Airbanaco Terms of Service
Last Updated Date: April 15, 2021
The following Terms of Service (“Terms”) between you (referred to as “you” or “your”) and Airbanaco, a Limited Partnership (referred to as “Airbanaco”, “we”, “us”, or “our”, together with you referred to as the “Parties”) describe the specifications on which you may access and use Airbanaco’s website (www.airbanaco.com) (the “Site”) or its Services which shall be defined below, available to you, and conditioned upon your acceptance of all the policies and notices stated herein. By clicking the “I accept” box on the sign-up page of the Site, you hereby expressly acknowledge and agree to be bound by these Terms.
Airbanaco provides short-term rental co-hosting services (the “Services”) to the following Top Performing Airbnb users as described herein (collectively referred to as the “Members”):
1. “Airbnb Host(s)” which refers to owners of a property listed on Airbnb, or individuals who rent or lease a property but have authorization to list the property on Airbnb for short-term rental; and
2. “Authorized Entity” which refers to any company owned or managed by the Airbnb Host with the authority to bind the Airbnb Host to these Terms.
Any new features or tools which are added to the current Services shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms at any time by posting updates and/or changes to our Site at our sole discretion. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, the Site following the posting of any changes to these Terms constitutes acceptance of those changes.
1. SERVICE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. Minors may use this Site under the supervision of their parents or legal guardians who agree to be bound by these Terms on their behalf. If you are a parent or legal guardian agreeing to these Terms on behalf of a minor, you are fully responsible for his or her use of the Site and Services, including all liabilities.
You may not use our Services for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws, rules, or regulations in your jurisdiction. A breach or violation of any of the Terms will result in an immediate termination of the Services.
2. GENERAL CONDITIONS
Airbanaco reserves the right to refuse, modify, or discontinue the Services to anyone, for any reason, at any time, in its own discretion. Airbanaco shall not be liable to you or any third-Party for any modification, price change, suspension or discontinuance of the Services.
You understand that your content (not including payment information) may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You consent to receiving communications from us, including but not limited to, e-mails, text messages, and/or calls regarding your Listing, updates to our Services, marketing, advertisement, and any other relevant information.
Airbanaco shall not be held responsible if information made available on this Site is not accurate, complete, or current. For clarity, any reliance of the information on this Site is at your own risk.
3. AIRBNB CO-HOSTING SERVICES
1. Airbanaco Services. Upon accepting these Terms, and being qualified by the Airbanaco team as a “Member”, you shall receive the following applicable Services from Airbanaco:
a. Primary Host. Airbanaco shall serve as the Primary Host and Listing Administrator for your Listing on Airbnb.
b. KPIs and Monthly Action Plan. Airbanaco shall provide a monthly KPI (Key Performance Indicators) dashboard for your Listing and a Monthly Action Plan, which shall include but not be limited to, benchmarking and monitoring KPI’s and providing key opportunities for improvements.
c. New Airbnb Listing Creation. Airbanaco will create a new Listing for your Airbnb and will serve as the Primary Host and Listing Administrator for this new listing on Airbnb. As a part of this new Listing creation, Airbanaco will, with you your approval, complete the following: 1. Hire and coordinate the scheduling of a professional photographer to take new pictures to be used in the new Listing for Airbnb. There will be no charge for this service. The photographs will be property of Airbanaco. 2. Write and/or update all content on the Listing including but not limited to the Listing title, description and neighborhood description.
d. Listing Optimization. Providing marketing support in the form of listing and pricing optimization, including but not limited to, setting, monitoring and adjusting your Listing’s Nightly Rate, adjusting your Listing’s calendar, and updating your Listing content weekly as appropriate and on an ongoing basis.
