Imigomo ye-Airbnb Yomsebenzi
Last Updated: April 30, 2018
Thank you for using Airbnb for Work!
These Airbnb for Work Terms (the “Work Terms”) govern the use of the Airbnb for Work Program (the “Work Program”) by your company, entity or other organization. By accepting these Work Terms, you are confirming and warranting that you: (i) have provided the exact legal name of your company, entity or other organization (referred to herein as “your organization” or “organization”) in the sign-up flow for the Work Program; and (ii) have the legal authority to act as an agent of, and agree to these Work Terms on behalf of, that organization (in these Work Terms, references to “you” or “your” are to you in your capacity as a representative of your organization, authorized to act on behalf of and contract for your organization). These Work Terms constitute a legally binding agreement between your organization and Airbnb (as defined below) governing your organization’s access to and use of the features specific to the Work Program such as the Airbnb for Work dashboard.
Airbnb’s Terms of Service (and not these Work Terms) govern use of the Airbnb website and any other websites through which Airbnb makes the Airbnb Services available (collectively, "Site"), including through mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Airbnb Services"). The Site, Application and Airbnb Services together are hereinafter collectively referred to as the “Airbnb Platform”.
Any and all payment processing services through or in connection with use of the Airbnb Platform ("Payment Services") are provided by one or more Airbnb Payments entities (individually and collectively, as appropriate, "Airbnb Payments") as set out in the Payments Terms of Service ("Payments Terms").
When these Work Terms mention “Airbnb,” “we,” “us,” or “our,” it refers to the Airbnb company your organization is contracting with or the Airbnb company that is performing under the Work Terms.
If your organization is formed under the laws of the United States of America or one of its states, you are contracting with Airbnb, Inc., 888 Brannan Street, 4th Floor, San Francisco, CA 94103, United States.
If your organization is formed under the laws of any nation, state or territory other than the United States and the People’s Republic of China (which for purposes of these Work Terms does not include Hong Kong, Macau and Taiwan) (hereinafter “China”), your organization is contracting with Airbnb Ireland UC (“Airbnb Ireland”), The Watermarque Building, South Lotts Road, Ringsend, Dublin 4, Ireland.
If your organization is formed under the laws of China, your organization is contracting with Airbnb Internet (Beijing) Co., Ltd. (“Airbnb China”).
1. Program Overview
1.1 Airbnb offers the Work Program to help organizations like yours manage work related Accommodations, Experiences and Events (each, a “Work Booking”). The Airbnb for Work dashboard (the “Dashboard”) provides your organization with access to details of Work Bookings made by your personnel on the Airbnb Platform – including the personal data of Members who participate in the Work Booking. A Work Booking only appears in the Dashboard if an individual has linked their Airbnb account with your organization by adding an email address affiliated with your organization, and has indicated that a particular booking is for business or work purposes. Members who have added an organization-affiliated email address to their Airbnb account are referred to in these Work Terms as “Professionals.” Your organization may only use Work Booking and other information provided to you as part of the Work Program for the purpose of managing its business travel, accommodations, events, and experiences.
1.2 Your organization may also direct us to share Work Booking details with third parties who provide services to your organization such as travel management companies and duty of care providers. Your organization can view the third-party integrations available through the Work Program, and initiate sharing with those third parties, using the Dashboard. Your organization, and not Airbnb, is responsible for your service providers and will be liable for any claims, losses, expenses, costs or damages arising from, or based on, an act or omission or condition of one of your service providers or vendors - whether incurred by your organization, Airbnb or a third party.
1.3 We use your organization’s email domain(s) to associate Professionals with your instance of the Work Program based on the work email address your Professionals provide to us. If other entities affiliated with your organization (for example under common ownership or control) share one email domain, Professionals from those affiliated entities will be associated with your organization’s instance of Airbnb for Work. Your organization is responsible for ensuring that all such affiliated entities comply with these Work Terms and will be liable for any claims, losses, expenses, costs or damages arising from, or based on, an act or omission of any of those affiliated entities (including your organization) or their personnel - whether incurred by your organization, Airbnb or a third party. If your organization (or its affiliates) uses more than one email domain, you may associate those additional domains with your organization by adding them using the Dashboard.
2. Program Features
3. Booking and Permissions
Your organization’s Professionals can authorize other Members to make and manage bookings for them, and other Members can authorize your Professionals to do the same. Members who participate in a booking are responsible and liable for their acts and omissions, and those of their invitees, in relation to the booking, including for complying with rules or requirements specific to the booking – such as house rules, cancellation policies, age requirements and identification requirements. A Member who makes a booking for someone else is also responsible and liable for any action such booking Member takes in relation to the booking – including paying for the booking, communicating with the Host, and ensuring guests are aware of any rules or requirements for the booking. Your organization will also be responsible and liable for any claims, losses, expenses, costs or damages arising out of or based on the acts or omissions of your Professionals in relation to a Work Booking consistent with your organization’s responsibility for its personnel under applicable law.
