Payments Terms of Service
Please read these Payments Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By using the Payment Services, you agree to comply with and be bound by these Payments Terms of Service.
Please note: Section 23 of these Payments Terms of Service contains an arbitration clause and class action waiver that applies to all dcdcdcdcdcdcdc Members. If you reside in the United States, this provision applies to all disputes with dcdcdcdcdcdcdc Payments. If you reside outside of the United States, this provision applies to any action you bring against dcdcdcdcdcdcdc Payments in the United States. It affects how disputes with dcdcdcdcdcdcdc Payments are resolved. By accepting these Payments Terms of Service, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
Last Updated: June 19, 2020
These Payments Terms of Service (“Payments Terms”) constitute a legally binding agreement (“Agreement”) between you and dcdcdcdcdcdcdc Payments governing the Payment Services (defined below) conducted through or in connection with the dcdcdcdcdcdcdc Platform.
The dcdcdcdcdcdcdc Terms of Service (“dcdcdcdcdcdcdc Terms”) separately govern your use of the dcdcdcdcdcdcdc Platform. All capitalized terms have the meaning set forth in the dcdcdcdcdcdcdc Terms unless otherwise defined in these Payments Terms.
Table of Contents
- Scope and Use of the Payment Services
- Key Definitions
- Modification of these Payments Terms
- Eligibility, Member Verification
- Account Registration
- Payment Methods and Payout Methods
- Financial Terms for Hosts
- Financial Terms for Guests
- Appointment of dcdcdcdcdcdcdc Payments as Limited Payment Collection Agent
- General Financial Terms
- Damage to Accommodations and Security Deposits
- Currency Conversion
- Prohibited Activities
- Intellectual Property Ownership, Rights Notices
- Termination, Suspension, and other Measures
- dcdcdcdcdcdcdc Payments Contracting Entity
- Applicable Law and Jurisdiction
- Dispute Resolution and Arbitration Agreement
- General Provisions
- Additional Clauses for Users Contracting with dcdcdcdcdcdcdc Payments UK
- Contacting dcdcdcdcdcdcdc Payments
1.1 dcdcdcdcdcdcdc Payments provides payments services to Members, including payment collection services, payments and payouts, in connection with and through the dcdcdcdcdcdcdc Platform (“Payment Services”).
1.2 dcdcdcdcdcdcdc Payments may restrict the availability of the Payment Services, or certain services or features thereof, to carry out maintenance measures that ensure the proper or improved functioning of the Payment Services. dcdcdcdcdcdcdc Payments may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time.
1.3 The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms and conditions and privacy practices and Members should review them independently. dcdcdcdcdcdcdc Payments is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by dcdcdcdcdcdcdc Payments of such Third-Party Services.
1.4 You may not use the Payment Services except as authorized by United States law, the laws of the jurisdiction in which you reside, and any other applicable laws. In particular, but without limitation, the Payment Services may not be used to send or receive funds: (i) into any United States embargoed countries; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. You represent and warrant that: (i) neither you nor your Host Services are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.
1.5 Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable for a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.
“Adjusted Exchange Rate” means the Base Exchange Rate plus a 3% fee charged by dcdcdcdcdcdcdc for certain cross-border transactions.
“Base Exchange Rate” means a system-wide rate used by dcdcdcdcdcdcdc Payments if the Booking Currency is different than the Listing Country Currency. It does not include any fee or mark-up by dcdcdcdcdcdcdc Payments. dcdcdcdcdcdcdc Payments establishes the Base Exchange Rate using data from one or more third parties such as OANDA (www.oanda.com).
“Booking Currency” means the currency in which a Guest pays for his or her booking. The Guest will be able to see (and in some cases, select) their Booking Currency when checking out. The Booking Currency for a booking may be different from the relevant Listing Country Currency.
“Listing Country Currency” means the default currency associated with the country in which the Listing is located. For example, the Listing Country Currency for a Listing located in New York would be U.S. dollars, and the Listing Country Currency for a Listing located in Japan would be Japanese Yen.
“Payout” means a payment initiated by dcdcdcdcdcdcdc Payments to a Member for services (such as Listing Fees and Co-Host Services Fees) performed in connection with the dcdcdcdcdcdcdc Platform.
“Payment Method” means a financial instrument that you have added to your dcdcdcdcdcdcdc Account, such as a credit card, debit card, or PayPal account.
“Payout Method” means a financial instrument that you have added to your dcdcdcdcdcdcdc Account, such as a PayPal account, direct deposit, a prepaid card, or a debit card (where available).
dcdcdcdcdcdcdc Payments reserves the right to modify these Payments Terms at any time in accordance with this provision. If we make changes to these Payments Terms, we will post the revised Payments Terms on the dcdcdcdcdcdcdc Platform and update the “Last Updated” date at the top of these Payments Terms. We will also provide you with notice by email of the modification at least thirty (30) days before the date they become effective, however, Members contracting with dcdcdcdcdcdcdc Payments UK will receive notice at least two (2) months prior to the effective date. If you disagree with the revised Payments Terms, you may terminate this Agreement with immediate effect. We will inform you about your right of refusal and your right to terminate this Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued use of the Payment Services will constitute acceptance of the revised Payments Terms.
4.1 You must be at least 18 years old and able to enter into legally binding contracts to use the Payment Services. By using the Payment Services you represent and warrant that you are 18 or older.
4.2 If you are agreeing to these Payments Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Payments Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
4.3 dcdcdcdcdcdcdc Payments may make access to and use of certain areas or features of the Payment Services subject to certain conditions or requirements, such as completing a verification process or meeting specific eligibility criteria.
