If Airbnb faces legal claims or costs because of something you do on the platform, you are required to pay Airbnb's legal fees and any resulting damages.
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 indemnification obligation establishes that users assume financial and legal responsibility for defending Airbnb against a broad category of third-party claims connected to user conduct or platform participation. The provision allocates litigation costs and defense authority to users rather than to Airbnb, affecting the distribution of financial risk across disputes arising from platform use.
Interpretive note: The breadth of the indemnification obligation and its enforceability against individual consumers may vary by jurisdiction, particularly in EU/EEA and certain US states.
Changed 'hold Airbnb (including Airbnb Payments, other affiliates...)' to 'hold harmless Airbnb and its affiliates and subsidiaries, including but not limited to, Airbnb Payments', reordering the structure and adding explicit reference to 'subsidiaries'.
View full change record →The agreement requires users to cover Airbnb's legal costs and damages if claims arise from the user's breach of the terms, platform misuse, or interactions with other members, including during stays or experiences booked through the platform.
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"To the maximum extent permitted by applicable law, you agree to release, defend (at Airbnb's option), indemnify, and hold Airbnb (including Airbnb Payments, other affiliates, and their respective officers, directors, employees, and agents) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms or our Additional Legal Terms, Policies, or Standards; (ii) your improper use of the Airbnb Platform; (iii) your interaction with any Member, stay at a Host's accommodation, participation in an Experience or other service; (iv) the creation, publication or booking of your Listing, the provision of Host Services, or your obligations to any Member; or (v) your breach of any laws, regulations or third party rights.— Excerpt from Airbnb's Airbnb Terms of Service
1) REGULATORY LANDSCAPE: Broad consumer indemnification clauses engage FTC unfair practices scrutiny, particularly where the scope of indemnification is not clearly limited to the user's own wrongful conduct. EU Directive 93/13/EEC on unfair contract terms may render overbroad indemnification obligations unenforceable against EU consumers. California courts have at times declined to enforce indemnification clauses that sweep in conduct beyond the user's direct fault. 2) GOVERNANCE EXPOSURE: Medium. The indemnification obligation is broadly drafted, covering not only intentional misconduct but also interactions with other members during stays and experiences. The practical financial exposure for individual consumers may be significant in the event of a serious incident during a booking. 3) JURISDICTION FLAGS: EU/EEA and UK consumers may have statutory protections against overbroad indemnification clauses under unfair contract terms legislation. California residents may have additional arguments under state consumer protection law. The clause's enforceability against consumers (as opposed to commercial hosts) may vary by jurisdiction. 4) CONTRACT AND VENDOR IMPLICATIONS: Commercial hosts and property management companies using Airbnb should ensure their insurance policies and operating agreements address the indemnification obligation, including coverage for third-party claims that could trigger the user's indemnification duty to Airbnb. 5) COMPLIANCE CONSIDERATIONS: Legal teams advising hosts or guests in commercial contexts should assess whether the indemnification obligation is adequately disclosed and whether it conflicts with applicable consumer protection law in relevant jurisdictions. Insurance due diligence should specifically address the scope of the indemnification obligation.
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This indemnification obligation establishes that users assume financial and legal responsibility for defending Airbnb against a broad category of third-party claims connected to user conduct or platform participation. The provision allocates litigation costs and defense authority to users rather than to Airbnb, affecting the distribution of financial risk across disputes arising from platform use.
The agreement requires users to cover Airbnb's legal costs and damages if claims arise from the user's breach of the terms, platform misuse, or interactions with other members, including during stays or experiences booked through the platform.
ConductAtlas has identified this type of provision across 83 platforms. See the full comparison.
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