Please read these Payments Terms of Service (“Payments Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By using the Payment Services (as defined below), you agree to comply with and be bound by these Payments Terms.

Please note: Section 22 of these Payments Terms contains an arbitration clause and class action waiver that applies to all DarBnb Members. If your country of residence is the United States, this provision applies to all disputes with DarBnb. If your country of residence is outside of the United States, this provision applies to any action you bring against DarBnb in the United States. It affects how disputes with DarBnb are resolved. By accepting these Payments Terms, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.

If your country of residence is within the European Economic Area (“EEA”) you can access the European Commission’s online dispute resolution platform here: http://ec.europa.eu/consumers/odr. Please note that DarBnb is not committed or obliged to use an alternative dispute resolution entity to resolve disputes with consumers.

Last Updated: January 21, 2019

These Payments Terms constitute a legally binding agreement (“Agreement”) between you and DarBnb (as defined below) governing the Payment Services (defined below) conducted through or in connection with the DarBnb Platform.

When these Payments Terms mention “DarBnb Payments,” “we,” “us,” or “our,” it refers to the DarBnb company you are contracting with for Payment Services, which may be DarBnb, Inc. (“DarBnb”) or DarBnb Morocco SARL (“DarBnb Morocco”).

Your contracting entity will be determined based on your country of residence subject to the exceptions described in the following:

If you change your country of residence, the DarBnb company you contract with will generally be determined by your new country of residence as specified above, from the date on which your country of residence changes. Please note, however, that the DarBnb company with which you contract will stay the same for all bookings made prior to your change of residence.

The DarBnb Terms of Service (“DarBnb Terms”) separately govern your use of the DarBnb Platform. All capitalized terms have the meaning set forth in the DarBnb Terms unless otherwise defined in these Payments Terms.

In certain situations, customers may be required to enter into unique payment processing agreements with DarBnb. To the extent that there is a conflict between these Payment Terms and terms and conditions set forth in any relevant payment processing agreement, the latter terms and conditions will take precedence, unless specified otherwise.

Our collection and use of personal information in connection with your access to and use of the Payment Services is described in DarBnb’s Privacy Policy.

Table of Contents

1. Scope and Use of the Payment Services
2. Key Definitions
3. Modification of these Payments Terms
4. Eligibility, Member Verification
5. Account Registration
6. Payment Methods and Payout Methods
7. Financial Terms for Hosts
8. Financial Terms for Guests
9. Appointment of DarBnb as Limited Payment Collection Agent
10. General Financial Terms
11. Security Deposits
12. Currency Conversion
13. Abandoned Property
14. Prohibited Activities
15. Intellectual Property Ownership, Rights Notices
16. Feedback
17. Disclaimers
18. Liability
19. Indemnification
20. Termination, Suspension, and other Measures
21. Applicable Law and Jurisdiction
22. Dispute Resolution and Arbitration Agreement
23. General Provisions
24. Additional Clauses for Users Contracting with DarBnb Morocco
25. Additional Clauses for Users that are Businesses
26. Contacting DarBnb

1.1 DarBnb provides payments services to Members, including payment collection services, payments and payouts, in connection with and through the DarBnb Platform (“Payment Services”). Please note that “Payment Services” include DarBnb services associated with free Listings provided through DarBnb’s My Home Your Home Program.

1.2 DarBnb may temporarily and under consideration of the Members’ legitimate interests (e.g., by providing prior notice), restrict the availability of the Payment Services, or certain services or features thereof, to carry out maintenance measures that ensure the proper or improved functioning of the Payment Services. DarBnb may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time. DarBnb will provide notice to Members of any changes to the Payment Services, unless such changes do not materially increase the Members’ contractual obligations or decrease the Members’ rights under these Payments Terms.

1.3 The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms and conditions and privacy practices and Members should review them independently. DarBnb is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by DarBnb of such Third-Party Services.

1.4 You may not use the Payment Services except as authorized by United States law, the Moroccan Law, the laws of the jurisdiction that is your country of residence, and any other applicable laws. In particular, but without limitation, the Payment Services may not be used to send or receive funds: (i) into any United States embargoed countries; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. You represent and warrant that: (i) neither you nor your Host Services are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.