4.4 We may make inquiries we consider necessary to help verify or check your identity or prevent fraud. In some jurisdictions, we have a legal obligation to collect identity information to comply with anti-money laundering regulations. This may include (i) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; (ii) requiring you to take steps to confirm ownership of your email address, Payment Methods or Payout Methods; or (iii) attempting to screen your information against third-party databases. dcdcdcdcdcdcdc Payments reserves the right to close, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
5.1 In order to use the Payment Services, you must have an dcdcdcdcdcdcdc Account in good standing. If you or dcdcdcdcdcdcdc closes your dcdcdcdcdcdcdc Account for any reason, you will no longer be able to use the Payment Services.
5.2 You may authorize a third party to use your dcdcdcdcdcdcdc Account in accordance with the dcdcdcdcdcdcdc Terms. You acknowledge and agree that anyone you authorize to use your dcdcdcdcdcdcdc Account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.
6.1 When you add a Payment Method or Payout Method to your dcdcdcdcdcdcdc Account, you will be asked to provide customary billing information such as name, billing address, and financial instrument information either to dcdcdcdcdcdcdc Payments or its third-party payment processor(s). You must provide accurate, current, and complete information when adding a Payment Method or Payout Method, and it is your obligation to keep your Payment Method and Payout Method up-to-date at all times. The information required for Payout Methods will include:
- for direct deposit, your address, name on the account, account type, routing number, and account number;
- for PayPal, your address, email address, and payout currency; and
- for Payoneer prepaid debit cards, your address, and Payoneer account information.
6.2 When you add or use a new Payment Method, dcdcdcdcdcdcdc Payments may verify the Payment Method by authorizing a nominal amount, not to exceed one dollar ($1), or a similar sum in the Payment Method’s local currency (e.g., one euro or one British pound). For further verification, we may also (i) authorize your Payment Method for one or two additional nominal amounts, each not to exceed two dollars ($2) or a similar sum in the Payment Method’s local currency (e.g., two euros or two British pounds), and ask you to confirm these amounts, or (ii) require you to upload a billing statement. When you add a Payment Method during checkout, we will automatically save that Payment Method to your dcdcdcdcdcdcdc Account so it can be used for a future transaction.
6.3 To verify your Payout Method, dcdcdcdcdcdcdc Payments may send one or more payments of nominal amounts to your Payout Method. We may, and retain the right to, initiate refunds of these amounts from your Payout Method.
6.4 Please note that Payment Methods and Payout Methods may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing payments and Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and dcdcdcdcdcdcdc Payments is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method or Payout Method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your Payment Method or Payout Method.
6.5 You authorize dcdcdcdcdcdcdc Payments to store your Payment Method information and charge your Payment Method as outlined in these Payments Terms. If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partner or your bank and update your Payment Method on file in your dcdcdcdcdcdcdc Account.
6.6 You are solely responsible for the accuracy and completeness of your Payment Method and Payout Method information. dcdcdcdcdcdcdc Payments is not responsible for any loss suffered by you as a result of incorrect Payment Method or Payout Method information provided by you.
Generally speaking, dcdcdcdcdcdcdc Payments will collect the Total Fees from a Guest at the time the Guest’s booking request is accepted by the host, or at any other time mutually agreed between the Guest and dcdcdcdcdcdcdc Payments.
7.2.1 In order to receive a Payout you must have a valid Payout Method linked to your dcdcdcdcdcdcdc Account. dcdcdcdcdcdcdc Payments will generally initiate Payouts to your selected Payout Method: (i) for Accommodations within 24 hours of the Guest’s scheduled check-in time (or within 24 hours of 3:00pm local time - or 3:00pm UTC if local time is unknown - if the check-in time is flexible or not specified); (ii) for Experiences and Events within 24 hours of the start of the Experience or Event; and (iii) for all other Host Services at the time specified via the dcdcdcdcdcdcdc Platform. In certain jurisdictions or instances, dcdcdcdcdcdcdc Payments may offer you a different time or trigger for payment. The time it takes to receive Payouts once released by dcdcdcdcdcdcdc Payments may depend upon the Payout Method you select. dcdcdcdcdcdcdc Payments may delay or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation.
7.2.2 Your Payout for a booking will be the Listing Fee less applicable Host Fees and Taxes.
7.2.3 dcdcdcdcdcdcdc Payments will remit your Payouts in your currency of choice, depending upon your selections via the dcdcdcdcdcdcdc Platform. If the currency of your Listing Fee at the time of booking is different from your selected Payout currency when we initiate your Payout, we will apply the Base Exchange Rate to your Payout. Amounts may be rounded up or down as described in Section 10.5 (“Rounding Off”).
7.2.4 For compliance or operational reasons, dcdcdcdcdcdcdc Payments may limit the value of each individual Payout. If you are due an amount above that limit, dcdcdcdcdcdcdc may initiate a series of Payouts (potentially over multiple days) in order to provide your full payout amount.
7.3.1 If a Host and a Co-Host agree on a Co-Host Services Fee, dcdcdcdcdcdcdc Payments will automatically deduct the Co-Host Services Fees from the Host’s Listing Fee and pay that fee to the Co-Host at the same time dcdcdcdcdcdcdc Payments initiates the Host’s Payout.
7.3.2 In the event that a refund is due to a Guest, dcdcdcdcdcdcdc Payments will automatically deduct the amount of the refund, on a pro-rata basis, from the next Payout due to each of the Host and the Co-Host.
7.4 If you owe any amount to dcdcdcdcdcdcdc (e.g., as a result of your bookings, Booking Modifications, cancellations or other actions as a Guest, Host or Co-Host), you authorize dcdcdcdcdcdcdc Payments to collect these amounts from you by withholding the amounts from your future Payouts and/or charging any Payment Method on file in your dcdcdcdcdcdcdc Account. Any funds collected by dcdcdcdcdcdcdc Payments will setoff the amount owed by you to dcdcdcdcdcdcdc and extinguish your obligation to dcdcdcdcdcdcdc. In addition to the amount due, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.