e. Booking and Reservation Support. Airbanaco provides 24/7 Booking and Reservation Support for your Guests which shall include, but not be limited to, responding to Reservation requests; responding to Guest enquiries and questions; screening Guests using pre-determined criteria; accepting or declining Guest booking requests; extending, shortening, or otherwise altering Guest bookings as needed; accepting payment from Guests for their booking; providing the Guest with the Listing address and check-in instructions; providing destination information, recommendations, and tips; responding to early check-in requests; responding to Guest questions; and confirmations from cleaners that the Listing is ready for the next Guest.
f. Guest Service Support. Airbanaco provides 24/7 Guest Service Support, including but not limited to, acting as primary point of contact for all Guest communications; providing virtual check-in assistance for the Guests (self check-in, smart lock, or Member provided check-in personnel required); confirming Guest check-in experience; responding to Guest enquiries, questions, or issues; coordinating check-in personnel if required; coordinating emergency maintenance with the Member’s provided maintenance supplier if required; providing additional recommendations for Guests as requested; executing stay extensions or modifications if required; providing notification of check-out details and timing; responding to requests for late check-out; and liaising with Guests on potential issues with the Airbnb Resolution Center when required.
g. Guest Communication Services. Airbanaco shall provide Guest reviews and Guest communications which shall include, but not be limited to, issuing “Thank You for Booking” communications; preparing and publishing the Guest’s review; requesting Guests to add your Listing to their “Wish List”; and requesting that the Guest leave a positive review.
h. Post-Stay Coordination. Airbanaco shall coordinate house cleaning and maintenance which shall include, but not be limited to: checking the Guests out of your Listing including key return and Listing inspection by your provided cleaners; coordinating and scheduling your provided cleaners, confirming Property conditions and list of supplies that need to be replenished based on information provided by the cleaners; and coordinating minor routine maintenance with your maintenance personal, if required.
2. Performance Dashboard. Airbanaco will provide you with a Performance Dashboard at the end of each calendar month summarizing the KPIs for your Listing. The Performance Dashboard will feature KPI performance from the previous month, as well as a provide a summary of those KPI’s that represent the best opportunity for improvement in future months which shall be reflected in the Monthly Action Plan.
3. Accepting or Declining Bookings. Airbanaco shall have the exclusive right to accept or decline bookings.
4. Online Listing Promotion. Using the Images of your Property, information, and content prepared by you or a third-Party, Airbanaco shall engage in the promotion and marketing of your Listing exclusively on Airbnb.
5. Nightly Rates. You shall set the minimum Nightly Rate and base Nightly Rate. Airbanaco shall strategically manage and determine the Nightly Rate based on your Listing, market characteristics and demand. Airbanaco will never set your Nightly Rate, below your minimum Nightly Rate unless it receives your written authorization.
6. Cleaning Services. You shall notify Airbanaco of the cleaning fee you wish to set for your Listing. You are responsible for hiring cleaners and providing Airbanaco with their contact information. Airbanaco will coordinate cleaning schedules and report their performance or lack of if necessary.
7. Monthly Statements. At the beginning of each month, Airbanaco will send or make available through an online Member portal on the Site an account statement for your Listing detailing all confirmed Reservation activity from the previous month (“Monthly Statement”). The Monthly Statement shall include all Payouts received from the Reservation, expenses incurred, and Airbanaco’s Service Fee, as described herein. You agree to carefully review all Monthly Statements upon receipt, and notify Airbanaco of any presumed errors or questions by the last day of the month.
8. Guest Verification. Airbanaco shall review and approve any and all Guests prior to accepting a Reservation, unless you agree to use Airbnb’s “Instant Booking” feature. Otherwise, you agree to allow Airbanaco to have full authority on the approval of Guests in its sole discretion. If you choose to use the Instant Booking setting for your Listing, such Reservation can be confirmed without any further review from Airbanaco. Except in the case where you have authorized the use of Airbnb’s Instant Booking feature, Airbanaco shall use its best efforts to screen Guests based on the available online verification provided by Airbnb. All approvals shall be at Airbanaco’s full discretion without your pre-approval prior to accepting a Reservation.