4. Personnel Management
Your organization is responsible for ensuring that the list of Professionals included in your organization’s instance of Airbnb for Work (who appear in your Dashboard) is accurate and up to date. If a Professional leaves your organization, it is your organization’s responsibility to remove that Professional using the Dashboard. We may also offer an integration with identity management software to facilitate the automated removal of Professionals upon their departure; if such an integration is available, it will appear in the Dashboard.
5. Offers and Promotions
We may make offers and promotions available to organizations and Professionals who participate in the Work Program. Any such offers and promotions are subject to these Work Terms, and, depending on the promotion, we may provide you with additional information about how the promotion works, how to take advantage of the promotion, and the promotion may be subject to additional legal terms.
6.1 Unless we agree in writing to the contrary, payments for Work Bookings are governed by the Payments Terms (not these Work Terms).
6.2 If we agree to invoice your organization for Work Bookings, the following default terms will apply: (i) we will invoice you via email using the email address you provide to us for that purpose; (ii) we will invoice your organization on a monthly basis; (iii) payments are due no later than 30 days following receipt of the invoice; (iv) invoices must be paid in full each month; (v) any amounts past due will accrue interest at a rate equal to the lower of 1.5% per month or the maximum rate allowed by applicable law; and (vi) payments may not be reduced or set-off on account of amounts owed by Airbnb or for taxes, imports, duties, withholding or any other charges or amounts imposed by a governmental or fiscal authority or body. We may vary the default payment terms for your organization, or waive enforcement of a particular term in a given instance; in either case, such variation or waiver must be confirmed by us in writing.
6.3 If we cannot collect payment from one of your Professionals for a Work Booking or related charges, your organization will be responsible and liable for those unpaid amounts as well as any expenses we incur in collecting those amounts such as reasonable attorney’s fees.
7. Privacy Law and Personal Data
“Personal Data” means any information about an identified or identifiable person, including any information deemed “personal information” or “personal data” under the privacy or data security laws or regulations in the European Union (such as European Union Regulation (EU) 2016/679), the United Kingdom, Switzerland, any constituent or subsidiary government of any of the foregoing, and any other applicable jurisdiction (collectively, “Applicable Privacy Law”).
Where we share with your organization Personal Data or share that data with third parties at the direction of your organization, your organization becomes the controller of, and responsible for, that data. As a controller of that Personal Data, your organization is responsible for complying with, and for ensuring your third-party service providers comply with, obligations under Applicable Privacy Law. Your organization is responsible and liable for any claims, losses, expenses, costs or damages arising from, or based on, a purported or actual failure of your organization to comply with applicable privacy or data security laws. Airbnb remains responsible for using and processing Personal Data under its control in compliance with law.
With respect to Personal Data we provide to your organization through the Work Program, your organization must, and must ensure third parties to whom your organization makes available Personal Data (e.g. travel management companies, duty of care providers and other third-party service providers): (i) only use and disclose Personal Data to lawfully conduct the activities authorized under Section 1.1; (ii); comply with their obligations under Applicable Privacy Law relating to the use, disclosure, storage or other operations with respect to Personal Data; (iii) notify Airbnb if it determines that it cannot provide the level of protection required under this Section; and (iv) implement and maintain adequate and appropriate administrative, technical and physical measures that protect the security, integrity, confidentiality and availability of Personal Data. If your organization notifies Airbnb that it cannot provide the required level of protection, Airbnb has the right to terminate these Work Terms without cost or liability and your organization must cease its use of the Personal Data or take other reasonable and appropriate steps to remediate the situation as directed by Airbnb.
Your organization authorizes Airbnb to disclose your receipt of Personal Data and the purposes for which Airbnb has provided such Personal Data. In the event that there is, or your organisation reasonably believes that there is, any loss of or any unauthorized or unlawful access to, use of, compromise or disclosure of Personal Data by your organisation, your affiliates and/or your third party service providers (a “Security Incident”), your organisation must immediately notify Airbnb in writing of the Security Incident and fully cooperate with Airbnb to: (i) investigate, resolve and mitigate the effects of the Security Incident; and (ii) comply with any notification obligations to individuals, clients or regulatory authorities in relation to the Security Incident. Your organisation agrees that unless it is legally required to do so, it shall not notify any individuals, clients or regulatory authorities about a Security Incident without Airbnb's consent, not to be unreasonably withheld. If Airbnb notifies your organization that any person identified or identifiable in Personal Data has requested to opt out of disclosure or use of such Personal Data, your organization must comply with Airbnb’s instructions regarding the cessation of use, disclosure, storage, deletion or other operations with respect to such Personal Data. Your organization authorizes Airbnb to provide the text of this Section to any applicable governmental entity, including the United States Department of Commerce.
