Smluvní podmínky pro doporučení a vyslance
Airbnb maintains referral, ambassador and similar Programs that allow Members to earn payments or coupons when they, or the people they refer, take certain actions - like make or receive their first booking. Many Programs have specific requirements, which, if not set out in these Referral Terms, are included on the relevant Program pages, Program dashboards, in communications related to the Program, in supplemental terms, or contracts specific to that Program (collectively, “Program Materials”). Programs reward participating Members with coupons (“Coupons”); loyalty, award or promotional credits (“Credits”); and/or cash payments (“Payments” and together with Coupons and Credits, “Rewards”). Please review the Program Materials for requirements, limitations and other rules that apply to a Program. Any rules that are not described in these Referral Terms are set out in the relevant Program Materials.
The Reward for completion of a referral or other action, and any limits or restrictions, are set out in the applicable Program Materials.
Coupons. Coupons are provided in the form of a code and are redeemed by entering that code during checkout. Coupons can only be used on the Airbnb Platform, are not redeemable for cash or gift cards, and cannot be combined with other offers, coupons, or discount codes. All Coupons are single use and any portion of a Coupon not used at checkout automatically expires. The expiration date and any other Program specific limitations that apply to Coupon Rewards are set out in the relevant Program Materials. Coupons have no cash value and cannot be transferred or exchanged for cash.
Credits. Credits are tracked automatically by Airbnb in the Member’s account. The expiration date and any other Program specific limitations that apply to Credit Rewards are set out in the relevant Program Materials. Credits have no cash value and cannot be transferred or exchanged for cash. Unless otherwise specified in the relevant Program Materials, Airbnb does not charge incremental fees for use or nonuse of Credits.
Cash. Payments of cash are made using the payment information provided by the participating Member. Payments are made in the currency selected by the Member, or according to the payout method selected if different.
We maintain a Guest referral Program available at https://www.airbnb.com/invite. Our Guest referral Program rewards Members when they refer a new Member and that referred Member completes their first qualifying reservation. To qualify, the reservation must cost no less than the amount specified in the applicable Program Materials. The minimum cost means the price of the reservation before taxes and Guest fees. The referring Member, the referred Member, or both, may be eligible for a Reward depending upon the offer as stated in the Program Materials.
We maintain Host referral Programs available at https://www.airbnb.com/refer and https://www.airbnb.com/refer/experiences. Our Host referral Programs reward Members when they refer a Member, and the referred Member publishes a new Listing and completes bookings for that Listing. Depending upon the offer, the Reward may be paid following completion of the first booking of a certain minimum value, or of multiple bookings with a minimum aggregate value.
We maintain ambassador Programs in select locations that reward qualifying Members (“Ambassadors”) when they refer new Hosts who complete bookings or take other actions set out in the Program Materials. To register as an Ambassador, a Member must provide the information requested during the sign up process and demonstrate that they meet certain criteria. Ambassadors are non-exclusive independent contractors of Airbnb, and nothing in these Referral Terms creates any employment, partnership, joint venture, agency, franchise, or sales representative relationship with us or our affiliates. Ambassadors are entrepreneurs who are empowered to earn on their own schedule and in their own way. Ambassadors are not required to do the work personally, but if they engage other people to work for them, they are responsible for the acts and omissions of those people. Ambassadors must not misrepresent their relationship with Airbnb or imply any affiliation with Airbnb beyond their limited role as an Ambassador. Ambassadors must keep confidential all data that Airbnb shares with them, including data related to the new hosts they recruit.
Ambassadors are not authorized to make any representations, contracts or commitments on behalf of Airbnb unless specifically requested or authorized in writing to do so by an authorized employee of Airbnb. Nothing in in these guidelines shall be construed to constitute either party as the agent or employee of the other party for any purpose, or create any joint venture or partnership between the parties whatsoever, and neither party shall bind, or attempt to bind the other party to any contract or the performance of any other obligation, or represent to any third party that it has any right to enter into any binding obligation on the other party's behalf. Specifically, Ambassadors are not authorized to perform any activities which require a real estate license, such as negotiating real estate contracts or leases, performing rent or real estate valuation or appraisals, soliciting potential real estate listings, advertising real estate or creating real estate marketing material, collecting rent, or acting as an agent for a property owner for compensation.
