Donation Terms of Service
TABLE OF CONTENTS:
1 Donation Terms
Last Updated: November 30, 2020
IN ADDITION TO THESE DONATION TERMS AND CONDITIONS (“DONATION TERMS”) THE AIRBNB TERMS OF SERVICE, PAYMENTS TERMS OF SERVICE, AND PRIVACY POLICY APPLY (COLLECTIVELY THE “AIRBNB TERMS”). CAPITALIZED TERMS NOT DEFINED IN THESE DONATION TERMS HAVE THE MEANINGS GIVEN IN THE AIRBNB TERMS. IF THERE IS A CONFLICT BETWEEN THE AIRBNB TERMS AND THE DONATION TERMS, THESE DONATION TERMS PREVAIL.
There are two main ways to support Airbnb.org, Inc. (“Donee” or “Airbnb.org”), an independent nonprofit organization recognized by the U.S. Internal Revenue Service under Section 501(c)(3) of the U.S. Internal Revenue Code as a tax-exempt public charity (Federal Tax ID: 83-3135259). First, you (“you” or “Donor”) may make a donation (“Donation”) using the donation feature on the Airbnb, Inc. (“Airbnb”) platform (an “Airbnb Platform Donation”). Second, you may make a donation off the Airbnb platform through PayPal without creating or logging in to your Airbnb account (a “PayPal Platform Donation”). These Donation Terms only apply to Airbnb Platform Donations. PayPal Platform Donations may be subject to the PayPal terms and conditions. Please refer to PayPal’s website for any applicable terms and conditions.
If you make an Airbnb Platform Donation to the Donee you agree to these Donation Terms and the Airbnb Terms as of the date you make your Donation and are effective as of the date you make your Donation.
The amount donated to Donee (“Donation Amount”) is the amount you select and confirm in the donation feature, and you authorize Airbnb Payments to send that Donation Amount to the Donee. The Donation Amount then becomes payable to the Donee and is non-refundable and cannot be modified. Airbnb Payments will send 100% of the Airbnb Platform Donation Amount to the Donee.
Neither Airbnb Payments nor the Donee charges any fees to you, nor does Airbnb Payments deduct fees from the Donation Amount. Airbnb Payments will make your Donation available to the Donee within ten days. Please consult the PayPal terms and conditions to determine whether your PayPal Platform Donation will deduct a fee from your Donation.
For Donors paying income tax in the United States, Donations are tax-deductible to the extent allowable under United States tax law as a charitable contribution to Airbnb.org. Donors should check their local tax regulations or seek professional tax advice to determine whether and to what extent their Donation qualifies for any tax benefit. You will receive a tax receipt either from Airbnb.org directly, or from Airbnb acting as an agent of Airbnb.org.
Your name, Donation Amount, and other personal information you submit in connection with your Donation may be disclosed to relevant tax authorities if required by applicable law. Your name, Donation Amount and contact information will be shared with Airbnb.org, which handles data in accordance with their privacy policy.
The following State Complaints and Disclosures apply to Airbnb Platform Donations processed by Airbnb Payments, Inc.
State Complaints and Disclosures
Alaska
Alaska Department of Commerce, Community, and Economic Development
For Alaska Residents Only:
If your issue is unresolved by Airbnb Payments, please submit formal complaints with the State of Alaska, Division of Banking & Securities.
Formal complaints must be in writing, please download the form here.
Formal complaint forms may be submitted via:
- Fax: 907-465-1230
- Email: msb_licensing@alaska.gov
- Mail: Division of Banking & Securities PO Box 110807 Juneau, AK 99811-0807
If you have questions regarding formal complaints, please call 907-465-2521.