8.1 You authorize dcdcdcdcdcdcdc Payments to charge your Payment Method the Total Fees for any booking requested in connection with your dcdcdcdcdcdcdc Account. dcdcdcdcdcdcdc Payments will collect the Total Fees in the manner agreed between you and dcdcdcdcdcdcdc Payments via the dcdcdcdcdcdcdc Platform. dcdcdcdcdcdcdc Payments will generally collect the Total Fees after the Host accepts your booking request. However, if you pay with a push Payment Method (such as Boletos or Sofort), dcdcdcdcdcdcdc Payments will collect the Total Fees at the time of your booking request. dcdcdcdcdcdcdc Payments may offer alternative options for the timing and manner of payment; any additional fees for using offered payment options will be displayed via the dcdcdcdcdcdcdc Platform and included in the Total Fees, and you agree to pay such fees by selecting the payment option. If dcdcdcdcdcdcdc Payments is unable to collect the Total Fees as scheduled, dcdcdcdcdcdcdc Payments will collect the Total Fees at a later point. Once the payment transaction for your requested booking is successfully completed you will receive a confirmation email.
8.2 When you request to book a Listing, dcdcdcdcdcdcdc Payments may also (i) obtain a pre-authorization via your Payment Method for the Total Fees or (ii) charge or authorize your Payment Method a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting (e.g., one euro or one British pound), to verify your Payment Method.
8.3 If a requested booking is cancelled either because it is not accepted by the Host or you cancel the booking request before it is accepted by the Host, any amounts collected by dcdcdcdcdcdcdc Payments will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.
8.4 You authorize dcdcdcdcdcdcdc Payments to perform the Payment Method verifications described in Sections 6 and 8, and to charge your Payment Method for any bookings made in connection with your dcdcdcdcdcdcdc Account. You hereby authorize dcdcdcdcdcdcdc Payments to collect any amounts due by charging the Payment Method provided at checkout, either directly by dcdcdcdcdcdcdc Payments or indirectly, via a third-party online payment processor, and/or by one or more of the payment methods available on the dcdcdcdcdcdcdc Platform (such as gift cards).
8.5 If dcdcdcdcdcdcdc Payments is unable collect any amounts due via your selected Payment Method, you authorize dcdcdcdcdcdcdc Payments to charge any other Payments Methods on file in your dcdcdcdcdcdcdc Account (unless you have previously removed the authorization to charge such Payment Method(s)). You also authorize dcdcdcdcdcdcdc Payments to charge any Payment Method on file in your dcdcdcdcdcdcdc Account in the event of a Damage Claim pursuant to Section 12 (“Damage to Accommodations and Security Deposits”).
8.6 If you Overstay at an Accommodation, you authorize dcdcdcdcdcdcdc Payments to charge any Payment Method(s) you have on file in your dcdcdcdcdcdcdc Account to collect Overstay Fees payable under the dcdcdcdcdcdcdc Terms. In addition, dcdcdcdcdcdcdc Payments may recover any costs and expenses it incurs in collecting the Overstay Fees by charging any Payment Method(s) you have on file in your dcdcdcdcdcdcdc Account.
8.7 dcdcdcdcdcdcdc Payments is not responsible for any fees that a Guest’s third-party payment service provider may impose when dcdcdcdcdcdcdc Payments charges the Guest’s Payment Method, and dcdcdcdcdcdcdc Payments disclaims all liability in this regard.
9.1 Each Member collecting payment for services provided via the dcdcdcdcdcdcdc Platform (such as Host Services or Co-Host Services, or transactions facilitated through the Resolution Center) (“Providing Member”) hereby appoints dcdcdcdcdcdcdc Payments as the Providing Member’s payment collection agent solely for the limited purpose of accepting funds from Members purchasing such services (“Purchasing Members”).
9.2 Each Providing Member agrees that payment made by a Purchasing Member through dcdcdcdcdcdcdc Payments, shall be considered the same as a payment made directly to the Providing Member, and the Providing Member will provide the purchased services to the Purchasing Member in the agreed-upon manner as if the Providing Member has received the payment directly from the Purchasing Member. Each Providing Member agrees that dcdcdcdcdcdcdc Payments may refund the Purchasing Member in accordance with the dcdcdcdcdcdcdc Terms. Each Providing Member understands that dcdcdcdcdcdcdc Payments’ obligation to pay the Providing Member is subject to and conditional upon successful receipt of the associated payments from Purchasing Members. dcdcdcdcdcdcdc Payments guarantees payments to Providing Members only for such amounts that have been successfully received by dcdcdcdcdcdcdc Payments from Purchasing Members in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Providing Member, dcdcdcdcdcdcdc Payments assumes no liability for any acts or omissions of the Providing Member.
9.3 Each Purchasing Member acknowledges and agrees that, notwithstanding the fact that dcdcdcdcdcdcdc Payments is not a party to the agreement between you and the Providing Member, dcdcdcdcdcdcdc Payments acts as the Providing Member’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Providing Member. Upon your payment of the funds to dcdcdcdcdcdcdc Payments, your payment obligation to the Providing Member for the agreed upon amount is extinguished, and dcdcdcdcdcdcdc Payments is responsible for remitting the funds to the Providing Member in the manner described in these Payments Terms, which constitute dcdcdcdcdcdcdc Payments’ agreement with the Purchasing Member. In the event that dcdcdcdcdcdcdc Payments does not remit any such amounts, the Providing Member will have recourse only against dcdcdcdcdcdcdc Payments and not the Purchasing Member directly.
10.1 Service Fees and Other Fees
10.1.1 dcdcdcdcdcdcdc Payments collects the Service Fees charged by dcdcdcdcdcdcdc pursuant to the dcdcdcdcdcdcdc Terms. Where applicable, dcdcdcdcdcdcdc Payments may also collect Taxes (such as VAT in Europe) in respect of the Host Fees and Guest Fees. dcdcdcdcdcdcdc Payments deducts the Host Fees from the Listing Fees before remitting the Payout to the Host as described in these Payments Terms. Guest Fees are included in the Total Fees collected by dcdcdcdcdcdcdc Payments.