Your organization agrees to provide any assistance reasonably requested by Airbnb for the purpose of Airbnb's compliance with Applicable Privacy Laws. The obligations contained in this Section survive any termination of these Work Terms for so long as your organization has custody, control or possession of Personal Data provided by Airbnb.
8. Feedback on the Work Program
Your organization may participate in surveys and provide feedback on Airbnb for Work and the Airbnb Platform (“Feedback”). Any Feedback provided will be the sole and exclusive property of Airbnb and your organization hereby assigns to Airbnb all right, title and interest in and to any Feedback including without limitation all intellectual property rights therein and, to the extent any such rights may not effectively be assigned, your organization hereby waives any such rights as against Airbnb, its successors and assigns.
9. Mutual Warranties
Your organization and Airbnb each warrants that: (i) it is duly formed, validly existing and in good standing (or local equivalent status) as an entity under the laws and regulations of the jurisdiction of its organization; (ii) it has the full right, power and authority to agree to these Work Terms and to perform its obligations under them; (iii) the acceptance of these Work Terms has been duly authorized by all necessary organizational action; and (iv) once accepted, these Work Terms will constitute a legal, valid, binding and enforceable obligation.
10. Use of Trademarks
10.1 We may use your organization’s name, logo, trademarks, branding elements and other publicly available materials (“Marks”) to identify your organization in the Work Program. For example, we may include your organization’s name and logo in the Dashboard or in email communications to your Professionals. We will not use your organization’s Marks publicly or with any audience other than your Professionals without your consent.
10.2 Your organization may use Airbnb’s Marks for the purpose of promoting Airbnb for Work and the Airbnb Platform to your Professionals; provided our Marks are used only in the forms provided, according to our instructions, and in compliance with any brand guidelines we make available or provide to you. In particular, your organization may not display or use our Marks for any external purpose (outside your organization) without our prior written authorization.
11. Term and Termination
11.1 The agreement set forth in these Work Terms will remain in force until terminated by Airbnb or your organization. Your organization may terminate this agreement and its participation in the Work Program by providing us with notice no later than 30 days prior to the desired effective date of termination. Your organization must deliver any termination notice to firstname.lastname@example.org.
11.2 We may terminate this agreement and your organization’s participation in the Work Program by providing email notice to your organization (using any email address provided to us) or by delivering or posting notice through the Work Program.
11.3 Upon any termination of your organization’s participation in the Work Program, your organization agrees to destroy or delete all Airbnb confidential information and Airbnb Marks, if any, your organization has in its possession or under its control.
12. AIRBNB DISCLAIMER
YOUR ORGANIZATION AGREES THAT AIRBNB MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR OPERATION OF THE WORK PROGRAM, THE AIRBNB PLATFORM, THE SITE, THE APPLICATION OR THE SERVICES. THE WORK PROGRAM, ITS FEATURES AND ANY ASSOCIATED MATERIALS ARE OFFERED AND DELIVERED “AS-IS” WITHOUT WARRANTIES OF ANY KIND. AIRBNB DOES NOT WARRANT THAT THE WORK PROGRAM, THE AIRBNB PLATFORM, THE SITE, THE APPLICATION OR THE SERVICES, OR ASSOCIATED FEATURES OR MATERIALS WILL MEET YOUR ORGANIZATION’S REQUIREMENTS, OR THAT THEIR OPERATION OR USE WILL BE UNINTERRUPTED, ERROR-FREE OR WILL APPEAR AS DESCRIBED IN ANY DOCUMENTATION. AIRBNB AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. THIS SECTION WILL SURVIVE THE TERMINATION OF THESE WORK TERMS.
13. LIMITATIONS OF LIABILITY
13.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AIRBNB WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOUR ORGANIZATION OR AIRBNB HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
13.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AIRBNB'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE WORK TERMS OR YOUR ORGANIZATION’S USE OF THE WORK PROGRAM, EXCEED $10,000 U.S. DOLLARS. THIS SECTION WILL SURVIVE THE TERMINATION OF THESE WORK TERMS.
