; (ii) the cost to repair such damaged Eligible Property; (iii) the cost to rebuild or replace such Eligible Property on the same site with new materials of like size, kind, and quality; (iv) the cost to rebuild, repair, or replace on the same or another site, but not to exceed the size and operating capacity that existed on the date of the Eligible Loss; or (v) the cost to replace unrepairable electrical or mechanical equipment, including computer equipment and Electronic Media, with equipment that is the most functionally equivalent to that damaged or destroyed, even if such equipment has technological advantages and/or represents an improvement in function and/or forms part of a program of system enhancement.
2. Any amount of any Eligible Losses payable under Host Damage Protection will be reduced by the amount already paid to you or for your benefit for the same Eligible Losses from a source other than Host Damage Protection, including without limitation: (i) amounts received under an insurance policy, guarantee or indemnity; (ii) a security deposit; or (iii) payment directly by the Responsible Guest or an Invitee, or other party or an insurer or guarantor of such party, the intent being that Airbnb shall provide this contractual guarantee under these Host Damage Protection Terms only if you incur an Eligible Loss not otherwise recovered elsewhere.
3. Eligible Losses will be paid in the currency of the United States of America unless, in Airbnb’s sole discretion, Airbnb elects to pay losses in a different currency. If currency conversions are required, we use a system-wide rate, known as the base exchange rate, for currency conversion using data from one or more third parties, such as OANDA (www.oanda.com).
4. Any amount of any Eligible Losses payable under Host Damage Protection will not exceed the amount which would otherwise be recoverable by you, as a Host, from the Responsible Guest and/or Invitee under the Terms.

Host Damage Protection is not an insurance policy. To the extent you desire protection beyond the Host Damage Protection, Airbnb strongly encourages you to purchase insurance that will cover you and your property for losses caused by Guests or Guests’ invitees in the event your loss is not an Eligible Loss within these Host Damage Protection Terms for Australian Users.

VI. Modification or Termination of Host Damage Protection Terms for Australian Users

To the extent permissible by applicable law in your jurisdiction, Airbnb reserves the right to modify or terminate these Host Damage Protection Terms for Australian Users, at any time and will post the revised Host Damage Protection Terms for Australian Users on the Airbnb Platform.  When we make material changes, we will provide you with notice of any material changes at least thirty (30) days before they become effective. If you disagree with the revised Host Damage Protection Terms for Australian Users, you may terminate this Agreement immediately as provided in the Terms. If you do not terminate your Agreement before the date the revised Host Damage Protection Terms for Australian Users become effective, your continued access to or use of the Airbnb Platform will constitute acceptance of the revised Host Damage Protection Terms for Australian Users. 

If Airbnb terminates these Host Damage Protection Terms for Australian Users, Airbnb will provide you with notice by email at least thirty (30) days before such termination and Airbnb will continue to process all Host Damage Protection Payment Request Forms that you filed prior to the effective date of termination, but your right to file any new Host Damage Protection Payment Request Forms will immediately terminate. 

If Airbnb modifies these Host Damage Protection Terms for Australian Users, we will continue to process all Host Damage Protection Payment Request Forms that you filed prior to the effective date of the modification in accordance with the version of the Host Damage Protection Terms for Australian Users applicable to you at the time at which you filed those Host Damage Protection Payment Request Forms. 

In addition to and without limiting Airbnb’s rights set forth above in the immediately preceding paragraph or under the Terms, Airbnb reserves the right to modify or terminate these Host Damage Protection Terms for Australian Users generally or in any jurisdiction, at any time, in its sole discretion, on reasonable notice to you, if: (i) these Host Damage Protection Terms for Australian Users are construed to be an offer to insure or constitute insurance or an insurance contract or insurance service agreement by any governmental or regulatory authority in any jurisdiction; (ii) Airbnb is required to obtain an authorization, license or permit of any kind to continue to provide these Host Damage Protection Terms for Australian Users in any jurisdiction; or (iii) Airbnb determines or a court or arbitrator holds that the provisions of these Host Damage Protection Terms for Australian Users violate applicable law. If Airbnb modifies or terminates these Host Damage Protection Terms for Australian Users in accordance with the foregoing, Airbnb will process all Host Damage Protection Payment Request Forms that you file prior to or as of the effective date of such modification or termination unless such processing is prohibited by law, regulation, ordinance, order, or decree of any governmental or other authority. 

