Termos de Serviço Adicionais do Coanfitrião
Last Updated: April 3, 2023
You are contracting with the same Airbnb entities with which you are contracting under the Airbnb Terms. These Co-Host Terms control over any conflict with the Airbnb Terms, unless explicitly stated otherwise.
All capitalized terms not defined here have the meaning given to them in the Airbnb Terms.
“Full Access Co-Host” means a Co-Host who has been granted Full Access permissions to a Listing, which includes full access to the Host’s inbox, calendar, and transaction history, as well as the ability to manage the Listing and other Co-Hosts, including adding, removing, and changing permissions of other Co-Hosts. Learn about Co-Host permissions.
“Co-Host” means a Member who has been authorized through the Co-Host Tools to participate in providing Host Services on the Listing owner’s behalf.
“Co-Host Services” means those Host Services provided by Co-Hosts through the Airbnb Platform on the Listing owner’s behalf.
“Host” means, for the purposes of the Co-Host Terms, the Host who is the Listing owner.
2. Adding and Managing Co-Hosts and Co-Host Permissions
Co-Host Tools allow Hosts to collaborate with Co-Hosts to provide services for a Listing. Hosts and Co-Hosts shall agree among themselves on the Co-Host Services that will be provided. By adding (or allowing a Full Access Co-Host to add) a Co-Host to a Listing, the Host represents and warrants that each such Co-Host is authorized by it to act on its behalf and bind the Host, consistent with the level of permission granted to each Co-Host. In the case of Full Access Co-Hosts, the Host acknowledges that each Full Access Co-Host is authorized to act on its behalf and bind the Host with respect to any Listing or Co-Host management activity made available via the Co-Host Tools, including adding additional Co-Hosts and setting permissions. As a Host, you should exercise due diligence and care when deciding whom to add as, and what level of permission to grant to, each Co-Host. You alone are responsible for choosing, monitoring, and managing access and permissions for each Co-Host and the authority you grant to them in connection with using the Co-Host Tools for a Listing.
3. Host and Co-Host Legal Obligations; Independent Relationships
A. Host and Co-Host Legal Obligations. You are responsible for your own acts or omissions, and, to the maximum extent possible under applicable law, Hosts are additionally responsible for the acts and omissions of their Co-Hosts in their capacity as service providers to Hosts. You are also responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to services you provide through or in connection with your use of the Co-Host Tools and any Co-Host Services you offer or provide. For example, some jurisdictions require that service providers register, get a permit, or obtain a license before providing services to Hosts or Guests. In some places, the services Co-Hosts want to offer may be prohibited altogether. In others, it is possible that a Co-Host would be considered an employee of a Host for certain purposes, although in no case shall a Host or Co-Host be an employee of Airbnb. You represent and warrant that you—and any employees or agents that work with you or on your behalf—have all permits, licenses, insurance, and/or qualifications required for your services. For example, providing property management services may require that the Co-Host be a licensed real estate broker, and operating without a license may have meaningful penalties for the Co-Host and/or Host. If you have questions about how local laws apply you should always seek legal advice.
B. Airbnb Not a Party. You understand and agree that Airbnb is not a party to any agreement between or among any Hosts and any Co-Hosts, and the formation of an agreement will not, under any circumstance, create an employment, agency or other service relationship between Airbnb and any Host or Co-Host, conflict with these Co-Host Terms or the Airbnb Terms, or expand Airbnb’s obligations or restrict Airbnb’s rights under these Co-Host Terms or the Airbnb Terms. Airbnb is not obligated to mediate disputes between Hosts and Co-Hosts or among Co-Hosts. Airbnb has no control over the conduct of Hosts, Co-Hosts, or other users of the Co-Host Tools, and disclaims all liability arising from or related to any agreement entered into between or among Hosts and Co-Hosts, including the acts or omissions of any Host or Co-Host, to the maximum extent permitted by law.
