April 7, 2021...11:00 pm

Airbnb Arbitration Agreement

There was no surprise either, because the delegation clause was neither hidden nor incomprehensible. The beginning of 2017 terms of service used in printed fat to draw attention to the arbitration agreement. See ECF 4-8 on PageID #68. It asks the user to read the arbitration agreement carefully. The conciliation agreement and delegation clause are printed in bold in the dispute settlement section itself. Id. to PageID #87. The delegation clause clearly designates the arbitrator to rule on disputes relating to the applicability or application of the arbitration agreement. See id. Here, the delegation clause is not unreasonably favourable to the defendant, the most powerful party. The delegation clause clearly and unequivocally binds both parties to conciliation. ECF 4-8 at PageID #87; See Selden, 2016 WL 6476934, at 8; See also Sonic-Calabasas A, Inc., 311 P.3d to 1152 (“California and federal law both treat the replacement of arbitration procedures for disputes as a mere replacement of one dispute resolution forum for another, which does not result in any inherent disadvantage. “).

In addition, the arbitration agreement limits the applicant`s initial deposit fee to US$200. ECF 4-8 at PageID #87. In comparison, the applicant`s deposit fee for this action was 400 $US. ECF 1-2 to PageID #7. And the complainant would have the right to seek legal fees and fees if he is required. On the other hand, the defendant is prohibited from charging legal fees and fees unless the arbitrator finds that the applicant`s application was light or that it must be harassed. Id.; See Long Beach Unified Sch. Dist v. Margaret Williams, LLC, 256 Cal. Rptr.3d 354, 367-68 (Cal. Ct.

App. 2019) (finding a lack of material scruples when a compensation provision required a company to defend the party of the project and to engage it against the drafting for all the deserving rights of the owner of the company). 7.4.3 Unless the host and co-host agree otherwise, the host and co-host may terminate the co-host contract at any time. In addition, the host and co-host acknowledge that if Airbnb (i) leaves the co-host service or (ii) the participation of one of the parties, their co-hosting is terminated. If the co-host agreement is terminated, the host remains responsible for all acts of the co-host prior to termination, including responsibility for the execution of current or future bookings initiated prior to termination. If a member is removed as a co-host, that member no longer has access to host or host information related to the corresponding host lists. The applicants assert that “the terms in general are unreasonably more favourable to [defendant]” without giving details. ECF No. 9 at PageID #127.

But in fact, the arbitration agreement provides that the applicant can choose the place of listening and whether he must participate in person or electronic version. ECF 4-8 at PageID #87. In this respect, the arbitration agreement is even more advantageous than a legal action. Therefore, the delegation clause is not unreasonably favourable to the defendant, the most powerful party, and is therefore not materially unacceptable. 8.2.1 You understand that a confirmed booking of accommodation (“accommodation reservation”) is a limited license granted to you by the host to enter, occupy and use the accommodation for the duration of your stay, during which the host retains the right to return to the accommodation in accordance with your agreement with the host.