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
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.
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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.
Other Canadian Residents: Ontario law; venue exclusively in the courts of competent jurisdiction in the City of Toronto, Ontario
These Terms will be governed by the laws of the State of California, without regard to the conflict of law provisions thereof
"These Terms are governed by and construed in accordance with Irish law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply...Excerpt from Airbnb's Terms of Service
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The clause states: “These Terms are governed by and construed in accordance with Irish law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply...”
ConductAtlas has identified this type of provision across 266 platforms. See the full comparison.
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