Termos de Serviço adicionais para o Programa de Anfitriões Residentes da Airbnb
IF YOU RESIDE IN, OR THE ORGANIZATION YOU ARE ACTING FOR IS ESTABLISHED IN, THE UNITED STATES, PLEASE NOTE: THE ARBITRATION CLAUSE AND CLASS ACTION WAIVER CONTAINED IN THE AIRBNB TERMS OF SERVICE APPLY TO ANY DISPUTE RELATING TO THESE ADDITIONAL TERMS FOR THE RESIDENT HOSTING PROGRAM.
Last Updated: August 25, 2021
You agree to these Additional Terms of Service for the Airbnb Resident Hosting Program (“Resident Hosting Terms”) by using Airbnb’s services to offer accommodations in a participating building on our platform.
These Resident Hosting Terms supplement the Airbnb Terms of Service (“Terms”) and the Airbnb Payments Terms of Service (“Payments Terms”), and, except as explicitly stated herein, the Terms and Payments Terms apply in full to all Resident Hosting Program Hosts and Resident Hosting Listings. All capitalized terms not defined here have the meaning given to them in the Terms. Nothing in these Resident Hosting Terms shall be construed to amend or contradict the Terms unless explicitly stated. If there is a conflict between the Terms and the Resident Hosting Terms, these Resident Hosting Terms control to the extent of the conflict.
What is the Airbnb Resident Hosting Program?
Airbnb Resident Hosting is a program through which select building owners or operators, and homeowners’ associations, have made their building(s) home-share friendly for tenants and unit owners who want to host on Airbnb. This means that your Program Administrator will give you their express support and collaboration for you to host on Airbnb as long as you: (i) agree to and comply with your Program Administrator’s rules (i.e., their Building Rules and the terms of your Program Administrator’s home-share lease addendum), and (ii) give them a Revenue Share (as defined below).
“Program Administrator” means either the owner(s) of an Accommodation, a homeowners’ association, and/or their agent (such as a building operator or property management company) who has the authority to act on behalf of, and to bind the owner(s) of an Accommodation, or the homeowners’ association.
“Participating Building” means a building enrolled in the Airbnb Resident Hosting Program by its Program Administrator.
“Participating Listing” means a Listing in a Participating Building that has been enrolled in the Airbnb Resident Hosting Program.
“Non-Participating Listing” means a Listing in a Participating Building that is not enrolled in the Airbnb Resident Hosting Program.
“Nightly Rate” means the rate per night set by you for your Participating Listing, exclusive of any tax, additional Airbnb service fee, cleaning fee, or other additional service charges that may apply.
“Revenue Share” means the percentage of your revenue that you and your Program Administrator agree you will pay to your Program Administrator. The Revenue Share will be based on a percentage of the Nightly Rate, as well as (ii) applicable fees such as any cleaning fees or other fees you identify on your Listing, and/or (iii) applicable taxes to the extent that such fees and taxes are collected by Airbnb and remitted to you with your payouts, all as agreed between you and your Program Administrator. Revenue Share percentage and additional details will be displayed when you enroll in the Airbnb Resident Hosting Program, and may be updated by your Program Administrator from time to time upon no less than thirty (30) days written notice.
Additional Terms for Resident Hosting Listings
1. Building Rules. You agree to your Program Administrator’s Building Rules and to make sure your guests also comply with your Program Administrator’s Building Rules that are applicable to guests. Building Rules will be displayed when you enroll in the Airbnb Resident Hosting Program, or provided to you directly by your Program Administrator, and may be updated by your Program Administrator from time to time upon no less than thirty (30) days written notice.
2. Revenue Share with your Program Administrator. By agreeing to participate in the Airbnb Resident Hosting Program, you agree to the Revenue Share with your Program Administrator, and you instruct Airbnb to transfer to your Program Administrator the Revenue Share for each of your future payouts for each Participating Listing.
For example, if you agree to a Program Administrator request for 10% Revenue Share on the Nightly Rate, this means you authorize Airbnb to transfer directly to your Program Administrator 10% of the Nightly Rate. If a guest pays $220 (total Nightly Rate (2 x $100), the cleaning fee ($20)), plus any service fees and taxes that apply for a stay, your Program Administrator would take 10% of the Nightly Rate ($20). If you agree to a Program Administrator request for 10% of the Nightly Rate, and the cleaning fee, and a guest pays $220 (total Nightly Rate (2 x $100), the cleaning fee ($20), your Program Administrator would take $22.00 (10% of $220), plus 10% of any taxes that apply for the stay and are remitted to you.
When Hosts and Program Administrators make or accept a Revenue Share arrangement through the Airbnb Resident Hosting Program, they are contracting only with each other, and Airbnb is not a party to that transaction. Hosts agree, however, that Airbnb will be their payment collection agent as described in the Payment Terms and, additionally, for the limited purpose of transferring the Revenue Share to your Program Administrator on your behalf.
3. Sharing Information with your Program Administrator about your Activities as a Host.
3.1 Future Activities. By agreeing to participate in the Airbnb Resident Hosting Program, you give Airbnb permission to disclose to your Program Administrator information about your activities as a Host of each Participating Listing. For example, starting on the date when you enroll in the Airbnb Resident Hosting Program, your Program Administrator can receive information about your activities as a Host in a Participating Listing, such as your name, information about your Participating Listing, when you host, how much you earn, and information related to the Building Rules. This information helps your Program Administrator understand how the program is working, and account for their Revenue Share.