1.5 Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable for a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.

“Payout” means a payment initiated by DarBnb to a Member for services (such as Listing Fees) performed in connection with the DarBnb Platform.

“Payment Method” means a financial instrument that you have added to your DarBnb Account, such as a credit card, debit card, or PayPal account.

“Payout Method” means a financial instrument that you have added to your DarBnb Account, such as a PayPal account, direct deposit, a prepaid card, or a debit card (where available).

DarBnb reserves the right to modify these Payments Terms at any time in accordance with this provision. If we make changes to these Payments Terms, we will post the revised Payments Terms on the DarBnb Platform and update the “Last Updated” date at the top of these Payments Terms. We will also provide you with notice by email of the modification at least thirty (30) days before the date they become effective, however, Members contracting with DarBnb Morocco, will receive notice at least two (2) months prior to the effective date. If you disagree with the revised Payments Terms, you may terminate this Agreement with immediate effect. We will inform you about your right of refusal and your right to terminate this Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued use of the Payment Services will constitute acceptance of the revised Payments Terms.

4.1 You must be at least 18 years old and able to enter into legally binding contracts to use the Payment Services. By using the Payment Services you represent and warrant that you are 18 or older.

4.2 DarBnb may make access to and use of certain areas or features of the Payment Services subject to certain conditions or requirements, such as completing a verification process or meeting specific eligibility criteria.

4.3 We may make inquiries we consider necessary to help verify or check your identity or prevent fraud. Towards this end, you authorize DarBnb to screen you against third party databases or other sources and request reports from service providers. In some jurisdictions, we have a legal obligation to collect identity information to comply with anti-money laundering regulations. This may include (i) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; (ii) requiring you to take steps to confirm ownership of your email address, Payment Methods or Payout Methods; or (iii) attempting to screen your information against third-party databases. DarBnb reserves the right to close, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.

5.1 In order to use the Payment Services, you must have an DarBnb Account in good standing. If you or DarBnb closes your DarBnb Account for any reason, you will no longer be able to use the Payment Services.

5.2 You may authorize a third party to use your DarBnb Account in accordance with the DarBnb Terms. You acknowledge and agree that anyone you authorize to use your DarBnb Account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.

6.1 When you add a Payment Method or Payout Method to your DarBnb Account, you will be asked to provide customary billing information such as name, billing address, and financial instrument information either to DarBnb or its third-party payment processor(s). You must provide accurate, current, and complete information when adding a Payment Method or Payout Method, and it is your obligation to keep your Payment Method and Payout Method up-to-date at all times. The information required for Payout Methods will depend on the particular Payout Method and may include:

• Your residential address, name on the account, account type, routing number, account number, email address, payout currency, identification number and account information associated with a particular payment processor.

6.2 When you add or use a new Payment Method, DarBnb may verify the Payment Method by authorizing a nominal amount or by authenticating your account via a third-party payment service provider. For further verification, we may also (i) authorize your Payment Method for one or two additional nominal amounts,and ask you to confirm these amounts, or (ii) require you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payout Method. When you add a Payment Method during checkout, we will automatically save that Payment Method to your DarBnb Account so it can be used for a future transaction.

6.3 Please note that Payment Methods and Payout Methods may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing payments and Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and DarBnb is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method or Payout Method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your Payment Method or Payout Method.

6.4 You authorize DarBnb to store your Payment Method information and charge your Payment Method as outlined in these Payments Terms. If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partner or your bank and update your Payment Method on file in your DarBnb Account.

6.5 You are solely responsible for the accuracy and completeness of your Payment Method and Payout Method information. DarBnb is not responsible for any loss suffered by you as a result of incorrect Payment Method or Payout Method information provided by you.