10.1.2 dcdcdcdcdcdcdc Payments may charge additional fees for use of certain Payment Services and any applicable fees will be disclosed to Members via the dcdcdcdcdcdcdc Platform.
10.2 Cancellations and Refunds
10.2.1 If a Guest cancels a confirmed booking, dcdcdcdcdcdcdc Payments will refund the amount of the Total Fees due to the Guest pursuant to the Listing’s cancellation policy and as otherwise in accordance with the dcdcdcdcdcdcdc Terms (including the Guest Refund Policy). dcdcdcdcdcdcdc Payments will also initiate a Payout of any portion of the Total Fees due to the Host under the applicable cancellation policy.
10.2.2 If a Host cancels a confirmed booking, dcdcdcdcdcdcdc Payments will provide the Guest a full refund of the Total Fees within a commercially reasonable time of the cancellation. In some instances, dcdcdcdcdcdcdc may allow the Guest to apply the refund to a new booking, in which case dcdcdcdcdcdcdc Payments will credit the amount against the Guest’s subsequent booking at the Guest’s direction.
10.2.3 If, as a Host, you cancel a confirmed booking, you agree that dcdcdcdcdcdcdc Payments may collect any cancellation fees imposed pursuant to the dcdcdcdcdcdcdc Terms. In these instances, dcdcdcdcdcdcdc Payments will treat your cancellation as a payment authorization.
10.2.4 If a Host modifies or cancels an Experience, Event, or other Host Service, dcdcdcdcdcdcdc Payments will provide Guests a refund in accordance with the dcdcdcdcdcdcdc Terms.
10.2.5 All refunds may be subject to the dcdcdcdcdcdcdc Terms, and Guest Refund Policy. If a Guest or dcdcdcdcdcdcdc decides for any reason to cancel a confirmed booking pursuant to the dcdcdcdcdcdcdc Terms, Guest Refund Policy, or Extenuating Circumstances Policy, you agree that dcdcdcdcdcdcdc Payments will not have any liability for such cancellations or refunds aside from its obligations to remit refunds or Payouts pursuant to these Payments Terms.
10.2.6 If, as a Host, your Guest cancels a confirmed booking or dcdcdcdcdcdcdc decides that it is necessary to cancel a confirmed booking, and dcdcdcdcdcdcdc issues a refund to the Guest in accordance with the Guest Refund Policy or other applicable cancellation policy, you agree that in the event you have already been paid, dcdcdcdcdcdcdc Payments will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Payouts due to you.
10.3 Resolution Center
You agree that dcdcdcdcdcdcdc Payments may collect from you any amount paid through the Resolution Center in connection with your dcdcdcdcdcdcdc Account by charging the Payment Method associated with the relevant booking or any other Payment Method on file in your dcdcdcdcdcdcdc Account, or by withholding the amount from your future Payouts. dcdcdcdcdcdcdc Payments will process such payments otherwise in accordance with these Payments Terms.
10.4 Recurring Payments
10.4.1 For certain bookings (such as for Accommodation Bookings of twenty-eight (28) nights or more), dcdcdcdcdcdcdc Payments may require a Guest to make recurring, incremental payments toward the Total Fees owed (“Recurring Payments”). More information on Recurring Payments (including the amount and the frequency of payments) will be made available via the dcdcdcdcdcdcdc Platform if applicable to a booking.
10.4.3 If Recurring Payments apply to a confirmed booking, then the Guest authorizes dcdcdcdcdcdcdc Payments to collect the Total Fees, and the Host agrees that dcdcdcdcdcdcdc Payments will initiate Payouts, in the increments and at the frequency agreed to and identified via the dcdcdcdcdcdcdc Platform.
10.4.4 Guests may stop payment of a Recurring Payment by notifying dcdcdcdcdcdcdc Payments orally or in writing at least three (3) business days before the scheduled date of the payment. dcdcdcdcdcdcdc Payments may require that you give written confirmation of a stop-payment order within fourteen (14) days of an oral notification. If you fail to provide written confirmation within fourteen (14) days as requested, dcdcdcdcdcdcdc Payments is not obligated to honor your request to stop any future Recurring Payments. If you have any questions regarding your Recurring Payments, please contact dcdcdcdcdcdcdc Payments pursuant to Section 26.
10.5 Rounding Off
10.5.1 dcdcdcdcdcdcdc Payments may, in its sole discretion, round up or round down amounts that are payable from or to Members to the nearest whole functional base unit in which the currency is denominated (i.e., to the nearest dollar, euro or other supported currency); for example, dcdcdcdcdcdcdc Payments may round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00.
10.5.2 For currencies denominated in large numbers, dcdcdcdcdcdcdc Payments may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for dcdcdcdcdcdcdc Payments to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.
10.6 Payment Processing Errors
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same Payout Method or Payment Method used for the original Payout to or payment by you, so that you end up receiving or paying the correct amount.
10.7 Booking Modifications
If, as a Guest, you owe additional amounts to dcdcdcdcdcdcdc due to a Booking Modification, you agree that dcdcdcdcdcdcdc Payments may collect such amounts by charging the Payment Method used to make your booking (or, if that Payment Method is not available, through any other authorized Payment Method in your dcdcdcdcdcdcdc Account). If, as a Host, you owe dcdcdcdcdcdcdc any amounts due to a Booking Modification, you agree that dcdcdcdcdcdcdc Payments may collect those amounts pursuant to Section 7 (“Financial Terms for Hosts”) and as otherwise permitted under these Payments Terms.