The current version of the Host Damage Protection Terms for Australian Users will be made available through the Airbnb website and application. The relevant version is the one prevailing at the date on which Airbnb receives the Host Damage Protection Payment Request Form. 

VII. Subrogation

Airbnb and/or Airbnb’s insurer (if applicable) have the right to subrogate against any person or entity whatsoever who allegedly is responsible for causing the losses or damages to the Eligible Property, which may include any and all rights you, as a Host, may have against the Responsible Guest, an Invitee or any other third party under the Terms. Further, you hereby agree that, with respect to any payments made under Host Damage Protection by, or on behalf of, Airbnb, you will assist in and cooperate fully with Airbnb regarding any and all efforts at subrogation.

VIII. Disclaimers and Limitations of Liability

To the maximum extent permitted by law, no party, including Airbnb’s affiliates and personnel, or any other party involved in creating, producing, or delivering the Airbnb Platform or any Content, will be liable for any incidental, special, exemplary or consequential damages. Incidental, special, exemplary or consequential damages include, to the maximum extent permitted by law, lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services. Neither is Airbnb liable nor any other party liable, to the extent permitted by law, for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Host Damage Protection Terms for Australian Users, (ii) the use of or inability to use the Airbnb Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Airbnb Platform, or (iv) the publishing or booking of a Listing, including the provision or use of Host 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 out in these Host Damage Protection Terms for Australian Users is found to have failed of its essential purpose.

Except for Airbnb’s obligation to pay amounts to you pursuant to an Approved Payment Request under these Host Damage Protection Terms for Australian Users and Airbnb’s wilful breach of these Host Damage Protection Terms for Australian Users , to the maximum extent permitted by law, in no event shall Airbnb’s aggregate liability for any claim or dispute arising out of or in connection with these Host Damage Protection Terms for Australian Users, interaction with any Members, or use of or inability to use the Airbnb Platform, any Content or any Host Service exceed three (3) times the amount paid to you for the relevant Reservation(s) giving rise to the liability.

Except in the case of your wilful breach of these Host Damage Protection Terms for Australian Users, and Airbnb’s right to recover any amounts paid to you or payable to you pursuant to an Approved Payment Request in accordance with these Host Damage Protection Terms for Australian Users (including by way of deduction or offset), to the maximum extent permitted by law, in no event shall your liability to Airbnb or any other party involved in creating, producing, or delivering the Airbnb Platform or any Content for any claim or dispute arising out of or in connection with these Host Damage Protection Terms for Australian Users, interaction with any Member, or use of or inability to use the Airbnb Platform, any Content, or any Host Service exceed three (3) times the amount paid to you for the relevant Reservation(s) giving rise to the liability.

If you reside in the EU, this Section VIII Disclaimers and Limitations of Liability does not limit Airbnb’s statutory liability for intentional and gross negligence by us, our legal representatives, directors or other vicarious agents. 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. Airbnb is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors or other vicarious agents. Essential contractual obligations are such duties of Airbnb in whose proper fulfillment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of Airbnb is excluded.

IX. Dispute Resolution and Arbitration Agreement

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND AIRBNB AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER. This Arbitration Agreement supersedes all prior versions.

