Smluvní podmínky Programu doporučování hostitelů – doporučující hostitel

PLEASE NOTE THAT THE AIRBNB TERMS OF SERVICE AND PRIVACY POLICY AGREED TO BY YOU APPLY TO YOUR PARTICIPATION IN THE HOST REFERRAL PROGRAM AND YOUR USE OF THE HOST REFERRAL DASHBOARD AND OTHER TOOLS AND WEBSITES PROVIDED BY AIRBNB. THESE PROGRAM TERMS AND CONDITIONS (“TERMS”) SUPPLEMENT THE AIRBNB TERMS OF SERVICE AND PRIVACY POLICY. PLEASE CONSULT THE AIRBNB TERMS OF SERVICE AND PRIVACY POLICY BEFORE AGREEING TO THESE ADDITIONAL TERMS AND CONDITIONS.

Description of the Program

The Airbnb Host Referral Program (“Program”) permits select, invited eligible members to earn money (see Payment section below) by referring to Airbnb first time, new Hosts (“Referred Hosts”) who create listings or activate existing listings for the first time and successfully complete bookings. A “Completed” booking is a booking that is accepted by the Referred Host and paid for by the Guest and which is not cancelled by either the Guest or the Referred Host at any time before or after the scheduled check-in for such booking.

Referred Hosts will be attributed upon Referring Host’s invite. Referring Hosts can only get Payment for the first 25 Referred Hosts (i.e., the first 25 Hosts they Referred under this Referral Program) who Complete their first booking in line with these Terms.

To participate, Referring Hosts must agree to these Terms. The Program may not be combined with other Airbnb referral programs or incentives. By participating in the Program, you forfeit your ability to earn promotional coupon credits (“Travel Credits”) via other Airbnb referral programs for Referred Hosts. When you refer a Referred Host, the Host will see your Airbnb listing and profile on the landing page for your Referral Link.

Use of the Dashboard

You agree that you will not use the Host Referral Dashboard (“Dashboard”) for any purpose other than tracking your own progress and the progress of others in your geographic area. You will respect the privacy of others and comply with applicable laws.

Your Referrals

You agree to (i) use best efforts to refer Referred Hosts to create and activate listings located; and (ii) educate Referred Hosts on how to use the Airbnb platform, including how to accept bookings through the Airbnb platform, by pointing them to resources at airbnb.com. You may not represent yourself as an employee, intermediary or agent or as being authorized to bind the Company. You may not create materials (including business cards, websites or email addresses) bearing Company branding or that imply any affiliation or agency relationship between you and Airbnb. However, you must state that you are a Referring Host who is encouraging Hosts to list on Airbnb.

Sharing Referral Links

Referrals should only be used for personal and non-commercial purposes, and only shared with personal connections that will appreciate receiving these invitations. Referral links should not be published or distributed where there is no reasonable basis for believing that all or most of the recipients are personal friends (such as coupon websites, Reddit, or Wikipedia).

You agree and represent that you will use referral methods and techniques that people will appreciate and that are legal. You should only contact people who have given you their consent to be contacted, and you should not solicit potential hosts who live in buildings where short-term rentals are prohibited by law, such as government-sponsored housing. You agree and represent that you will always be mindful to respect the privacy of others (i.e. do not spam), be honest, open, and transparent about who you are and what you are offering (i.e. do not mislead). Make sure to tell your friends and other who you invite to join Airbnb to check the laws that may apply to them and that you educate them about what it takes to be a responsible host. More details are available at responsible-hosting.

You agree that you will not set up accounts, create listings, or prepare listing content on behalf of Referred Hosts and that you will not be eligible for payments if you are in breach of these Host Referral Program Terms.

Host Associates

The Program also includes a Host Associates Program, and includes individuals or organizations empowered to earn Payments on an individualized schedule and through its own method. The Host Associates Program pays qualifying individuals (“Associates”) (see Payment section below) by referring to Airbnb first time, new Hosts who create unique listings or activate existing unique listings for the first time and successfully complete bookings. A “Completed” booking is a booking that is accepted by the new unique listing Host and paid for by the Guest and which is not cancelled by either the Guest or the new unique listing Host at any time before or after the scheduled check-in for such booking.

To register as Associates, individuals or organizations must provide the information requested by Airbnb during the outreach process and demonstrate that they meet certain criteria. Nothing in these Referral Terms creates any employment, partnership, joint venture, agency, franchise, or sales representative relationship with us or our affiliates.