If dcdcdcdcdcdcdc Payments is unable to collect any amounts you owe under these Payments Terms, dcdcdcdcdcdcdc Payments may engage in collection efforts to recover such amounts from you. dcdcdcdcdcdcdc Payments will deem any owed amounts overdue when: (a) for authorized charges, ninety (90) days have elapsed after dcdcdcdcdcdcdc Payments first attempts to charge the Member’s Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s future Payouts, one hundred and eighty (180) days have elapsed after the adjustment is made to the Host’s account or the associated services have been provided, whichever is later. Any overdue amounts not collected within one hundred and eighty (180) days after they become overdue will be deemed to be in default. You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail or by phone, as provided to dcdcdcdcdcdcdc and/or dcdcdcdcdcdcdc Payments by you. Such communication may be made by dcdcdcdcdcdcdc, dcdcdcdcdcdcdc Payments, or by anyone on their behalf, including but not limited to a third-party collection agent.
10.9 dcdcdcdcdcdcdc Travel Credits
dcdcdcdcdcdcdc Travel Credits may be redeemed for applicable bookings via the dcdcdcdcdcdcdc Platform as specified in the dcdcdcdcdcdcdc Referral Program Terms & Conditions or other terms and conditions provided with the Travel Credit. You may only redeem dcdcdcdcdcdcdc Travel Credits after the dcdcdcdcdcdcdc Travel Credits are reflected in your dcdcdcdcdcdcdc Account.
11.1 In any jurisdiction where dcdcdcdcdcdcdc facilitates Collection and Remittance pursuant to the dcdcdcdcdcdcdc Terms, you hereby instruct and authorize dcdcdcdcdcdcdc Payments to collect Occupancy Taxes from Guests on the Host’s behalf at the time the Listing Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. The amount of Occupancy Taxes, if any, collected and remitted by dcdcdcdcdcdcdc Payments will be visible to and separately stated to both Guests and Hosts on their respective transaction documents. You expressly agree to release, defend, indemnify, and hold dcdcdcdcdcdcdc Payments and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to Occupancy Taxes, including, without limitation, the applicability of, calculation, collection or remittance of Occupancy Taxes in any amount or at all as to your transactions or Accommodations.
11.2 You agree that any claim or cause of action relating to dcdcdcdcdcdcdc Payments’ facilitation of Collection and Remittance shall not extend to any supplier or vendor that may be used by dcdcdcdcdcdcdc in connection with facilitation of Collection and Remittance of Occupancy Taxes, if any. Guests and Hosts agree that we may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by dcdcdcdcdcdcdc from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
12.1 If you as a Guest (i) agree to pay the Host in connection with a Damage Claim, or (ii) dcdcdcdcdcdcdc determines that you are responsible for damaging an Accommodation or any personal or other property located at an Accommodation pursuant to the dcdcdcdcdcdcdc Terms, you authorize dcdcdcdcdcdcdc Payments to charge the Payment Method used to make the booking in order to collect any Security Deposit associated with the Listing, as well as any amount of the Damage Claim exceeding any Security Deposit. If the Listing does not have a Security Deposit, dcdcdcdcdcdcdc Payments may charge the Payment Method used to make the booking for the amount of the Damage Claim. If we are unable to collect from your Payment Method used to make the booking, you agree that dcdcdcdcdcdcdc Payments may charge any other Payment Method on file (and not otherwise unauthorized) in your dcdcdcdcdcdcdc Account at the time of the Damage Claim.
12.2 dcdcdcdcdcdcdc Payments also reserves the right to otherwise collect payment from you and pursue any remedies available to dcdcdcdcdcdcdc Payments in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Hosts under the dcdcdcdcdcdcdc Host Guarantee.
12.3 Security Deposits, if required by a Host, may be applied to any Overstay Fees due from a Guest.
13.1 dcdcdcdcdcdcdc Payments will do a currency conversion in the following situations:
- Where a Guest submits a booking request for a Listing using a Booking Currency that is different from the Listing Country Currency, dcdcdcdcdcdcdc Payments will calculate the Total Fees in the Booking Currency by applying either the Base Exchange Rate or the Adjusted Exchange Rate to the Total Fees in the Listing Country Currency at the time of the booking request. Any fees that are based on a percentage of the applicable Listing Fees (such as Guest Fees), will be calculated based on the Listing Fees in the Booking Currency (i.e., after conversion from the Listing Country Currency). The Base Exchange Rate will be applied if dcdcdcdcdcdcdc is unable to process your transaction in the default currency of your Payment Method; in all other cases, the Adjusted Exchange Rate will apply.
- When a confirmed booking is modified or cancelled, and a currency conversion has been applied, the Guest’s payment will be processed using the same Base Exchange Rate or Adjusted Exchange Rate applied at the time of the original booking.
13.2 When you as a Guest submit a booking request for a Listing, and such request will be subject to a currency conversion, you will be able to view the exchange rate applied to do the currency conversion before you checkout.
You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third parties, third-party rights, or the dcdcdcdcdcdcdc Terms, Policies, or Standards;
- use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms;
- register or use any Payment Method or Payout Method with your dcdcdcdcdcdcdc Account that is not yours or you do not have authorization to use;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by dcdcdcdcdcdcdc Payments or any of dcdcdcdcdcdcdc Payments’ providers or any other third party to protect the Payment Services;
- take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
15.1 The Payment Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Payment Services, including all associated intellectual property rights, are the exclusive property of dcdcdcdcdcdcdc, dcdcdcdcdcdcdc Payments and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Payment Services. All trademarks, service marks, logos, trade names, and any other proprietary designations of dcdcdcdcdcdcdc or dcdcdcdcdcdcdc Payments used on or in connection with the Payment Services are trademarks or registered trademarks of dcdcdcdcdcdcdc or dcdcdcdcdcdcdc Payments in the United States and abroad. Trademarks, service marks, logos, trade names, and any other proprietary designations of third parties used on or in connection with Payment Services are used for identification purposes only and may be the property of their respective owners.