C. Independence of Hosts and Co-Hosts. Your relationship with Airbnb is that of an independent individual or entity and not of an employee, agent, joint venturer, or partner of Airbnb. Airbnb does not direct or control your services, you are not providing services to Airbnb, and Airbnb is not engaging you to provide any services. Further, Co-Hosts agree that, subject to their agreement with the Hosts, they have complete discretion whether and when to provide Co-Host Services, and at what price and on what terms to offer them, if any.
4. Co-Host Payouts
Each Co-Host expressly agrees that all provisions of the Payments Terms, including but not limited to Sections 3, 4, and 5 of the Payments Terms, that apply to Hosts, also apply to Co-Hosts.
A. Co-Host Payout Instructions. A Host and Co-Host may elect, for each booking, on a Listing level (to the extent that functionality is available for their Listing), to allocate either a percentage (with optional minimum amount) or fixed amount to the Co-Host as a portion of the payment amount for Host Services due through the Airbnb Platform (collectively, with any applicable details on amount or percentage, a “Co-Host Payout Instruction”) in consideration of the Co-Host Services. Airbnb Payments will effectuate payments to Co-Hosts (each, a “Co-Host Payout”) pursuant to a Co-Host Payout Instruction. Unless specified otherwise in these Co-Host Terms, Airbnb Payments will execute Payouts to Co-Hosts in the same manner as Airbnb Payments executes Payouts to Hosts in accordance with the Payments Terms, and each Host and Co-Host expressly agrees and authorizes Airbnb Payments to execute Payouts to them in accordance with the Payments Terms. Other than the Terms, Airbnb Payments is not a party to any agreement between or among Hosts and Co-Hosts, and does not assume any liability for any acts or omissions of the Hosts or Co-Hosts.
B. Appointment of Airbnb Payments as Limited Payment Collection Agent. Each Co-Host hereby appoints Airbnb Payments as their payment collection agent solely for the limited purpose of collecting and processing funds from Guests for Co-Host Services on the Co-Host’s behalf. Co-Hosts understand that Airbnb Payments’ obligation to make Payouts to them is subject to and conditional upon successful receipt of the associated payments from the applicable Host and/or the Host’s Guests. Airbnb Payments does not guarantee Payouts to Co-Hosts for amounts that have not been successfully received by Airbnb Payments from the applicable Host or the Host’s Guests. In the event that Airbnb Payments does not remit amounts collected and due to the Co-Host, the Co-Host(s) will have recourse only against Airbnb Payments and not the Guest directly.
This Section 4.B is subject to exceptions provided in Section 12 below for Hosts and Co-Hosts contracting with Airbnb Payments Luxembourg or Airbnb Payments UK and Section 13 below for Members contracting with Airbnb Brazil.
C. Managing Co-Host Payout Instructions.
(i) Set Up. If the Host elects to set up any Co-Host Payout Instruction, such Co-Host Payout Instruction shall apply for all Guest stays with check-in dates taking place after approval of the Co-Host Payout Instruction by the applicable Host and Co-Host.
(ii) Edits. Edits (for example, a different amount or percentage) to a previously confirmed Co-Host Payout Instruction require confirmation by the Host and applicable Co-Host prior to going into effect; if no such confirmation is provided, then the current Co-Host Payout Instruction (without such edit) will continue to apply.
(iii) Removal. A Host may remove a Co-Host Payout Instruction at any time with confirmation by the applicable Co-Host. A Co-Host Payout Instruction for a given Listing is also automatically removed when the relevant Co-Host is removed—whether by a Host, a Full Access Co-Host, or self-removal—from such Listing. Co-Host Payout Instructions are also automatically removed if a Host changes the Listing’s selected currency. The Co-Host Payout Instruction will cease to apply to any Reservation with check-in dates taking place after the time the Co-Host Payout Instruction was removed.
(iv) Timing. Subject to and conditional upon successful receipt of payment from the Guest, Airbnb Payments will initiate a Co-Host Payout at the same time that Airbnb Payments initiates the remainder of the Payout to the Host for the related booking pursuant to the Payments Terms.