When approved by Airbnb within its sole discretion, Associates are not required to perform all referring tasks personally, and if Associates engage other people such as employees or contractors to perform the obligations for them, the Associates are responsible for the acts and omissions of those people working at the Associates’ direction or supervision. Associates must transparently represent their relationship with Airbnb, and not permitted to imply any affiliation with Airbnb beyond their limited role as an Associate.

Payment

If you are based in the United States, you will receive the amount specified on the Referrals send page under the “Referrals” heading.

If you are based outside the US, you will receive the equivalent in your local currency (i.e., the currency of the payment method that you have selected for payouts).

Where applicable, the local currency equivalent will be calculated using a system-wide rate, known as the base exchange rate, for currency conversion using data from one or more third parties, such as OANDA. We regularly update the base exchange rate, but it may not be identical to the real-time market rate.

To qualify for any payouts, the Referred Host’s first received booking must have a value (excluding cleaning fees, taxes, and special offers) of at least $100 USD (or the equivalent in your local currency ). The Referred Host has 90 days from the date they are invited to Complete their first qualifying booking in order to earn the Payment.

All Referred Hosts must be new, first time Hosts. No payment will be made for listings created by current or former Airbnb Hosts, or for bookings made by family or friends of the Referred Host, or for bookings where either the Referred Host or the Referred Host's listing has the same address as you. Payouts will be made within 30 days of each qualifying event, to the payout mechanism you designate on your Airbnb account. The Airbnb Terms of Service as it relates to the application of taxes applies to any Program payout.

Whether a payout is due shall be a decision made in the sole discretion of Airbnb. Airbnb reserves the right to any remedy, including denial of payout or cancellation of your account, if fraud, tampering or other violations of Airbnb's Terms of Service or these Terms are suspected.

Additional Incentives and Programs

From time to time, Airbnb may publicize additional incentives and programs applicable to particular markets. Such announcements will include specific information regarding the requirements for receiving such incentives in that market.

Taxes

Tax regulations may require us to collect appropriate tax information from Referring Hosts, or to withhold taxes from payouts, or both. For instance, IRS regulations stipulate that we must collect an IRS Form W-9 from US persons who receive payment. You are solely responsible for keeping the information in your tax forms current, complete and accurate. If you fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold payments to you, we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.

You understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Airbnb cannot and does not offer Tax-related advice to you. Where applicable, or based upon request, Airbnb may issue a valid VAT invoice to you.

Nature of Relationship

You acknowledge and agree that it is a fundamental term and condition precedent of your participation in the Program that you are not an employee, intermediary or agent of the Company, and you will not hold yourself out as, or give any person reason to believe, that you are an employee, intermediary or agent of the Company. You agree nothing in your participation will be construed as establishing an employment or agency relationship between Company and you. Accordingly, you have not at any time been and are not entitled to, and hereby irrevocably waive any right or claim to, the benefits provided by the Company to its employees from time to time, including vacation time, benefits, salary, bonus, stock or stock options, profit sharing, insurance, or medical and health benefits. The Company will not carry any liability or other insurance on behalf of you or in your favor.

Warranties

You represent and warrant that: (a) you have all necessary consents and permits to participate in this Program, (b) you have no pre-existing obligations or commitments (and will not assume or otherwise undertake any obligations or commitments) that would be in conflict or inconsistent with or that would hinder your performance of your obligations under this Agreement, (c) you will fully comply at all times with all applicable laws and you will not infringe on any third-party (including Airbnb) rights.

Indemnity

You will defend, indemnify and hold Airbnb harmless from and against all claims, damages, liabilities, losses, expenses and costs (including reasonable fees and expenses of attorneys and other professionals) arising out of or resulting from your negligence or intentional misconduct with respect to your participation in the Program.

Termination

Airbnb may terminate your participation in the Program at any time, for any reason or no reason. The rights and obligations of the parties under these Terms will survive the expiration or termination of this Agreement.

Exclusion and Limitation of Liability

In no event will Airbnb be liable for any special, incidental, punitive, exemplary or consequential damages of any kind in connection with this Agreement, even if the Company has been informed in advance of the possibility of such damages. In no event will the Company’s aggregate liability to you in connection with this Agreement exceed the aggregate amount of the payments made by the Company to you in accordance with this Agreement.

Modification

Airbnb reserves the right, at its sole discretion, to modify the Program at any time by posting an update on this page. By continuing to access the Dashboard or recruit Referred Hosts, you agree that the Terms are acceptable to you and binding on you. If the modified Terms are not acceptable to you, your only recourse is to cease using the Dashboard and to terminate your Program participation.