1. Application. This Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against Airbnb in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section IX applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.
2. Overview of Dispute Resolution Process. Airbnb is committed to participating in a consumer-friendly dispute resolution process. To that end, these Host Damage Protection Terms for Australian Users provide for a two-part process for individuals to whom this Section IX applies: (1) an informal negotiation directly with Airbnb’s customer service team (described in Section IX.3 below), and if necessary (2) a binding arbitration in accordance with the terms of this Arbitration Agreement. You and Airbnb each retain the right to seek relief in small claims court as an alternative to arbitration.
3. Mandatory Pre-Arbitration Dispute Resolution and Notification. At least thirty (30) days prior to initiating an arbitration, you and Airbnb each agree to send the other party an individualized notice of the dispute in writing (“Pre-Dispute Notice”) and attempt in good faith to negotiate an informal resolution of the individual claim. You must send your Pre-Dispute Notice to Airbnb by mailing it to Airbnb’s agent for service: CSC Lawyers Incorporating Service, 2710 Gateway Oaks Drive, Suite 150N, Sacramento, California 95833. Airbnb will send its Pre-Dispute Notice to the email address associated with your Airbnb account. A Pre-Dispute Notice must include: the date, your name, mailing address, your Airbnb username, the email address used to set up your Airbnb account, your signature, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written demand for arbitration with the arbitration provider designated pursuant to Section IX.6, below. A claimant’s Pre-Dispute Notice requirement is a prerequisite to any arbitration, and a copy of the Pre-Dispute Notice and evidence that it was sent as required by this Section must be attached to any arbitration demand.
4. Agreement to Arbitrate; Delegation. You and Airbnb mutually agree that any dispute, claim or controversy arising out of or relating to these Host Damage Protection Terms for Australian Users or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Airbnb Platform, Host Services, or any Content (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Airbnb agree that the arbitrator will decide that issue. For the avoidance of doubt, you and Airbnb agree that any question regarding arbitrability and the formation, enforceability, validity, scope, or interpretation of all or part of this Section IX, including any dispute over compliance with the Pre-Dispute Notice requirement and a party’s responsibility to pay arbitration fees, shall be resolved exclusively by an arbitrator.
5. Exceptions to Arbitration Agreement. You and Airbnb 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 21 of the Terms): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) 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); (iii) a request for the remedy of public injunctive relief; (iv) any claim or cause of action for vexatious litigation; or (v) any individual claim of sexual assault or sexual harassment arising from your use of the Airbnb Platform or Host Services. You and Airbnb agree that any request for the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.
6. Arbitration Forum, Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this Arbitration Agreement, and not state law. The arbitration will be administered by ADR Services, Inc. (“ADR”) (www.adrservices.com) in accordance with the Rules 1, 6-7, 8-9, and 11-12, 45, 54, and 56 of the Federal Rules of Civil Procedure (“Selected Federal Rules”) (https://www.uscourts.gov/rules-policies/current-rules-practice-procedure/federal-rules-civil-procedure) and ADR’s Arbitration Rules then in effect (the “ADR Rules”), except as the Selected Federal Rules or ADR Rules are modified by or conflict with this Arbitration Agreement. The ADR Rules are available at www.adrservices.com. If an arbitration demand is submitted to ADR Services in accordance with this agreement and the ADR Rules, and ADR Services cannot or will not administer the arbitration, the arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Selected Federal Rules and the AAA’s Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org. If the AAA cannot and will not administer the arbitration, you and Airbnb shall confer and select an alternative arbitral forum, and if we are unable to agree, either you or Airbnb may ask a court to appoint an arbitrator pursuant to 9 U.S.C. § 5. In that event, the arbitration will be conducted in accordance with the rules of the appointed arbitral forum, unless those rules are inconsistent with the provisions of this Arbitration Agreement.
7. Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration cost-effective, efficient, and convenient, any required arbitration hearing wherein the amount in controversy does not exceed US $1,000,000 shall be conducted remotely via video conference except as otherwise agreed by the parties or instructed by the arbitrator. Any required arbitration hearing in an arbitration wherein the amount in controversy exceeds US $1,000,000 shall be conducted in San Francisco County except as otherwise agreed by the parties or instructed by the arbitrator. If the amount in controversy is US $10,000 or less, the parties agree to proceed solely on the submission of documents to the arbitrator, provided the arbitrator has discretion to decide to hold a hearing in response to the reasonable and proportionate request from a party.
8. Modification of Arbitration Rules - Arbitration Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the ADR Rules and the ADR Services fee schedule (available at www.adrservices.com). If you have a gross monthly income of less than 300% of the federal poverty guidelines, you are entitled to a waiver of arbitration fees and costs, exclusive of arbitrator fees. You may request a fee waiver by providing the arbitration provider with a declaration under oath stating your monthly income and the number of persons in your household. If a fee waiver is granted by the arbitration provider and you provide Airbnb with documents necessary to prove that your gross monthly income is less than 300% of the federal poverty guidelines, Airbnb will pay your share of any arbitrator fees.