California
California Department of Business Oversight
If you have complaints with respect to any aspect of the money transmission activities conducted at this location, you may contact the California Department of Business Oversight at its toll-free telephone number, 1-866-275-2677, by e-mail at consumer.services@dbo.ca.gov, or by mail at:
Department of Business Oversight
Consumer Services
1515 K Street, Suite 200
Sacramento, CA 95814
Florida
Florida Office of Financial Regulation
For complaints directly to the Florida Office of Financial Regulation, please send correspondence to:
Florida Office of Financial Regulation
Division of Finance
200 E. Gaines Street
Tallahassee, FL 32399-0376
Toll-Free Number: 1-800-848-3792
Illinois
Illinois Department of Financial and Professional Regulation
For complaints directly to the Illinois Division of Financial Institutions, please send correspondence to:
Illinois Division of Financial Institutions
320 West Washington Street, 3rd Floor
Springfield, IL 62786
Toll-Free Number: 1-888-473-4858
Maryland
Maryland State Bank Commissioner
The Commissioner of Financial Regulation for the State of Maryland will accept all questions or complaints from Maryland residents regarding Airbnb Payments, Inc. (License # 1177237, NMLS # 1177237), at:
500 North Calvert Street, Suite 402
Baltimore, MD 2120
Toll-Free Number: 1-888-784-0136
New York
New York Department of Financial Services
Airbnb Payments, Inc. is licensed and regulated as a Money Transmitter by the New York Department of Financial Services.
After first contacting Airbnb Payments, Inc., if you still have an unresolved complaint regarding the company's money transmission activity, please direct your complaint to:
Consumer Assistance Unit
NYS Department of Financial Services
One Commerce Plaza
Albany, NY 12257
Toll-Free Number: 1-877-226-5697
https://www.dfs.ny.gov/complaint
Texas
Texas Department of Banking
After first contacting Airbnb Payments, Inc., if you still have an unresolved complaint regarding the company’s money transmission activity, please direct your complaint to:
Texas Department of Banking
2601 North Lamar Boulevard
Austin, Texas 78705
Albany, NY 12257
Toll-Free Number: 1-877-276-5554
2 Host Donation Terms
Last Updated: April 08, 2020
By selecting to designate a portion of your Payout to a charity (“Donee”) using the Host donation feature (“Host Donation”), you agree to these Host Donation Terms of Service (“Host Donation Terms”), which amend Airbnb’s Terms of Service (“Airbnb Terms”) and Payments Terms of Service (“Payment Terms”) and are effective as of the date you first confirm a Donation Percentage (as defined below).
All capitalized terms not defined have the meaning given to them in the Airbnb Terms and Payments Terms. If there is a conflict between the Airbnb Terms or Payments Terms, these Host Donation Terms prevail.
As a Host, you may be given the option of apportioning a percentage of your future Payouts (i.e., the Listing Fee less applicable Host Fees and Taxes in accordance with Section 7.2.3 of the Payment Terms) on a recurring basis to be donated to charity (“Donation Percentage”). This Donation Percentage will apply to all future Payouts due to the Host until the Host modifies or cancels the Donation Percentage through the host dashboard. The amount donated to charity (“Donation Amount”) is calculated as the Donation Percentage times the Payout due to you. For example, if you select a Donation Percentage of 20% and you are scheduled to receive a Payout in the amount of US$100, at the time of the Payout, US$20 will be donated to charity and the remainder (US$80) will be transferred to you via your chosen Payout Method in accordance with the Payment Terms. The Donation Percentage will be applied to all future Payouts, including any Payout from a reservation that is modified or cancelled.
By confirming a Donation Percentage, you authorize Airbnb Payments to send the Donation Amount to the Donee at the time of Payout without any further confirmation from you. You may modify the Donation Percentage or cancel all future donations through the host dashboard up until the Payout has been initiated by Airbnb Payments pursuant to Section 7.2 of the Payment Terms of Service. Modifications to or cancellations of the Donation Percentage will not apply to any Payouts that have already been initiated. Once a Payout has been initiated, the Donation Amount becomes payable to the Donee and is non-refundable. Additionally, at the time of initiation of a Payout to you and the Donation Amount becoming payable to the Donee, the Donation Amount shall cease to constitute a Payout under the Payment Terms. Airbnb Payments will send 100% of the Donation Amount to the Donee.
