Airbnb says it is only a marketplace connecting hosts and guests, not a party to your booking contract, meaning the company disclaims responsibility for the quality, safety, or accuracy of listings.
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 something goes wrong during your stay, such as a listing not matching its description or a safety issue, Airbnb's terms position the company as a neutral intermediary rather than a responsible party, which can limit the remedies available to you directly from Airbnb.
Interpretive note: The practical effect of this disclaimer depends on jurisdiction, as EU/UK consumer law and the DSA may impose obligations on Airbnb that override or supplement this contractual framing.
This new provision explicitly disclaims Airbnb's liability by recharacterizing it as a mere platform intermediary rather than a service provider, reducing its legal responsibility for Host Services and their quality/safety.
View full change record →Guests who experience problems with a booking may find their primary recourse is against the host rather than Airbnb, because the terms assert Airbnb is not a contractual party. In practice, Airbnb does operate a resolution center and AirCover program, but these are separate from the contractual framework established by this clause.
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THE SERVICES ARE PROVIDED 'AS IS.' EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTIC...
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"Airbnb is not a party to any contracts between Hosts and Guests. You acknowledge that Airbnb provides a platform for Hosts to offer accommodations and other Host Services to Guests and facilitates payments between Hosts and Guests, but does not itself provide Host Services, and is not a party to any such contracts. Airbnb has no control over and does not guarantee the quality, safety or legality of Host Services listed, the truth or accuracy of listings, the ability of Hosts to provide Host Services or the ability of Guests to pay for them.— Excerpt from Airbnb's Airbnb Terms of Service
(1) REGULATORY LANDSCAPE: This intermediary liability framing interacts with the EU Digital Services Act, which imposes obligations on online platforms regardless of contractual intermediary status, including transparency, notice-and-action procedures, and user redress mechanisms. In the US, Section 230 of the Communications Decency Act provides platform liability protections for third-party content, though its application to commercial transaction platforms like Airbnb is context-dependent. Consumer protection regulators in the EU and UK have scrutinized marketplace operators' attempts to disclaim responsibility for transactions facilitated on their platforms. (2) GOVERNANCE EXPOSURE: Medium. The intermediary disclaimer is standard among marketplace operators but faces increasing regulatory pressure in the EU under the DSA and the Platform-to-Business Regulation. The disclaimer does not necessarily insulate Airbnb from regulatory enforcement related to platform conduct, and regulators may assess obligations based on Airbnb's functional role rather than its contractual characterization. (3) JURISDICTION FLAGS: EU/EEA users benefit from consumer protection directives that may impose liability on marketplace operators for transactions facilitated on their platforms regardless of contractual intermediary disclaimers. UK consumer law similarly imposes duties on marketplace operators. Australian consumer law has also been applied to platform operators in ways that go beyond contractual self-description. (4) CONTRACT AND VENDOR IMPLICATIONS: Business hosts and property management companies should understand that this clause means Airbnb does not assume liability for guest disputes, requiring hosts to maintain their own insurance and dispute resolution capabilities. The AirCover program, referenced separately, is a discretionary protection and not a contractual obligation under this clause. (5) COMPLIANCE CONSIDERATIONS: Compliance teams should assess whether Airbnb's operational practices, including its resolution center and AirCover commitments, are consistent with the contractual intermediary framing and whether regulatory frameworks in operating jurisdictions require a different disclosure posture.
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If something goes wrong during your stay, such as a listing not matching its description or a safety issue, Airbnb's terms position the company as a neutral intermediary rather than a responsible party, which can limit the remedies available to you directly from Airbnb.
Guests who experience problems with a booking may find their primary recourse is against the host rather than Airbnb, because the terms assert Airbnb is not a contractual party. In practice, Airbnb does operate a resolution center and AirCover program, but these are separate from the contractual framework established by this clause.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Airbnb.