9. Reservation Notice. Airbanaco shall report to you by e-mail or text message, in order to notify of any new Reservation that has been made on your Listing. Airbanaco shall provide the dates of such Reservation.
10. Guest Removal. In the event that you or Airbanaco learn that during a Reservation a violation of either the House Rules, or a civil or criminal action has been reported to you or Airbanaco (the "Infraction Period"), then Airbanaco shall use its best efforts to determine the appropriate course of action, whether by issuing a warning to the Guest, contacting Airbnb to terminate the Reservation, or the reporting said violation(s) to the police or appropriate government authority. At the conclusion of the Reservation, Airbanaco shall use its best efforts to prepare a statement outlining the circumstances of the event for the authorities or to support a security deposit claim with Airbnb. Airbanaco shall have no duty to perform any legal recourse on behalf of the Member.
4. SERVICE FEES AND PAYMENT
1. Service Fees and Payment. Airbanaco shall charge you a Service Fee of 10% of the total Airbnb Payout (less taxes, if applicable) for each Reservation on your Listings.
2. Member Payment. All payouts are handled directly on the Airbnb platform. For each payout issued by Airbnb, 90% of the payout will be directly deposited by Airbnb into an authorized bank account on file belonging to the Member and 10% of the payout will be issued by Airbnb to an authorized bank account belonging to Airbanaco. You are obligated to maintain current and valid bank account information on file with Airbanaco in order to receive your payments from Airbnb. Airbanaco shall not be liable for any delay in payment due to outdated bank account information, technological errors or delay in payment from Airbnb.
3. Cancellation. If for any reason a Reservation that is confirmed by Airbanaco is cancelled by either the Guest or Airbnb and the Guest otherwise is credited or refunded (“Cancellation”), then you will not receive a Member Payment until such Cancellation is resolved and a Payout for that Reservation is received by Airbanaco from Airbnb. Airbanaco shall be responsible for resolving all issues with Airbnb; however it shall not be held liable for any Payouts not received.
4. Refunds. Where it is reasonable to do so, Airbanaco may issue full or partial refunds to Guests to amend Guest dissatisfaction issues. Airbanaco will notify you of the amount and reason for the Guest refund. The refund will be reflected in the Payout by Airbnb for that Reservation. The decision to issue a refund will be at the sole discretion of Airbanaco.
5. Pre-Existing Reservations. Any Reservation for the Property, prior to the Effective Date of this Agreement, shall be a) communicated to Airbanaco by email (including dates of arrival and departure of Guests), b) handled by you or your representative.
5. MEMBER RIGHTS AND OBLIGATIONS
1. Availability. You will have access to your listing calendar to view available nights, blocked nights and booked nights. If you want to block nights for either your own personal use or otherwise, you can alter the available rentable nights so long as you do not block nights and/or cause the cancellation of a reservation that has been been booked by a Guest. If you cause a Reservation to be cancelled by altering the calendar of available nights, Reservation Cancellation terms will apply.
2. Images and Listing Content. If you choose to use your photography from your existing Listing in the new Airbnb Listing to be created by Airbanaco, within 10 days of registering as a Member, you agree to provide Airbanaco with at least 15 digital images of your Listing that can be used on Airbnb. You warrant and represent that those images are accurate depictions of your Listing and that you have the full rights to use these images on Airbnb. You also shall provide Airbanaco with the information and details it requires to complete the new Listing within 10 days of registering as a Member.
3. Utilities. You understand that you are obligated to be up-to-date on payment for all of the Listing’s utilities which includes, but is not limited to, gas, electric, sewer, water, cable, internet, trash removal, pest or termite control if needed, and any other utility to ensure that the Guest is safe and comfortable. You may lock or disable any pay-per-use services, such as long-distance telephone service or pay-per-view cable television, to prevent Guests from incurring those charges.