15.2 You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Payment Services, except as expressly permitted in these Payments Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by dcdcdcdcdcdcdc, dcdcdcdcdcdcdc Payments, or its licensors, except for the licenses and rights expressly granted in these Payments Terms.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Payment Services (“Feedback”). You may submit Feedback by emailing us, through the “Contact” section of the dcdcdcdcdcdcdc Platform, or pursuant to Section 26 (“Contacting dcdcdcdcdcdcdc Payments”). Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
17.1 If you choose to use the Payment Services, you do so voluntarily and at your sole risk. The Payment Services are provided “as is”, without warranty of any kind, either express or implied.
17.2 Notwithstanding dcdcdcdcdcdcdc Payments’ appointment as the limited payment collection agent of Providing Members for the purposes of accepting payments from Purchasing Members through the dcdcdcdcdcdcdc Platform, dcdcdcdcdcdcdc Payments explicitly disclaims all liability for any act or omission of any Member or other third party. dcdcdcdcdcdcdc Payments does not have any duties or obligations as agent for each Providing Member except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are expressly excluded.
17.3 If we choose to conduct identity verification on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
17.4 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
18.1 You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Payment Services remains with you. If you permit or authorize another person to use your dcdcdcdcdcdcdc Account in any way, you are responsible for the actions taken by that person. Neither dcdcdcdcdcdcdc Payments nor any other party involved in creating, producing, or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not dcdcdcdcdcdcdc Payments 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. Except for our obligations to pay amounts to applicable Providing Members pursuant to these Payments Terms or an approved payment request under the dcdcdcdcdcdcdc Host Guarantee, in no event will dcdcdcdcdcdcdc Payments’ aggregate liability arising out of or in connection with these Payments Terms and your use of the Payment Services including, but not limited to, from your use of or inability to use the Payment Services, exceed the amounts you have paid or owe for bookings via the dcdcdcdcdcdcdc Platform as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host or Co-Host, the amounts paid by dcdcdcdcdcdcdc Payments to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between dcdcdcdcdcdcdc Payments and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect dcdcdcdcdcdcdc Payments’ liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
18.2 If you reside in the EU, Section 18.1 does not apply, and dcdcdcdcdcdcdc Payments is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. dcdcdcdcdcdcdc Payments is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of dcdcdcdcdcdcdc Payments in whose proper fulfillment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of dcdcdcdcdcdcdc Payments is excluded.
You agree to release, defend (at dcdcdcdcdcdcdc’s option), indemnify, and hold dcdcdcdcdcdcdc Payments 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 breach of these Payments Terms; (ii) your improper use of the Payment Services; (iii) dcdcdcdcdcdcdc Payments’ Collection and Remittance of Occupancy Taxes; or (iv) your breach of any laws, regulations, or third-party rights.
20.1 You may terminate this Agreement at any time via the “Cancel Account” feature on the dcdcdcdcdcdcdc Platform or by sending us an email, or by following the termination procedures specified in the dcdcdcdcdcdcdc Terms. Terminating this Agreement will also serve as notice to cancel your dcdcdcdcdcdcdc Account pursuant to the dcdcdcdcdcdcdc Terms. If you cancel your dcdcdcdcdcdcdc Account as a Host, dcdcdcdcdcdcdc Payments will provide a full refund to any Guests with confirmed booking(s). If you cancel your dcdcdcdcdcdcdc Account as a Guest, dcdcdcdcdcdcdc Payments will initiate a refund for any confirmed booking(s) based on the Listing’s cancellation policy.
20.2 Without limiting our rights specified below, dcdcdcdcdcdcdc Payments may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address (or two (2) months’ prior notice for Members contracting with dcdcdcdcdcdcdc Payments UK).
20.3 dcdcdcdcdcdcdc Payments may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under this Agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights; or (iv) dcdcdcdcdcdcdc Payments believes in good faith that such action is reasonably necessary to protect other Members, dcdcdcdcdcdcdc, dcdcdcdcdcdcdc Payments, or third parties (for example in the case of fraudulent behavior of a Member).
20.4 In addition, dcdcdcdcdcdcdc Payments may limit or temporarily or permanently suspend your use of or access to the Payment Services (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, or if (ii) you have breached these Payments Terms, the dcdcdcdcdcdcdc Terms, applicable laws, regulations or third-party rights, (iii) you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, or (iv) dcdcdcdcdcdcdc Payments believes in good faith that such action is reasonably necessary to protect the personal safety or property of dcdcdcdcdcdcdc, its Members, dcdcdcdcdcdcdc Payments, or third parties, or to prevent fraud or other illegal activity.
20.5 In case of non-material breaches and where appropriate, you will be given notice of any measure by dcdcdcdcdcdcdc Payments and an opportunity to resolve the issue to dcdcdcdcdcdcdc Payments' reasonable satisfaction.
20.6 If you are a Host and we take any of the measures described in this Section we may refund your Guests in full for any and all confirmed bookings, irrespective of preexisting cancellation policies, and you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
20.7 If your access to or use of the Payment Services has been limited or this Agreement has been terminated by us, you may not register a new dcdcdcdcdcdcdc Account or attempt to access and use the Payment Services through other an dcdcdcdcdcdcdc Account of another Member.
20.8 Unless you reside in Germany, if you or we terminate this Agreement, the clauses of these Payments Terms that reasonably should survive termination of these Payments Terms will remain in effect.
