If you have a legal dispute with Airbnb, you must resolve it through individual arbitration rather than suing in court, and you cannot join a class action lawsuit against the company.
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
This clause removes access to the court system for most disputes and prevents users from joining together in class actions, which are often the only practical way to pursue small individual claims against a large company.
Interpretive note: Enforceability of this clause varies by jurisdiction; EU and some US state courts have declined to enforce similar provisions in consumer contracts.
Added section header 'ARBITRATION AGREEMENT', changed 'agree to waive' to 'ARE EACH WAIVING' (all caps for emphasis), and added language about survival of arbitration agreement post-termination.
View full change record →US users who accept these terms give up the right to sue Airbnb in court or participate in class action lawsuits for most disputes, limiting their practical legal recourse for grievances. The terms permit users to opt out of this clause within 30 days of account creation by sending written notice.
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You and Teachable agree to resolve any disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. You also agree that disputes will only be resolved on an individual basis and not as a class, consolidated, or representative action.
Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco County, California, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by ...
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 12.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
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"ARBITRATION AGREEMENT. You and Airbnb mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Airbnb Platform, Host Services, or any Content will be settled by binding individual arbitration. YOU AND AIRBNB ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This arbitration agreement shall survive termination of this Agreement.— Excerpt from Airbnb's Airbnb Terms of Service
(1) REGULATORY LANDSCAPE: This provision implicates the Federal Arbitration Act (FAA) in the United States, which generally supports enforcement of arbitration agreements, and interacts with CFPB guidance on consumer arbitration. In the EU and UK, mandatory pre-dispute arbitration clauses in consumer contracts may be unenforceable under consumer protection directives and the Consumer Rights Act 2015 (UK), creating a material jurisdictional split in enforceability. State-level consumer protection statutes in California and other states may also limit enforceability in specific contexts. (2) GOVERNANCE EXPOSURE: High. The class action waiver combined with mandatory individual arbitration creates significant structural protection for Airbnb against aggregate claims. While this structure is common among major platform operators, its enforceability has been contested in various jurisdictions and regulatory contexts, including in proceedings before the CFPB and state courts. EU/UK users may not be bound by this clause under applicable consumer law, creating parallel dispute resolution obligations. (3) JURISDICTION FLAGS: The clause as drafted applies to US users and may be unenforceable for EU/EEA and UK users under mandatory consumer protection rules. California users should note that the California Supreme Court has in some contexts narrowed arbitration clause enforcement. Illinois and New York users may have additional protections depending on the nature of the dispute. (4) CONTRACT AND VENDOR IMPLICATIONS: B2B and commercial accounts using Airbnb's platform should assess whether arbitration terms apply to business disputes and whether their own vendor agreements or platform agreements are consistent with this dispute resolution posture. The carve-out for intellectual property disputes and small claims court may be relevant for business users. (5) COMPLIANCE CONSIDERATIONS: Compliance teams should verify that the opt-out mechanism is clearly disclosed and accessible to users at account creation, and that notice of updated arbitration terms triggers a new opt-out window. Organizations operating in EU/UK markets should assess whether separate dispute resolution pathways are operationally supported.
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This clause removes access to the court system for most disputes and prevents users from joining together in class actions, which are often the only practical way to pursue small individual claims against a large company.
US users who accept these terms give up the right to sue Airbnb in court or participate in class action lawsuits for most disputes, limiting their practical legal recourse for grievances. The terms permit users to opt out of this clause within 30 days of account creation by sending written notice.
ConductAtlas has identified this type of provision across 131 platforms. See the full comparison.
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