US disputes with Airbnb that go to court must be filed in California courts, and California law governs the interpretation of these terms, regardless of where you live in the United States.
This analysis describes what Airbnb's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
If you are a US user outside California who needs to litigate a dispute against Airbnb that falls outside arbitration, you are contractually required to do so in San Francisco, which creates a practical barrier for most users.
Interpretive note: Enforceability of the forum selection and governing law clauses varies materially by jurisdiction; EU/EEA and UK consumer protection law generally renders such clauses unenforceable against consumers in those regions.
The updated Terms of Service no longer explicitly state that users must be at least 18 years old to book a reservation or host a place on Airbnb. Previously, this age requirement was stated as a binding community policy. The removal of this language creates operational uncertainty about Airbnb's age eligibility requirements and enforcement. While Airbnb's actual booking and hosting practices may not have changed, users can no longer point to an explicit contractual age restriction in the published terms.
View change record →Changed section reference from 'Section 19' to 'Section 23', changed 'will be conducted' to 'must be brought', and changed 'consent to venue and personal jurisdiction there' to 'consent to venue and personal jurisdiction in San Francisco County, California'.
View full change record →The California venue requirement means most US users who pursue court litigation against Airbnb must do so in California, adding travel costs and logistical difficulty. This provision does not apply to EU/UK users, who contract with Airbnb Ireland UC under different governing law terms.
How other platforms handle this
In the EU and EEA, the choice of Texas governing law shall not apply only where a mandatory consumer protection law explicitly prohibits such choice of law provisions.
For any claims that are not subject to arbitration...U.S. Residents: Delaware law; venue exclusively in the state or federal courts in New Castle County, Delaware
These Terms are governed by the laws of the State of California and the United States without regard to conflicts of laws provisions
"These Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in Section 23 must be brought in state or federal court in San Francisco County, California, USA, and you and Airbnb both consent to venue and personal jurisdiction in San Francisco County, California.Excerpt from Airbnb's Terms of Service
(1) REGULATORY LANDSCAPE: Forum selection clauses in consumer contracts are subject to review under the FTC Act and state consumer protection statutes.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
Search "[your state] attorney general consumer complaint" to find your state's direct complaint form
Get the research letter
Companies change their terms quietly. We read every version and catch what actually changed. One email a week on the changes that matter and what they mean.
If you are a US user outside California who needs to litigate a dispute against Airbnb that falls outside arbitration, you are contractually required to do so in San Francisco, which creates a practical barrier for most users.
The California venue requirement means most US users who pursue court litigation against Airbnb must do so in California, adding travel costs and logistical difficulty. This provision does not apply to EU/UK users, who contract with Airbnb Ireland UC under different governing law terms.
ConductAtlas has identified this type of provision across 266 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Airbnb.