21.1 Generally speaking, the dcdcdcdcdcdcdc Payments entity with whom you are contracting for the Payment Services is determined for each payment or payout based on the jurisdiction where the Payment Method or Payout Method was issued. The jurisdictions and the corresponding dcdcdcdcdcdcdc Payments contracting entity are set forth below:
|Jurisdiction||Local Contracting Entity|
|All others||dcdcdcdcdcdcdc Payments UK Ltd.|
21.2 For purposes of these Payments Terms, the People’s Republic of China does not include Hong Kong, Macau, and Taiwan (“China”). The above contracting entity rules are subject to the following exceptions:
- if you use a Payment Method or Payout Method issued in China and book a Listing or create a Listing outside of China, or book a Listing in China with a Host who is not a resident of China, you are contracting with dcdcdcdcdcdcdc Payments UK related to that activity;
- If you use a Payment Method issued in India and book a Listing with a Host whose Payout Method is not issued in India, you are contracting with dcdcdcdcdcdcdc Payments UK for that booking;
- if you use a Payout Method issued in India and accept a booking from a Guest with a Payment Method that is not issued in India, you are contracting with dcdcdcdcdcdcdc Payments UK for that booking; and
- if you use a Payment Method or Payout Method issued in any jurisdiction other than the United States or India and are not contracting with dcdcdcdcdcdcdc China, you are contracting with dcdcdcdcdcdcdc Payments UK
21.3 If your dcdcdcdcdcdcdc Payments contracting entity under this Section 21 is dcdcdcdcdcdcdc China, you will nevertheless contract with dcdcdcdcdcdcdc Payments UK for Payment Services related to any bookings confirmed prior to December 7, 2016 at 10:00am UTC.
22.1 If you are contracting with dcdcdcdcdcdcdc Payments US, these Payments 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. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 23 must be brought in state or federal court in San Francisco, California, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in San Francisco, California.
22.2 If you are contracting with dcdcdcdcdcdcdc China, these Payments Terms will be governed by and construed in accordance with the laws of China (“China Laws”). Any dispute arising from or in connection with these Payments Terms shall be submitted to the China International Economic and Trade Arbitration Commission (CIETAC) for arbitration in Beijing which shall be conducted in accordance with CIETAC’s arbitration rules in effect at the time of applying for arbitration, provided that this section shall not be construed to limit any rights which dcdcdcdcdcdcdc Payments may have to apply to any court of competent jurisdiction for an order requiring you 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.
22.3 If you are contracting with dcdcdcdcdcdcdc Payments UK, these Payments Terms will be interpreted in accordance with English law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. The choice of law does not impact your rights as a consumer according to the consumer protection regulations of your country of residence. If you are acting as a consumer you agree to submit to the non-exclusive jurisdiction of the English courts. Judicial proceedings that you are able to bring against us arising from or in connection with these Payments Terms may only be brought in a court located in England or a court with jurisdiction in your place of residence. If dcdcdcdcdcdcdc Payments wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the English courts.
22.4 If you are contracting with dcdcdcdcdcdcdc Payments India, these Payments Terms will be interpreted in accordance with the laws of India. Any dispute arising from or in connection with these Payments Terms shall be submitted to the International Chamber of Commerce (“ICC”) for arbitration in New Delhi, which shall be the seat and venue of arbitration. Such arbitration shall be conducted in accordance with the arbitration rules of the ICC in effect at the time of applying for arbitration, provided that this section shall not be construed to limit any rights which dcdcdcdcdcdcdc Payments may have to apply to any court of competent jurisdiction for an order requiring you to perform or be prohibited from performing certain acts and other provisional relief permitted under the laws of India or any other laws that may apply to you. In the event one or more of the parties to the dispute are non-resident, the parties agree to exclude (for the avoidance of any doubt) the applicability of the provisions of Part I (save and except Section 9, Section 27, Section 37(1)(a) and Section 37(3) thereof) of the Indian Arbitration and Conciliation Act 1996 to any arbitration under this section. The arbitration proceedings shall be conducted in English. The arbitral award rendered is final and binding upon both parties. Each party shall bear its own costs in relation to the arbitration.
23.1 This Dispute Resolution and Arbitration Agreement shall apply if you (i) are contracting with dcdcdcdcdcdcdc Payments US; or (ii) bring any claim against any dcdcdcdcdcdcdc Payments entity in the United States (to the extent not in conflict with Section 22).
23.2 Overview of Dispute Resolution Process. dcdcdcdcdcdcdc Payments is committed to participating in a consumer-friendly dispute resolution process. To that end, these Payments Terms provide for a two-part process for individuals to whom Section 23.1 applies: (1) an informal negotiation directly with dcdcdcdcdcdcdc’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 23). Specifically, the process provides:
- Claims can be filed with AAA online ;
- Arbitrators must be neutral and no party may unilaterally select an arbitrator;
- Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
- Parties retain the right to seek relief in small claims court for certain claims, at their option;
- The initial filing fee for the consumer is capped at $200;
- The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
- The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.
23.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and dcdcdcdcdcdcdc Payments each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact dcdcdcdcdcdcdc’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration provided to the other party, as specified in the AAA Rules.
23.4 Agreement to Arbitrate. You and dcdcdcdcdcdcdc Payments mutually agree that any dispute, claim or controversy arising out of or relating to these Payments Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Payment Services (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and dcdcdcdcdcdcdc Payments agree that the arbitrator will decide that issue.
23.5 Exceptions to Arbitration Agreement. You and dcdcdcdcdcdcdc Payments each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
23.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified here.
23.7 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, dcdcdcdcdcdcdc Payments agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in San Francisco County; (c) in any other location to which you and dcdcdcdcdcdcdc Payments both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
23.8 Modification of AAA Rules - Attorney’s Fees and Costs. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, dcdcdcdcdcdcdc Payments agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA rules, to recover attorneys’ fees and expenses if it prevails in arbitration.
23.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
23.10 Jury Trial Waiver. You and dcdcdcdcdcdcdc Payments acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
23.11 No Class Actions or Representative Proceedings. You and dcdcdcdcdcdcdc Payments acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and dcdcdcdcdcdcdc Payments both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.
