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 cap limits the maximum recovery a Guest can obtain from Airbnb to their own historical payments, which may be far less than the actual harm suffered.
Interpretive note: The excerpt establishes two independent liability caps—one for Guests and one for Hosts. The canonical claim addresses the Guest cap as the primary proposition. The Host cap is recorded in omitted_material.
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 →As a Guest, you can recover no more from Airbnb in aggregate than the total amount you paid in the 12 months before the event giving rise to your claim.
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"Airbnb's aggregate liability...exceed: (A) to Guests, the amount you paid as a Guest during the 12-month period prior to the event giving rise to the liability, (B) to Hosts, the amount paid to you as a Host in the 12-month period prior to the event...— Excerpt from Airbnb's Airbnb Terms of Service
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This cap limits the maximum recovery a Guest can obtain from Airbnb to their own historical payments, which may be far less than the actual harm suffered.
As a Guest, you can recover no more from Airbnb in aggregate than the total amount you paid in the 12 months before the event giving rise to your claim.
ConductAtlas has identified this type of provision across 288 platforms. See the full comparison.
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