4. Furnishing and Accessories. You agree and understand that your Listing shall include all suitable appliances, furniture, furnishing, and accessories as described or photographed in your Listing (“Amenities”). In order to provide the best Guest experience, Airbanaco shall provide you with a checklist of Amenities required for the use and benefit of your Guests which shall also incorporate the required items for an Airbnb Plus Listing as shown on the Airbnb website (see Property Checklist). Airbanaco has the right request proof of these Amenities and terminate its Services if you fail to do so.
5. Replenishing Necessities. You are responsible for replenishing necessities such as linens, extra keys, toilet paper, trash bags, towels, bath products, and cleaning supplies. The cost of these necessities shall be paid for by you.
6. Property Access. You shall provide Airbanaco with detailed instructions of your check-in and check-out procedure for each Listing. This shall include, but not be limited to, smart locks, building access codes, lock box codes and locations, and gate community codes. You shall also provide information on the purpose and use of each key provided to the Guest.
7. Safety Compliance. You will remain compliant with the health and safety obligations imposed by your country, state, province, county, city, or other municipality, required by law. Additionally, Airbanaco may provide you with a safety self-assessment survey at any time, and you warrant and represent that you will truthfully and accurately answer this assessment and return it within five days of its receipt. If you fail to comply with the obligations in this Section, upon providing you notice, Airbanaco may terminate its Services effective immediately. You understand and agree that Airbanaco may deactivate or suspend your Listing or that Airbnb may do the same, for any reported safety alert, whether true or accurate or not, in the event of a notice of such occurrences such as the smell of gas, a gas leak, smell of smoke, or any related occurrences that may impact the safety and well-being of a Guest or any other individual.
8. Repairs. You are responsible for the cost of all repairs and maintenance, and any replacement of furnishings, fixtures, and equipment necessary to maintain the Listing. Airbanaco may elect to suspend your Listing for any cause materially affecting the quality or safety of a Guest. In no event will Airbanaco be liable for damages or for any losses accrued by you due to Airbanaco’s decision to suspend your Listing. You maintain full responsibility for all physical and financial matters pertaining to the ownership of your property.
9. Security Deposit Claims. If a Guest has caused damage to your Property or if items are missing or stolen, you are responsible for remitting a claim against the Guest’s security deposit to Airbanaco by e-mail within 48 hours after check-out or before the next guest checks-in, whichever is earlier. Airbanaco shall remit the claim to Airbnb immediately. If you fail to remit a claim within those specified time periods, no claim can be made to Airbnb. You are also required to provide evidence for the claim such as photographs, original purchase receipts, links to same or similar products to assist Airbanaco in working with the Guest and Airbnb’s Resolution center in an attempt to resolve the matter.
10. Member Tax Obligations. You are solely responsible for determining your tax obligations and to include in your Listing any applicable taxes as defined below. You understand that appropriate governmental agencies, departments, or authorities (“Authorities”) where your Property is located may require Taxes to be collected from the Guests. These Authorities may also request that this information be remitted by Airbnb or Airbanaco. Airbanaco shall collect any taxes listed by either you or Airbnb on the Listing when tax is mandated by local law to be collected by Airbnb. Airbanco shall not be in breach of these Terms for failing to collect these taxes. It shall be the sole responsibility of the Member to remit the taxes in a timely manner, whether or not collected separately by Airbanaco. You agree that any failure to remit the taxes in a timely manner or correct amount shall be the sole failure of the Member and in no way implicates or otherwise subjects Airbabanco its assigns, employs, delegates or Affiliates to liability or fault.
11. Tax Regulations. Applicable tax laws and regulations may require Airbanaco to collect appropriate tax information from you and/or to withhold taxes from Payouts to you. If you fail to provide Airbanaco with documentation that Airbanaco determines to be sufficient to alleviate Airbanaco’s obligation (if any) to withhold taxes from payments Airbanaco makes to you, Airbanaco reserves the right to withhold any and all payments that may be due to you and/or withhold such amounts as required by law from any payments due to you, until any tax-related dispute is resolved.