4. Non-Participating Listings. If you disagree with the Airbnb Resident Hosting Terms, we encourage you to speak to your Program Administrator and attempt to come to an agreement with them before you list, or continue to list, in a Participating Building. Your Program Administrator has taken the position that you would be violating your lease, or homeowner’s association rules, if you host in a Participating Building without agreeing to these Airbnb Resident Hosting Terms. If you list in violation of your lease, or homeowner’s association rules, you would also be in breach of our Terms.
If you choose to host without agreeing to these Airbnb Resident Hosting Terms, you do so at your sole risk. We generally don’t share personal data related to your hosting a Non-Participating Listing with your Program Administrator; however, your Program Administrator could subpoena us for this information in which case we would provide it.
5. No Endorsements. While we hope that the Airbnb Resident Hosting Program will be mutually beneficial to Hosts and their Program Administrators, we do not endorse any Host, Program Administrator, Building or Revenue Share arrangement. We can’t guarantee Program Administrator will continue to allow you to participate in the Airbnb Resident Hosting Program in the future. The decision whether to list in a Participating Building or participate in Airbnb Resident Hosting Program is yours alone, and is at your sole risk.
6. DISCLAIMERS. IF YOU CHOOSE TO USE THE AIRBNB RESIDENT HOSTING PROGRAM, YOU DO SO AT YOUR SOLE RISK. AIRBNB RESIDENT HOSTING PROGRAM IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AIRBNB EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. AIRBNB MAKES NO WARRANTY ABOUT AIRBNB RESIDENT HOSTING, INCLUDING, BUT NOT LIMITED TO, THAT LISTINGS OR ANY ACCOMMODATIONS YOU OFFER WILL MEET YOUR PROGRAM ADMINISTRATOR’S REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
WHILE PROGRAM ADMINISTRATORS WHO PARTICIPATE IN THE AIRBNB RESIDENT HOSTING PROGRAM HAVE TOLD AIRBNB THAT THEY AGREE NOT TO EVICT ELIGIBLE TENANTS, OR TAKE OTHER REMEDIAL ACTION AGAINST YOU, SOLELY BECAUSE OF THEIR ACTIVITY AS HOSTS OF PARTICIPATING LISTINGS, THEY DO RETAIN THE ABILITY TO DO SO IF YOUR AIRBNB RELATED ACTIVITIES CREATE AN UNSAFE OR DISRUPTIVE ENVIRONMENT OR IF YOU DO NOT COMPLY WITH ANY APPLICABLE BUILDING RULES OR YOUR LEASE ADDENDUM. AIRBNB CANNOT AND DOES NOT MAKE ANY WARRANTIES OF ANY KIND THAT YOUR PROGRAM ADMINISTRATOR WILL NOT EVICT YOU, OR TAKE OTHER REMEDIAL ACTION AGAINST YOU.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AIRBNB, YOUR PROGRAM ADMINISTRATOR OR THROUGH THE AIRBNB RESIDENT HOSTING PROGRAM WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH YOUR PROGRAM ADMINISTRATOR AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE AIRBNB RESIDENT HOSTING PROGRAM, INCLUDING, BUT NOT LIMITED TO, ANY OTHER HOSTS, NEIGHBORS, BUILDING STAFF, OR GUESTS. YOU UNDERSTAND THAT AIRBNB DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF YOUR PROGRAM ADMINISTRATOR OR TO REVIEW OR VISIT ANY ACCOMMODATIONS OR PARTICIPATING BUILDINGS. AIRBNB MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF YOUR PROGRAM ADMINISTRATOR AND USERS OF THE AIRBNB RESIDENT HOSTING PROGRAM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE AIRBNB RESIDENT HOSTING PROGRAM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH YOUR PROGRAM ADMINISTRATOR, NEIGHBORS, AND OTHER USERS OF THE AIRBNB RESIDENT HOSTING PROGRAM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE AIRBNB RESIDENT HOSTING PROGRAM, INCLUDING, BUT NOT LIMITED TO, PROGRAM ADMINISTRATORS, GUESTS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY AIRBNB. NOTWITHSTANDING AIRBNB'S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE HOSTS, AIRBNB EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF YOURS, ANY PROGRAM ADMINISTRATOR, GUEST, OR OTHER THIRD PARTY.
7. Termination. As a Resident Host, you may terminate this agreement at any time by sending us an email or by removing all of your Participating Listings from the Airbnb Platform. Airbnb may terminate this agreement immediately and without notice and stop providing access to the Airbnb Platform if you materially breach this agreement and/or our other Terms or Policies, you violate applicable laws, or we reasonably believe termination is advisable to protect Airbnb, its Members or third parties. If your Participating Listing has been inactive for 120 or more days, we may remove it from Airbnb.
8. Modification. Airbnb reserves the right to modify these Resident Hosting Terms at any time in accordance with the Terms.
9. Severability. If any provision or part of a provision in these terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining.
10. Survival. Unless you reside in the European Economic Area or Switzerland, if you or we terminate these Resident Hosting Terms, the clauses of these Resident Hosting Terms that reasonably should survive such termination will remain in effect.
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