23.12 Severability. Except as provided in Section 23.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
23.13 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Payments Terms”), if dcdcdcdcdcdcdc Payments changes this Section 23 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of dcdcdcdcdcdcdc Payments’ email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and dcdcdcdcdcdcdc Payments in accordance with the provisions of the “Dispute Resolution” section as of the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms).
23.14 Survival. Except as provided in Section 23.12 and subject to Section 20.8, this Section 23 will survive any termination of these Payments Terms and will continue to apply even if you stop using the Payment Services or terminate your dcdcdcdcdcdcdc Account.
24.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire Agreement between dcdcdcdcdcdcdc Payments and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between dcdcdcdcdcdcdc Payments and you regarding the Payment Services.
24.2 No joint venture, partnership, employment, or agency relationship exists between you or dcdcdcdcdcdcdc Payments as a result of this Agreement or your use of the Payment Services.
24.3 If any provision of these Payments Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
24.4 dcdcdcdcdcdcdc Payments’ failure to enforce any right or provision in these Payments Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law.
24.5 You may not assign, transfer, or delegate this Agreement and your rights and obligations hereunder without dcdcdcdcdcdcdc Payments’ prior written consent. dcdcdcdcdcdcdc Payments may without restriction assign, transfer, or delegate this Agreement and any rights and obligations, at its sole discretion, with thirty (30) days’ prior notice (or two (2) months’ prior notice for Members contracting with dcdcdcdcdcdcdc Payments UK). Your right to terminate this Agreement at any time remains unaffected.
24.6 This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third-party beneficiaries of this Agreement for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to this Agreement.
24.7 Unless specified otherwise, any notices or other communications permitted or required under this Agreement, will be in writing and given by dcdcdcdcdcdcdc Payments via email, dcdcdcdcdcdcdc Platform notification, or messaging service (including SMS and WeChat). For notices made to Members residing outside of Germany, the date of receipt will be deemed the date on which dcdcdcdcdcdcdc transmits the notice.
24.8 If you are contracting with dcdcdcdcdcdcdc Payments UK you can access the European Commission’s online dispute resolution platform. Please note that dcdcdcdcdcdcdc Payments UK is not committed or obliged to use an alternative dispute resolution entity to resolve disputes with consumers.
The following paragraphs will apply if you are contracting with dcdcdcdcdcdcdc Payments UK:
25.1 Payment Service User
25.1.1 The Payment Services include the payment collection service provided to Hosts contracting with dcdcdcdcdcdcdc Payments UK. The payment collection service constitutes a “payment service” regulated under the Payment Services Regulations and for these purposes dcdcdcdcdcdcdc Payments UK treats Hosts as the “payment service user.”
25.1.2 By agreeing to these Payments Terms you as Host have consented to dcdcdcdcdcdcdc Payments UK’s payment of each Payout to your chosen Payout Method. Hosts may change a Payout Method up to one (1) day before the time agreed for the Payout as set out in Section 7.2. dcdcdcdcdcdcdc Payments UK will be deemed to have received the Host's payment order to the Host on the same date dcdcdcdcdcdcdc Payments UK agrees to initiate the Payout in accordance with Section 7.2.
25.1.3 dcdcdcdcdcdcdc Payments UK will endeavor to ensure that Hosts based in the EEA will receive each Payout by the end of the business day following dcdcdcdcdcdcdc Payments UK’s initiation of the Payout.
25.2 Communication. dcdcdcdcdcdcdc Payments will provide the Host notice via email when we initiate each Payout. We will also provide notice to a Host’s registered email address if the Payout is returned to us because of an error. It is your responsibility as a Host to ensure that you provide us with a current, accurate, and valid email address.
25.3 Resolution Procedures for Diverted Payouts
25.3.1 If you as a Host believe that a Payout properly due to you has been or may be diverted without your permission (“Diverted Payout”) because your password or other credentials to log into your dcdcdcdcdcdcdc Account (“Credentials”) are lost or stolen, you should notify dcdcdcdcdcdcdc Payments UK pursuant to Section 26 immediately. As a Host you may be liable for losses relating to any Diverted Payout arising from the use of lost, stolen, or misappropriated Credentials (including the loss of a mobile phone on which you have installed the Application) or where you have failed to keep your Credentials safe, up to a maximum of £50. Provided that you notify us of any Diverted Payout without delay and at the very latest within 13 months of the date of the payment, you may be entitled to a refund of that payment.
25.3.2 We will not be liable for any loss arising from: (i) Diverted Payouts where you acted fraudulently or where, with intent or gross negligence, you failed to use the dcdcdcdcdcdcdc Platform and/or Payment Services in accordance with the dcdcdcdcdcdcdc Terms or these Payments Terms (including the obligation to keep your Credentials safe); (ii) or any payout transaction which we facilitated in accordance with information provided by you where the information you provided was incorrect.
25.3.3 If you as Host claim not to have received a Payout properly due to you via your chosen Payout Method, dcdcdcdcdcdcdc Payments UK will (if requested) make immediate efforts to trace the payment and will notify you of the outcome. Unless we can prove that the payment was received by you via your chosen Payout Method, we will refund the amount.
25.3.4 Any complaints about the Payment Services should be made to dcdcdcdcdcdcdc Payments UK pursuant to Section 26. Complaints that are made in accordance with this section that relate to the provision of Payment Services by dcdcdcdcdcdcdc Payments UK will be eligible for referral to the Financial Ombudsman and will be subject to the Rules of the Financial Ombudsman Service.
25.4 Section 8, “Financial Terms for Guests”, shall be amended by adding the following: “You acknowledge that if your dcdcdcdcdcdcdc Account is located in Brazil and you are paying by credit card, you may pay for your booking in multiple installments as long as your credit card supports installments and is issued in Brazil. The number of installments may vary, but will be presented to you before you complete your booking transaction. You also acknowledge that the Total Fees may be increased in case you choose to pay for your booking using credit card installments.”
You may contact dcdcdcdcdcdcdc Payments regarding the Payment Services using email.