As captured on ; terms may have changed since.
Reviewed fields
For each field: the reviewer's category, then the words of the captured document. Where the category is silent, no provision on that field was extracted from the captured text, and nothing is quoted. Every category, with its count, is listed on the data page.
Delegation clause (who decides whether the clause is enforceable)
Reviewed category: to-arbitrator-full
you and Airbnb agree that any question regarding arbitrability and the formation, enforceability, validity, scope, or interpretation of all or part of this Section 23, 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.
Company’s fee promise
Reviewed category: hardship-or-request-conditioned
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... 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.
Fee or cost shifting against the consumer
Reviewed category: offer-of-judgment-cost-shift
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.
Pre-filing requirement
Reviewed category: mandatory-condition-precedent
At least 30 days prior to a party 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. ... 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.
Mass-arbitration terms
Reviewed category: mass-action-waiver-plus-sequential-batching
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)... 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.
Small-claims carve-out
Reviewed category: available-standard-carve-out
You and Airbnb each retain the right to seek resolution of the dispute in small claims court as an alternative to arbitration.
Opt-out
Reviewed category: change-rejection-only
If Airbnb amends this Section 23 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject the change by sending us written notice no later than 30 days of the date the change is effective.
Unilateral modification
Reviewed category: continued-use-is-acceptance
Airbnb may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Airbnb Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email, notifications through the Airbnb Platform, messaging service, or any other contact method made available by us and selected by you at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Airbnb Platform will constitute acceptance of the revised Terms.
Scope
Reviewed category: broad-plus-survives-termination
You and Airbnb mutually agree that any dispute, claim or controversy arising out of or relating to these Terms 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 on an individual basis ... Except as provided in Section 23.12 and subject to Section 12.6, this Section 23 will survive any termination of these Terms and will continue to apply even if you stop using the Airbnb Platform or terminate your Airbnb account.
Confidentiality of the arbitration
Reviewed category: proceeding-confidential
To the extent provided by applicable law, and except to the extent that any party to the arbitration seeks to enforce any final award in a court of competent jurisdiction, the arbitration proceedings and any information exchanged during the proceeding shall remain confidential.
Shortened limitations period
Reviewed category: named-state-limitations-period-applies
you must make any demand for arbitration under the Arbitration Agreement before the expiration of the statute of limitations provided under the laws of the State of California.
Severability if the class waiver is struck
Reviewed category: narrow-severance
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.
Counsel or representation restrictions
Reviewed category: personal-participation-or-signature-required
At least 30 days prior to a party 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. ... A Pre-Dispute Notice must include: the date, your name, mailing address, your Airbnb username, the email address you used to set up your Airbnb account, your signature, a brief description of the dispute, and the relief sought.
Mass-arbitration numeric trigger
Reviewed category: mass-action-waiver-with-batching-fallback
Stated term: “100 or more” arbitration claims — recorded as 100
Window, as reviewed: within 180 days
The trigger is conditioned on the claimants sharing, or coordinating, counsel.
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