9. Modification of Arbitration Rules - Claims Brought for an Improper Purpose or In Violation of This Arbitration Agreement. Either party may make a request that the arbitrator impose sanctions upon proving that the other party or its attorney(s) has asserted a claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous. As allowed by applicable law, the arbitrator shall impose sanctions equal to the requesting party’s reasonable attorneys’ fees and costs upon finding that a claim or defense is groundless in fact or law, brought in bad faith or for the purpose of harassment, asserted in violation of Fed. R. Civ. P. 11(b) (treating the arbitrator as “the court”), or is otherwise frivolous. Either party may seek dismissal of any arbitration filed in violation of any provision of this Arbitration Agreement. Either party may assert in arbitration a counterclaim for the other party’s initiation of proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of this Arbitration Agreement. Upon finding that a party has initiated proceedings concerning an arbitrable Dispute without complying with or otherwise in violation of the requirements of this Arbitration Agreement, the arbitrator shall award the other party its actual damages, including but not limited to reasonable attorneys’ fees and costs.
10. Arbitrator’s Decision. The arbitrator will issue a written decision which shall include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the ADR Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
11. Jury Trial Waiver. You and Airbnb acknowledge and agree that both parties are waiving the right to a trial by jury as to all arbitrable Disputes.
12. No Class Actions or Representative Proceedings. You and Airbnb acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing or as provided in this agreement, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
13. Mass Action Waiver. You and Airbnb acknowledge and agree that the relative benefits and efficiencies of arbitration may be lost when 100 or more arbitration claims are filed within 180 days which (1) involve the same or similarly situated parties; (2) are based on the same or similar claims which arise from the same or substantially identical transactions, incidents, alleged violations or events requiring the determination of the same or substantially identical questions of law or fact; and (3) involve the same or coordinated counsel for the parties (“Mass Action”). Accordingly, you and Airbnb agree to waive the right to have any Dispute administered, arbitrated, or resolved as part of a Mass Action (though Section 21 of the Terms and Section IX.12 of these Host Damage Protection Terms for Australian Users will continue to apply to the Dispute). In case of a dispute, the appointed arbitrator for the first matter instituted within a set of claims identified by either party shall decide whether those claims are part of a Mass Action. If no arbitrator has yet been appointed, an arbitrator shall be appointed solely to determine whether claims identified by either party are part of a Mass Action. Nothing in this provision prevents you or Airbnb from participating in a mass settlement of claims.
14. Modification of Arbitration Rules – Mass Action Batching Requirements. If for any reason, notwithstanding Section IX.13, an arbitration proceeds as part of a Mass Action, the parties shall group the arbitration demands into batches of no more than 200. The batches shall be determined by listing the claimants’ alphabetically (by last name or business name, as applicable)—for example, the first 200 claimants listed will be the first batch, the next 200 claimants listed will be the second batch, and so forth. The parties shall randomly assign each batch a sequential number and arbitrate the batches one at a time, in sequential order. While one batch is being arbitrated, the arbitration provider shall hold the remainder in abeyance unless otherwise agreed by the parties or instructed by the arbitration provider. Each batch shall be resolved within 240 days of the pre-hearing conference for that batch. Notwithstanding the foregoing, if any claimant’s demand has not been the subject of a pre-hearing conference within 2 years of the latest-filed demand in the Mass Action, such claimant may elect to pursue the claims asserted in the claimant’s demand in court subject to Section 21 of the Terms and Section IX.12 of these Host Damage Protection Terms for Australian Users.
15. Modifications of Arbitration Rules - Offers of Judgment. At least ten (10) days before the date set for the arbitration hearing, you or Airbnb may serve a written offer of judgment on the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitration provider, who shall issue an award accordingly. If the offer is not accepted prior to the arbitration hearing or within thirty (30) days after it is made, whichever occurs first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration, other than with respect to costs (including all fees paid to the arbitration provider). If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs (including all fees paid to the arbitration provider) from the time of the offer.
16. Severability. Except as provided in Section IX.12, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.
17. Amendment to Agreement to Arbitrate. If Airbnb amends this Section IX after the date you last accepted these Host Damage Protection Terms for Australian Users (or accepted any subsequent changes to these Host Damage Protection Terms for Australian Users), you may reject the change by sending us written notice within thirty (30) days of the date the change is effective. Your notice must include your name, mailing address, the date of the notice, your Airbnb username, the email address you used to set up your Airbnb account, your signature, and an unequivocal statement that you want to opt out of the amended Section IX. You must either mail your notice to this address: 888 Brannan St, San Francisco, CA 94103, Attn: Arbitration Opt-Out or email the opt-out notice to arbitration.opt.out@airbnb.com. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Airbnb (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Airbnb.
18. Survival. Except as provided in Section IX.16 and subject to Section 12.6 of the Terms, this Section IX will survive any termination of these Host Damage Protection Terms for Australian Users and will continue to apply even if you stop using the Airbnb Platform or terminate your Airbnb account.