13.3. NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Your organization may not assign or transfer these Work Terms, whether by operation of law, change of control, merger, asset sale or otherwise, without Airbnb's prior written consent. Any attempt by your organization to assign or transfer these Work Terms without such consent, will be null, void and of no effect. Airbnb may assign or transfer these Work Terms, at its sole discretion, without restriction. Subject to the foregoing, these Work Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
15. No Third Party Beneficiaries
These Work Terms do not and are not intended to confer any rights or remedies upon any person other than Airbnb and your organization.
16. Force Majeure
Airbnb will not have any liability under these Work Terms by reason of any failure or delay in the performance of its obligations in connection with strikes, riots, acts of terrorism, insurrection, fires, flood, storm, explosions, earthquakes, electrical outages, war, or any cause that is similarly beyond its reasonable control.
17. Dispute Resolution and Governing Law
17.1 This Section provides the process for resolving any controversy, claim or dispute arising out of or relating to your organization’s use of the Work Program, or breach by either party of these Work Terms (each a “Dispute”). This Section also provides which jurisdiction’s laws govern these Work Terms.
17.2 Upon written notice of a Dispute, your organization and Airbnb shall make reasonably available personnel with appropriate authority to negotiate and attempt to resolve the Dispute. Negotiation may be done remotely or at a mutually acceptable location in the venue specified below. If the Dispute has not been resolved within ten (10) business days following the original notice, unless a different period for negotiation has been agreed to by the parties, then either party may proceed with the Dispute according to the process set forth below.
17.3 If your organization is formed under the laws of the United States of America or one of its states, these Work Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Except to the extent this Section provides otherwise, any Dispute not resolved by informal negotiations as provided above, must be submitted to binding arbitration. The venue for resolving any Dispute, including by arbitration, will be San Francisco, California, United States of America. Any judicial proceedings that are excluded from arbitration under this Section must be brought in state or federal court in San Francisco, California. Your organization and Airbnb both consent to venue and personal jurisdiction in San Francisco, California. Any arbitration will be administered by JAMS in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction of such Dispute. The parties acknowledge that these Work Terms evidence a transaction involving interstate commerce and notwithstanding the provision above with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). The parties understand that arbitration is final and binding and that, except as set forth below, they are waiving their rights to a jury trial and to other resolution processes (such as court action or administrative proceeding).
17.4 If your organization is formed under the laws of China, these Work Terms will be interpreted in accordance with the laws of China (“China Laws”). Any Dispute not resolved by informal negotiations as provided above will be submitted to the China International Economic and Trade Arbitration Commission (CIETAC) for arbitration in Beijing and must be conducted in accordance with CIETAC’s arbitration rules in effect at the time of applying for arbitration; provided that this Section will not be construed to limit any rights which Airbnb may have to apply to any court of competent jurisdiction for an order requiring your organization to perform or be prohibited from performing certain acts and other provisional relief permitted under China Laws or any other laws that may apply to you. The arbitration proceedings shall be conducted in English. The arbitral award rendered is final and binding upon both parties.
17.5 If your organization is formed under the laws of any nation, state or territory other than the United States of America and China, these Work Terms will be interpreted in accordance with Irish law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. Any Dispute not resolved by informal negotiations as provided above will be submitted to the exclusive jurisdiction of the Irish courts and any proceedings that your organization brings against us arising from or in connection with these Work Terms may only be brought in a court located in Ireland.
17.6 With respect to any Dispute involving Airbnb’s intellectual property rights or Airbnb’s confidential information, Airbnb will be entitled to bring an action in a court of competent jurisdiction (which jurisdiction shall be exclusive), including an action seeking specific performance, an injunction or other equitable forms of relief. The courts and venue for any such judicial proceeding will be as specified above. This Section will survive any termination of these Work Terms.
Any notices or other communications permitted or required hereunder will be in writing. Notices and communications (i) from Airbnb may be delivered via email (to any address that your organization provides) or by posting a notice through the Work Program; and (ii) from your organization may be delivered via email to email@example.com. This Section will survive any termination of these Work Terms.
19. Entire Agreement
Your organization warrants that it will comply with all applicable laws, statutes, statutory instruments, regulations, by-laws, rules, ordinances, guidance and codes relating to anti-bribery and anti-corruption, including (but not limited to) the U.K. Bribery Act 2010 and the United States Foreign Corrupt Practices Act of 1977 (as amended). The failure of Airbnb to enforce any right or provision of these Work Terms 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 Work Terms, the exercise by either party of any of its remedies under these Work Terms will be without prejudice to its other remedies under these Work Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Work Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Work Terms will remain in full force and effect. Nothing in these Works Terms creates or implies an agency relationship, joint venture, or partnership between Airbnb and your organization. This Section will survive any termination of these Work Terms.
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