6.6. If your Contracting Entity’s location is different than the country of your Payment Method or your selected currency is different than your Payment Method’s billing currency, your payment may be processed outside your country of residence. For example, if you make a booking using a U.S.-issued card, but select Euro as your currency, your payment may be processed outside the U.S. Banks and credit card companies may impose international transaction fees and foreign exchange fees on such international transactions. In addition, if you select to pay with a currency that is different than your Payment Method’s billing currency, your bank or credit card company may convert the payment amount to your billing currency associated with you Payment Method, based on an exchange rate and fee amount determined solely by your bank. As a result, the amount listed on your card statement may be a different amount than that shown on checkout. Please contact your bank or credit card company if you have any questions about these fees or the applicable exchange rate.

7.1 Generally

Generally speaking, DarBnb will collect the Total Fees from a Guest at the time the Guest’s booking request is accepted by the host, or at any other time mutually agreed between the Guest and DarBnb .

7.2. Payouts

7.2.1 In order to receive a Payout you must have a valid Payout Method linked to your DarBnb Account. DarBnb will generally initiate Payouts to your selected Payout Method: (i) for Accommodations, 48 hours of the Guest’s scheduled check-in time (or 48 hours of 3:00 pm local time – or 3:00 pm UTC if local time is unknown – if the check-in time is flexible or not specified); (ii) for Experiences and Events, 48 hours of the start of the Experience or Event; and (iii) for all other Host Services, at the time specified via the DarBnb Platform. In certain jurisdictions or instances, DarBnb may offer you a different time or trigger for payment. For example, in certain cases, eligible Hosts may be able to receive a Payout for a booking prior to the Guest’s scheduled check-in. Any such alternative Payout option may be subject to additional terms and conditions.

7.2.2 The time it takes to receive Payouts once released by DarBnb may depend upon the Payout Method you select and the Payout Method provider’s processing schedule. DarBnb may delay or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation.

7.2.3 Your Payout for a booking will be the Listing Fee less applicable Host Fees and Taxes.

7.2.4 In the event of a Guest’s cancellation of a confirmed booking, DarBnb will remit a Payout of any portion of the Total Fees due to you under the applicable cancellation policy.

7.2.5 DarBnb will remit your Payouts in your currency of choice, depending upon your selections via the DarBnb Platform and as further set out in Section 12. Amounts may be rounded up or down as described in the DarBnb Terms.

7.2.6 For compliance or operational reasons, DarBnb may limit the value of each individual Payout. If you are due an amount above that limit, DarBnb Payments may initiate a series of Payouts (potentially over multiple days) in order to provide your full payout amount.

8.1 You authorize DarBnb to charge your Payment Method the Total Fees for any booking requested in connection with your DarBnb Account. DarBnb Payments will collect the Total Fees in the manner agreed between you and DarBnb via the DarBnb Platform. DarBnb Payments will generally collect the Total Fees after the Host accepts your booking request. However, if you pay with a push Payment Method (such as Sofort), DarBnb will collect the Total Fees at the time of your booking request or after the Host accepts your booking request. DarBnb may offer alternative options for the timing and manner of payment. For example, in some cases, Guests may be required to pay or have the option to pay for Host Services at checkout after having prepayed the Service or any requested deposit. Any additional fees for using offered payment options will be displayed via the DarBnb Platform and included in the Total Fees, and you agree to pay such fees by selecting the payment option. Additional terms and conditions may apply for the use of an alternative payment option. If DarBnb is unable to collect the Total Fees as scheduled, DarBnb will collect the Total Fees at a later point. Once the payment transaction for your requested booking is successfully completed, you will receive a confirmation email.

8.2 When you request to book a Listing, DarBnb may also (i) obtain a pre-authorization via your Payment Method for the Total Fees, (ii) charge or authorize your Payment Method a nominal amount, to verify your Payment Method, or (iii) authenticate your account via a third-party payment service provider to verify your Payment Method.

8.3 If a requested booking is cancelled either because it is not accepted by the Host or you cancel the booking request before it is accepted by the Host, any amounts collected by DarBnb will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.

8.4 You authorize DarBnb to perform the Payment Method verification described in Sections 6 and 8, and to charge your Payment Method for any bookings made in connection with your DarBnb Account. You hereby authorize DarBnb to collect any amounts due,by charging the Payment Method provided at checkout, either directly by DarBnb or indirectly, via a third-party online payment processor, and/or by one or more of the payment methods available on the DarBnb Platform (such as gift cards).