X. General Provisions

Host’s Indemnification Obligations

To the maximum amount permitted by law, you agree to release, defend (at Airbnb’s option), indemnify, and hold Airbnb and its affiliates, and their personnel harmless from and against any costs, claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with Host Damage Protection and these Host Damage Protection Terms for Australian Users, if and to the extent that the claims, liabilities, damages, losses, or expenses have been caused or contributed to by your negligence or breach of a contractual obligation or, to the maximum extent permitted by law, the negligence and breach of a contractual obligation by third parties for whose acts and omissions you are responsible under Section 5 of the Terms.

If you rent (rather than own) the Accommodation that you list as an Eligible Accommodation, the immediately preceding paragraph applies specifically to any dispute between you and the owner of the Accommodation. You are fully responsible for securing the lessor’s permission to list the Accommodation with Airbnb and complying with the scope of any permission granted.

Entire Agreement

These Host Damage Protection Terms for Australian Users and the terms incorporated by reference constitute the entire and exclusive understanding and agreement between Airbnb and you regarding Host Damage Protection and these Host Damage Protection Terms for Australian Users, and supersede and replace any and all prior oral or written understandings or agreements between Airbnb and you regarding Host Damage Protection. This Section applies to the maximum extent permitted by applicable laws.

Assignment

You may not assign, transfer or delegate these Host Damage Protection Terms for Australian Users or your rights and obligations hereunder without Airbnb's prior written consent (not to be unreasonably withheld or delayed). Airbnb may without restriction assign, transfer or delegate these Host Damage Protection Terms for Australian Users and any rights and obligations hereunder, at its sole discretion, with thirty (30) days’ prior notice. Your right to terminate the Agreement with Airbnb at any time remains unaffected. Any attempt by you to assign or transfer these Host Damage Protection Terms for Australian Users, without Airbnb’s consent, will be null and of no effect. Subject to the foregoing, these Host Damage Protection Terms for Australian Users will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be in writing and given by Airbnb via email, Airbnb Platform notification, or messaging service (including SMS and WeChat). For notices made to Members residing outside of Germany, the date of receipt will be deemed the date on which Airbnb transmits the notice.

Controlling Law and Jurisdiction

These Host Damage Protection Terms for Australian Users will be interpreted in accordance with Section 21 of the Terms.

Waiver and Severability

The failure of Airbnb to enforce any right or provision of these Host Damage Protection Terms for Australian Users will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Airbnb. Except as expressly set forth in these Host Damage Protection Terms for Australian Users, the exercise by either party of any of its remedies under these Host Damage Protection Terms for Australian Users will be without prejudice to its other remedies under these Host Damage Protection Terms for Australian Users or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Host Damage Protection Terms for Australian Users invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Host Damage Protection Terms for Australian Users will remain in full force and effect.

XI. Contacting Airbnb

If you have any questions about these Host Damage Protection Terms for Australian Users, please email us.