A. Termination. Hosts and Full Access Co-Hosts may remove any Co-Host from the Hosts’ Listing at any time. Likewise, Co-Hosts may remove themselves from the Host’s Listing at any time. In addition, Airbnb may terminate this agreement with respect to both Hosts and Co-Hosts at any time.
B. Effect of Termination. Upon termination of this agreement, or removal of a Co-Host, the Host will remain responsible for all of the Co-Host’s actions performed and obligations accrued prior to the termination or removal. When a Member is removed as a Co-Host for a Listing, that Member will no longer have access to any Host or Guest information related to that Listing or Host’s Account with respect to that Listing, and will no longer have any right to access the Host’s Listing, calendar, or messages with Guests related to that Listing.
A. General. Except as otherwise expressly set forth in this Section, the Tax sections of the Airbnb Terms remain unchanged and apply to the Co-Host Services. Co-Hosts understand and agree that any Taxes on accommodation collected by Airbnb under a Tax law or under the direction of the Listing owner, if any, will be remitted and/or paid to the Listing owner themselves or to the relevant Tax authority under the name of the Listing owner. Airbnb will not collect or remit any Taxes on accommodation on behalf of the Co-Host, since the Co-Host is not providing any accommodation to the Guests, but rather providing the Co-Host Services.
B. Co-Host Taxes. In addition, Co-Hosts understand and agree that they are solely responsible for complying with all applicable Tax obligations that may apply to their activities as a Co-Host, and for determining their applicable Tax reporting requirements. Co-Hosts are also solely responsible for remitting to the relevant authority any Taxes included or received by them, unless otherwise the law or other legal obligations require Airbnb to collect, remit and/or withhold taxes on their behalf. Airbnb does not offer Tax-related advice.
C. Collection and Remittance by Airbnb. In jurisdictions where Airbnb facilitates the collection and/or remittance of Taxes over Co-Host Services on behalf of Co-Hosts, Co-Hosts instruct and authorize Airbnb to collect Taxes on their behalf, and/or to remit such Taxes to the relevant Tax authority. Airbnb may seek additional amounts from Co-Hosts (including by deducting such amounts from future Payouts) in the event that the Taxes collected and/or remitted are insufficient to fully discharge that Co-Hosts' tax obligations, and Co-Hosts agree that their sole remedy for Taxes collected by Airbnb is a refund from the applicable Tax authority. Co-Hosts acknowledge and agree that Airbnb retains the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason.
D. Tax Information. In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. You understand and agree that Airbnb will collect, process, and report such data to comply with such tax obligations, whenever required. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold and/or freeze payouts up to the amount as required by law, until sufficient documentation is provided. You agree that Airbnb may issue on your behalf invoices or similar documentation for VAT, GST, consumption, or other Taxes for your Co-Host Services to facilitate accurate tax reporting by you, our Hosts, Guests, and/or their organizations.
In addition to your indemnification obligations in the Airbnb Terms, you agree to release, defend, indemnify, and hold Airbnb (including Airbnb Payments, other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your use of the Co-Host Tools or use or provision of Co-Host Services; or (ii) your misrepresentations in or breach of your agreements, as well as any disputes, with third parties, including Hosts, Co-Hosts, or authorized agents.
IF YOU CHOOSE TO USE THE CO-HOST TOOLS AND/OR USE OR PROVIDE CO-HOST SERVICES, YOU DO SO AT YOUR SOLE RISK. THE CO-HOST TOOLS ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AIRBNB EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE THAT YOU HAVE HAD WHATEVER OPPORTUNITY YOU DEEM NECESSARY TO INVESTIGATE THE CO-HOST TOOLS, THE CO-HOST SERVICES, THE CO-HOST AND/OR HOST, AND THE LAWS, RULES, AND REGULATIONS THAT MAY BE APPLICABLE TO THE CO-HOST TOOLS OR CO-HOST SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS THROUGH THE CO-HOST TOOLS. YOU UNDERSTAND THAT AIRBNB DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS, INCLUDING OF CO-HOST AND HOSTS, OR THE SERVICES, AND HAS NO OBLIGATION TO REVIEW ANY HOST, CO-HOST, OR LISTING.