When participating Members engage in marketing in connection with a Program, they are considered the sender of any marketing communication they initiate and are responsible for their own compliance under applicable marketing and telecommunications laws. This means, among other things, that Members are responsible for following applicable law requirements, such as they must not send unsolicited commercial or marketing related messages and must respect unsubscribe and do not contact requests. Referral links may not be published or distributed on commercial websites (such as coupon websites, Reddit, or Wikipedia). Members are prohibited from paying to advertise their referral links. They must also disclose that they are paid based on successful referrals. For example: Ambassadors must include in their marketing materials the following or similar language:
“As an Airbnb Ambassador, I earn when you Host on Airbnb.”
Airbnb may make available to Members who participate in a Program marketing collateral to be used at the Members’ discretion and solely as authorized by Airbnb under that Program. Airbnb is the sole owner of any marketing collateral we make available, Members’ use of collateral is subject to any branding guidelines or instructions we provide, and Members may not modify the collateral or remove any Airbnb logos, branding, links or identifiers.
Warranties and Indemnities
You warrant that you have all necessary rights, permissions, licenses and consents to enter into these Referral Terms and participate in our Program(s). You will indemnify, and are responsible and liable for, and will defend Airbnb (at Airbnb’s option) and hold Airbnb harmless from and against, any and all demands, disputes, claims, damages, liabilities, losses, expenses and costs (including reasonable fees and expenses of attorneys and other professionals) arising out of or resulting from your acts or omissions in relation to a Program, including your negligence, misconduct, violations of law, or any allegation or claim that your content or marketing materials violate or infringe the intellectual property or privacy rights of a third party.
Exclusion and Limitation of Liability
In no event will Airbnb be liable for any special, incidental, punitive, exemplary or consequential damages of any kind even if we have been informed in advance of the possibility of such damages. In no event will Airbnb’s aggregate liability to you in connection with any Program exceed the greater of $100USD and the aggregate Rewards due to you under the Program.
Interpretation of these Terms
Program participants are independent individuals or contractors and not employees, intermediaries or agents of Airbnb. 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 Airbnb to its employees from time to time. You may not represent yourself as an employee, intermediary or agent or as being authorised to bind Airbnb. If certain of these Referral Terms are found to be invalid it will not affect the validity of the remaining provisions, which will continue to apply. Any provision which is found to be invalid will be replaced with a provision that comes as close as possible to the purpose of the invalid provision.
Members are solely responsible for all taxes payable on the payouts earned from the Program. Tax regulations may require us to collect and/or report appropriate tax information from Members that participate in our Programs, or to withhold taxes from payouts, or both. Members are solely responsible for keeping the information in their tax forms current, complete and accurate. You understand and agree that you are solely responsible for determining for your jurisdiction (i) the applicable tax reporting requirements (ii) the taxes that should be paid and (iii) any special self-registration requirements. You are also solely responsible for all taxes, including, but not limited to, income, sales and use, VAT, and GST, on the payouts earned from the Program. Airbnb cannot and does not offer tax-related advice to you. Where applicable, or based upon request, we may request that you issue a valid VAT invoice to Airbnb.
Program Administration; Term and Termination; Modification
Offers for Rewards under the Programs discussed in these Referral Terms are made for a limited time only and Airbnb may modify, discontinue or suspend an offer, a Program, these, Referral Terms, Program Materials Program requirements or benefits, or your participation in any Program, at any time for any reason. Airbnb will determine, in its sole discretion, whether the Program requirements have been satisfied and whether any Rewards are due. The rights and obligations of the parties under these Terms that by their nature should survive termination will survive any expiration or termination. Airbnb reserves the right to any remedy, including disqualifying you from participation in a Program and/or non-payment of Rewards, if it suspects or determines, in its sole discretion, that you have committed fraud, tampering, or violated the Referral Terms or our Terms of Service.