California law governs your agreement with Airbnb, and any court cases that aren't resolved through arbitration must be filed in California — which may be impractical for users who live in other states or countries.
If you have a legal dispute with Airbnb that is not resolved through arbitration — for example, if the arbitration clause is found unenforceable — you must litigate in California courts, regardless of where you live. For EU/EEA users, consumer protection laws in your home country may override this requirement.
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Compare across platforms →A forum selection clause requiring litigation in California creates a practical barrier for users in other states or countries who might have legitimate legal claims, as traveling to California or hiring California-based counsel is costly and burdensome.
1) REGULATORY FRAMEWORK: The California choice of law provision engages the Restatement (Second) of Conflict of Laws § 187, which courts apply to assess whether the chosen state's law has a substantial relationship to the parties. The forum selection clause requiring litigation in San Francisco engages 28 U.S.C. § 1404(a) (transfer of venue). For EU/EEA users, the Brussels I Regulation (Recast) (EU Regulation 1215/2012, Art. 17-19) mandates that consumer contracts allow consumers to sue in their home jurisdiction, rendering the California forum selection clause unenforceable against EU consumers. The UK retained equivalent protections post-Brexit. 2)
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