9. Limitation of Liability
WE ARE NOT RESPONSIBLE FOR ANY DAMAGE OR HARM RESULTING FROM YOUR INTERACTIONS WITH HOSTS, CO-HOSTS, AND/OR GUESTS. BY USING THE CO-HOST TOOLS, THE SITE, APPLICATION, OR SERVICES, OR BY USING OR PROVIDING CO-HOST SERVICES, YOU AGREE THAT ANY LEGAL REMEDY OR LIABILITY THAT YOU SEEK TO OBTAIN FOR ACTIONS OR OMISSIONS OF OTHER MEMBERS, INCLUDING HOSTS, CO-HOSTS, GUESTS, AND/OR OTHER THIRD PARTIES, WILL BE LIMITED TO A CLAIM AGAINST THE PARTICULAR MEMBERS OR OTHER THIRD PARTIES WHO CAUSED YOU HARM. YOU AGREE NOT TO ATTEMPT TO IMPOSE LIABILITY ON OR SEEK ANY LEGAL REMEDY FROM AIRBNB WITH RESPECT TO SUCH ACTIONS OR OMISSIONS.
If any provision in these Co-Host Terms is held to be invalid, void, or unenforceable, such provision will be struck and not affect the validity and enforceability of the remaining provisions.
11. Updates to These Terms and the Co-Host Tools
Airbnb reserves the right to modify these Co-Host Terms at any time in accordance with the Airbnb Terms, and to change or discontinue the Co-Host Tools (or any portion of it) at any time. In order to meet any regulatory requirements Airbnb reserves the right to add, remove, limit, or change functionality of any feature available to Hosts and Co-Hosts at any time.
12. Additional Terms for Hosts contracting with Airbnb Payments Luxembourg or Airbnb Payments UK and their Co-Hosts
Hosts appoint Airbnb Payments as the Host’s payment collection agent solely for the limited purpose of accepting and processing funds from Guests purchasing Host Services on the Host’s behalf, in accordance with the Payments Terms. Co-Hosts do not appoint Airbnb Payments as their payment collection agent and Airbnb Payments does not act as Co-Hosts’ payment collection agent. Airbnb Payments will execute a Co-Host Payout pursuant to the Co-Host Payout Instruction made to Airbnb Payments by the Host, and the Co-Host agrees to receive such Co-Host Payouts, in accordance with the Payments Terms. As a Co-Host, you agree that in the event that refunds or credits are due to a Guest pursuant to the Airbnb Terms or other applicable cancellation policy, in relation to a Listing for which you provide Co-Host Services, and you have already received a Co-Host Payout in accordance with the Co-Host Payout Instruction made to Airbnb Payments by the Host, Airbnb Payments will be entitled to recover the amount of any over-payout to you including by subtracting such amounts from any future Co-Host Payouts due to you. This Section controls over any conflict with any other terms in these Co-Host Terms.
13. Additional Terms for Members contracting with Airbnb Brazil
For Guests, Hosts, and Co-Hosts contracting with Airbnb Brazil, all references in this Co-Host Terms to Airbnb, Airbnb Payments, or Airbnb Platform shall be deemed to refer to Airbnb Brazil.
For Guests who are residents in Brazil and making a booking with a Host residing outside of Brazil using local currency, such Guests, Hosts, and applicable Co-Hosts acknowledge and agree that Airbnb Brazil acts as a payment collection agent of the Host and Co-Host residing outside of Brazil. Airbnb Brazil is also the entity with whom such Guests are contracting for the use of the Airbnb Platform, as set forth in the Airbnb Terms.
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