《房源管理服務條款》
Last Updated: October 1, 2019
Welcome to Teams, a service that allows Hosts to use hosting teams (“Teams”) to help manage Listings and provide Host Services.
Your use of Teams is subject to your acceptance of these Listing Management Terms of Service (“LM Terms”). These LM Terms constitute a legally binding agreement ("Agreement") between you and Airbnb governing your access to and use of the Teams service. In addition to these LM Terms, the Airbnb Terms of Service (“TOS”), Airbnb Payments Terms of Service (“Payments Terms”), and Airbnb Privacy Policy (“Privacy Policy”), and other terms, Standards, and Policies that apply to your use of the Airbnb Platform (collectively, the “Airbnb Terms”) apply to your use of Teams, including the Dispute Resolution and Arbitration Agreement set forth in the TOS.
1. Definitions
All capitalized terms not defined here have the meaning given to them in the Airbnb Terms.
“Team” means an organization, and its employees, agents, and contractors, that has registered as a Team with Airbnb to manage Hosts’ Listing(s) and provide Host Services on behalf of Hosts.
2. Adding a Team to your Listing
You can add a Team to manage your Listing(s) by inviting a Team through the Airbnb Platform.
You should exercise due diligence and care when deciding to invite a Team to manage your Listing(s). You alone are responsible for choosing a Team. Airbnb does not control the conduct of Teams and disclaims all liability arising from or related to any agreement entered into between Hosts and Teams, including the acts or omissions of any Team, to the maximum extent permitted by law.
3. Listing Management Services
You understand and agree that Airbnb is not a party to any agreement between you and a Team.
By inviting a Team to manage your Listing(s), you authorize the Team to act on your behalf on the Airbnb Platform for such Listing(s), which may include, but is not limited to:
- Managing the Listing(s), including calendar availability, cleaning, restocking, and similar activities;
- Changing the price of your Listing(s) and/or Host Services;
- Accepting and declining Guest Booking requests;
- Extending, shortening, or otherwise altering Guest Bookings;
- Communicating with Guests;
- Modifying or updating the Listing description, photos, and other Member Content of the Host;
- Checking in Guests;
- Checking out Guests;
- Helping Guests resolve issues they may have during their stay (key loss, lockouts, emergency maintenance, and other services as needed);
- Working with the Guests to resolve disputes; and
- Reviewing Guests.
4. Host Compliance and Responsibilities
You remain responsible and liable for your Listing(s) and any Member Content you create and post on the Airbnb Platform, including any Listing(s) or Member Content created on your behalf by a Team, and any third party claims based on your Listing(s) or Member Content. Accordingly, you represent and warrant that any Listing(s) you create and post on the Airbnb Platform, including any Listing(s) created on your behalf by a Team, and the Accommodation(s) in such Listing(s): (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, lease or rental agreements; and, (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), tax requirements, and rules and regulations that may apply to any Accommodation included in your Listing(s) (including having all required permits, licenses, and registrations), and (b) not conflict with the rights of third parties.
5. Disputes
Airbnb is not obligated to mediate disputes between Hosts and Teams. However, Airbnb reserves the right to conduct our own investigation and take appropriate action. In such case, you agree to cooperate with and assist Airbnb in good faith, and to provide Airbnb with such information and take such actions as may be reasonably requested by Airbnb in connection with any complaints or claims made by Members relating to activities, bookings, Listing(s), or with respect to any investigation undertaken byAirbnb or a representative of Airbnb regarding the Airbnb Platform.
6. Reviews
Please note that for Team-managed Listing(s), you, as the Host, will be reviewed by Guests (including on the basis of the Team’s behavior and communications).
7. Sharing Your Information
In addition to the Airbnb Privacy Policy, by inviting a Team to manage your Listing(s), you authorize the Team to process information related to such Listing(s), including accessing, using, and storing your personal information (such as Listing address and description), booking information, booking payment amount, all messages with Guests, and Member Content (in accordance with our Privacy Policy). Your Team will not have access to your credit card number or bank account number used for payouts.
8. Removal From Listing
a. Removal from Listing
Hosts may remove a Team from their Listing(s) at any time. Likewise, Teams may remove themselves from a Host’s Listing(s) at any time.
b. Effect of Removal
Removal from a Listing by either the Host or Team will be effective immediately. Upon removal, you, as the Host, will remain responsible for all of the Team’s actions prior to removal, including the responsibility to fulfill any pending or future bookings of the Listing initiated prior to the removal of the Team. When a Team is removed from a Listing, it will no longer have access to any Host or Guest information related to that Listing, and will no longer have any right to access that Listing, calendar, or messages with Guests related to the Listing.
9. No Guarantees
We cannot and do not guarantee the accuracy, quality, completeness, safety, suitability, or usefulness of any information you access through the Teams service or of any Team. You are responsible for deciding whether or not to utilize a Team, and you do so at your own risk. We are not responsible for any damage or harm resulting from your use of a Team.
10. Indemnity
You agree to release, defend, indemnify, and hold Airbnb and its affiliates and subsidiaries, and their officers, directors, employees and agents, 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 improper use of the Teams service; (ii) your violation of these LM Terms; or, (iii) your breach of any laws, regulations, or third party rights. This indemnification is in addition to, and not in lieu of, any other indemnification provision you have agreed to with Airbnb.
If your country of residence is within the European Economic Area or the United Kingdom, the indemnification obligation according to this Section 10 only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.
11. Miscellaneous Provisions
You are contracting with the same Airbnb entities indicated in the TOS and Payment Terms. In the event of a conflict between these Terms and the Airbnb Terms, the Airbnb Terms will prevail. The LM Terms will be interpreted with the same laws and jurisdictions as set forth in the TOS.
Without waiving any other rights or remedies we may have at law or in equity, Airbnb, in our sole discretion, may suspend, terminate, or disqualify you from the Teams service.
If any provision in the LM 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. Airbnb’s failure to enforce any right or provision in these LM Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
Airbnb reserves the right to modify these LM Terms at any time in accordance with this provision. If we make changes to these LM Terms, we will post the revised LM Terms on the Airbnb Platform and update the “Last Updated” date at the top of these LM Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised LM Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Teams service will constitute acceptance of the revised Terms.