Donations are made to the Open Homes Fund, a donor advised fund managed by the Donee. The Donee is PayPal Charitable Giving Fund (“PayPal Giving Fund”), an organization recognized by the U.S. Internal Revenue Service under Section 501(c)(3) of the U.S. Internal Revenue Code as a tax-exempt public charity (Federal Tax ID: 45-0931286). Your donation is subject to PayPal Giving Fund's policies. The Donee will in turn will grant Donations to nonprofit organizations that connect people in need with temporary housing when they are traveling due to conflict, disaster, public health emergency, or medical needs. The Donee may change in the future to another 501(c)(3) charity that manages how your Donation is distributed, but Donation Amounts will always go to nonprofit organizations helping people in need. Should the Donee change, Airbnb will notify you of the change in advance and you may opt to cancel all future donations to the new Donee. If you do not cancel the future donations within the advance notice period, you will be deemed having consented and instructed Airbnb to send the future Donation Amounts to the new Donee. Neither Airbnb Payments nor the Donee charges any fees to you nor does Airbnb Payments deduct fees from the Donation Amount. Airbnb Payments will make the Donation Amount available to the Donee within approximately 30 days of your Payout. You will be able to see the Donation Amount deducted from your Payout on your Airbnb account on your host dashboard.
For Hosts paying income tax in the United States, Donations made through Host Donation are tax-deductible to the extent allowable under United States tax law as a charitable contribution to the Open Homes Fund located at PayPal Giving Fund. For Hosts who are fiscal residents of Mexico, donations are tax-deductible under the USA/Mexico Treaty to Avoid Double Taxation, when all applicable conditions are met. Hosts using Host Donations should check their local tax regulations or seek professional tax advice to determine whether and to what extent their Donations qualify for any tax benefit. You will receive an annual tax receipt at the beginning of the next year for the past year’s Donations.
Your name, Donation Amount, and other personal information you submit in connection with Host Donation may be disclosed to relevant tax authorities if required by applicable law. Your name, Donation Amount and email address will be shared with PayPal Giving Fund for record-keeping purposes only, and your data will be stored and protected in accordance with their privacy policy.
Additional Terms for Non-US Residents
The following paragraphs will apply if you are contracting with Airbnb Payments UK or Airbnb Payments Luxembourg:
You authorise Airbnb Payments UK or Airbnb Payments Luxembourg as the case may be, at the same time as your Payout becomes payable to you in accordance with Section 7 of the Payments Terms, to deduct the Donation Amount from the Payout due to you and transfer it to the Donee (directly or through an Intermediary (defined below)). The remainder of your Payout will be remitted to you via your chosen Payout Method in accordance with the Payment Terms.
In accordance with Sections 7 and 12 of the Payments Terms, you authorise Airbnb Payments UK or Airbnb Payments Luxembourg, depending on your contracting entity, to hold the Donation Amount in its account or with such intermediaries selected by it including Airbnb Payments, Inc. (“Intermediary”) until such time that the Donation Amount is paid to the Donee.
Where Donation Amounts are to be paid to the Donee in a different currency than your Payout currency, we will carry out a currency conversion on the day the Donation Amount is paid to the Donee (directly or through an Intermediary) in accordance with Section 12 of the Payments Terms using the most recently applicable currency conversion rate Airbnb receives from OANDA.com.
Provisions of the Payment Terms dealing with your remedies for unauthorized transactions shall apply to Host Donation transactions.
You acknowledge and agree that once a Donation Amount becomes payable to the Donee, you will not have any claim, right, title, or interest over the Donation Amount and that you authorize Airbnb Payments UK or Airbnb Payments Luxembourg, as the case may be, to maintain and remit the Donation Amount in such manner as may be necessary in order for such Donation Amount to be received by the Donee expeditiously. For the avoidance of doubt, at the time of initiation of a Payout to you and the Donation Amount becoming payable to the Donee, the Donation Amount shall cease to constitute a Payout under the Payment Terms.